Thuraya Talk - Terms & Conditions

TERMS AND CONDITIONS OF USE

PLEASE READ CAREFULLY BEFORE DOWNLOADING THIS APP.

BY DOWNLOADING, INSTALLING, ACCESSING OR USING THE APP, DOCUMENTS OR SERVICES, YOU AGREE TO THESE AND CONDITIONS OF USE WHICH WILL BIND YOU.

These terms and conditions of use (the “Agreement”) constitute a legal agreement between you (“End-user” or “you”) and Thuraya Telecommunications Company, a private joint stock company, duly incorporated under the laws of the United Arab Emirates with registered address at Thuraya Telecommunications Tower, Al Thanyah 1, P.O. Box 283333, Dubai, UAE (“Thuraya” “we” or “us”).

OUR LICENCE TO YOU

We license you to use:

(a) the Thuraya Talk mobile application software including any improvements, modifications, enhancements, fixes, updates and upgrades we may make or offer from time to time (the “App”);

(b) all documentation associated with the App (whether in printed or electronic form) (the “Documents”); and

(c) the services accessible through the App, including the services detailed below in the section entitled Use of the App and the Services (the “Services”),

on the terms of this Agreement.

The way in which you use the App, the Documents and the Services may also be subject to any rules or policies applied by any application store provider or operator from which you have downloaded the App (“Application Store”) (“Application Store Rules”).

If any open-source software is included in the App or any Service, the terms of an open-source license may override some of the terms of this Agreement.

YOU MUST BE OF A LEGAL AGE TO ENTER INTO THIS AGREEMENT AND BUY THE APP

You must be of a legal age to accept the terms of this Agreement and download the App.

NO ACCESS TO EMERGENCY SERVICES

There are important differences between your mobile and fixed-line telephone services and the App. The App does not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points (“Emergency Services”). You acknowledge and agree that: (i) it is your responsibility to ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service; and (ii) the App is not a replacement of your primary mobile or fixed-line telephone service.

YOUR LICENCE TO US

You license us to perform, distribute, display, create derivative works of and use the data that you provide, upload, submit, send or receive on or through the App and the Services (“Your Data”).

The license you grant us is worldwide, non-exclusive, royalty-free, transferable and includes a right for us to sub-license. We will only use Your Data to operate the App and provide the Documents and the Services.

By using the App or any of the Services, you consent to us collecting and using technical information about the devices and related software, hardware and peripherals for services that are internet-based or wireless to improve our products and to provide any services to you.   

OPERATING SYSTEM REQUIREMENTS

This App requires an Apple device compatible and running iOS 6+ or an Android device compatible and running Android 4.1+.

IMPORTANT INFORMATION

If you do not agree to the terms of this Agreement, we will not license the App, the Documents and the Services to you and you must stop the downloading process now. As a consumer, you might have the right to withdraw from your transaction without charge and without any reason before downloading the App and Documents. However, you will lose the right to cancel the transaction once you begin to download the App or Documents. This does not affect your consumer rights if the App or Documents are defective.

You should print a copy of this Agreement for future reference.

CHANGES TO THIS AGREEMENT

We may change the terms of this Agreement at any time by notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App and the Services. You acknowledge that your use of the App or the Services shall constitute your agreement to the updated Agreement. If you do not agree to the amended terms of the Agreement, you may terminate your relationship with us in accordance with the section entitled Termination.

UPDATES TO THE APP AND THE SERVICES

From time to time updates to the App may be issued through the Application Store.

The terms of this Agreement apply to any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply.

Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.

IF SOMEONE OWNS THE DEVICE YOU ARE USING

You will be assumed to have obtained permission from the owners of the mobile telephones or handheld devices that are controlled, but not owned, by you to download a copy of the App onto such devices. You accept responsibility in accordance with the terms of this Agreement for the use of the App or any Service on or in relation to any device, whether or not it is owned by you.

THIRD PARTY PRODUCTS, WEBSITES AND SERVICES

The App or any Service may contain links to other independent third-party websites (“Third-party Sites”) and third parties may offer products or services via the App (“Third-party Services”). Third-party Sites and Third-party Services are not under our control, and we are not responsible for and do not endorse such Third-party Sites and/or Third-party Services. You will need to make your own independent judgement regarding your interaction with any Third-party Sites and/or your purchase of any Third-party Services and we shall not be responsible for your failure to do so.  

RECORDING OF TELEPHONE CONVERSATIONS

If any of the devices on which the App is installed includes the capability to record telephone conversations, please ensure that you abide by the laws in your jurisdiction regarding the recording of calls, including notifying the counterparty of such recording where required.

PRIVACY POLICY

PRIVACY POLICY

By using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Applicable privacy terms to this Agreement are included in the Privacy Policy at the end of this document. Privacy terms constitute an integral part of this Agreement.

SCOPE OF LICENSE

In consideration of you agreeing to abide by the terms of this Agreement, you may:

(a) download a copy of the App onto your devices and view, use and display the App and the Services on such devices for your personal purposes only; and

(b) use any Documents to support your permitted use of the App and the Services.

You shall always credit Thuraya as the owner of the App.

We are giving you the non-exclusive right to use the App and the Services as set out above. You may not transfer the App or any Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

LICENSE RESTRICTIONS

Except as expressly set out in this Agreement or as permitted by any local law, you agree:

(a) not to copy the App, Documents or Services except where such copying is incidental to normal use of the App or Services, or where it is necessary for the purpose of back-up or operational security;

(b) not to rent, lease, sub-license, loan, provide, or otherwise make available the App, Documents or Services in any form, in whole or in part to any person without our prior written consent;

(c) not to translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documents or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in this Agreement;

(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or the Services or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities: (i) is used only for the purpose of achieving inter-operability of the App with another software program; (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; (iii) is kept secure; and (iv) is not used to create any software that is substantially similar to the App;

(e) to keep all copies of the App and Documents secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App and Documents;

(f) to include our copyright notice on all entire and partial copies you make of the App on any medium;

(g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service,

together, the “License Restrictions”.

ACCEPTABLE USE RESTRICTIONS

You must:

(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data into the App, any Service or any operating system;

(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this Agreement);

(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(e) not collect or harvest any information or data from the App, any Service or our systems or attempt to decipher any transmissions to or from the servers running the App, any Service or our systems,

together, the “Acceptable Use Restrictions”.

USE OF THE APP AND THE SERVICES

(a)    Registering for an account

In order to use the App and the Services, you are required to register for an account using a global system for mobile communication (“GSM”) number, as follows:

         i.  When prompted, during registration, you must insert your GSM number into the App.

       ii.    An SMS message will then be sent to the GSM number which contains an activation code.

     iii.    When prompted, input the activation code into the App to register your account (“App Account”).

     iv.     Your App Account will always be tied to the GSM number that you used to register for your App Account. If you change phones and register a new App Account with the same GSM number, your existing App Account and Credit (as defined in paragraph (c) below) will be transferred to your new App Account.

       v.     If you register a new App Account with a different GSM number, you will be given a new App Account. There is no way to transfer your App Account and Credit (as defined in paragraph (c) below) to an App Account registered to a different GSM number.

     vi.    App Account permissions e.g. access to contacts, location, microphone etc. will be handled by iOS and Android (as applicable).

    vii.    We will retain your GSM number and your App Account number and, subject to the terms of our privacy policy, you acknowledge that we are permitted to use the GSM number and your App Account number for marketing purposes and can share the GSM number and App Account number with authorities if we receive a valid request (as determined in our sole discretion).

(b)    The Services

The App can be used to:

         i.   make and receive calls to and from:

a.  landline and mobile telephones globally;

b.  Thuraya satellite telephones; and

c.   other users of the App; and

       ii.   send and receive:

a.       SMS messages to and from mobile telephones globally;

b.       SMS messages to and from Thuraya satellite telephones;

c.       SMS messages to and from other users of the App;

d.       MMS messages to and from mobile telephones globally; and

e.       MMS messages to and from other users of the App.

In order to use the Services, you need to be connected to the Internet. You are responsible for providing the Internet connection and all equipment required to access the Internet or enable communications such as microphones and webcams and you acknowledge that we are not responsible for the costs associated with such internet connection and equipment.

Using the App on mobile devices is likely to use some of the data allowance of the data package that you have with your mobile network operator. Using the App out of country may lead to significantly higher data usage. You acknowledge that you are solely responsible for keeping yourself informed of such data usage and for paying the applicable charges (including any roaming charges) imposed by your mobile network operator.

You acknowledge and agree that, subject to the terms of the privacy policy included below we are entitled to record all calls and can share them with authorities if legally required to do so. 

(c)     Recharging your account

In order to use the Services, you are required to have credit in your App Account (“Credit”). Charges for using the Services will be charged on a per minute or on a per message basis, as applicable. The charges will be decided at Thuraya’s discretion and charges may be modified from time to time without notice to you by posting such change at www.thuraya.com/thurayatalk. The new rate will apply to your next call after publication of the new rates. Please check the latest rates before you make your call. Fractional call charges will be rounded up to the next whole minute.

You are able to recharge your App Account by purchasing Credit via the App. The App Credit that you purchase will automatically be added to your App Account at the time of purchase.

We may collect VAT or any sales or value-added tax chargeable at the applicable rate and upon the supply of applicable goods or services according to applicable laws and regulations in the relevant jurisdictions at the appropriate rate.

(d)    Refund policy

Refunds shall be dealt with in accordance with the Application Store Rules.

This refund policy does not affect your statutory rights.

(e)    Validity of the App Account

Upon registration of your App Account in accordance with paragraph (a) above, your App Account will be active for 365 days and, subject to having sufficient Credit in your App Account, you will be able to use the Services for 365 days following the date of the activation of your App Account.

Anytime you Recharge your App Account in accordance with paragraph (c) above, your App Account will be valid for a further 365 days following the date of the Recharge. Any Credit that you have in your App Account prior to the Recharge will be rolled over.

In the event that your App Account is not Recharged within 350 days of the previous Recharge, whenever a call is made, the App will send an SMS notification to your App Account number informing you that you have not Recharged your App Account for 350 days.

In the event that your App Account is not Recharged within 365 days of the previous Recharge your App Account will become inactive and it will enter a grace period of 90 days (“Grace Period”).

During the Grace Period, you will only be able to use your App Account to Recharge the App Account, receive incoming calls and SMS messages and make calls to Thuraya customer care (by dialing 100 in the App).

If you Recharge your App Account during the Grace Period, your App Account will be reactivated for a further 365 days following the date of the Recharge and any Credit that was in your App Account prior to the Recharge will be rolled over for a further 365 day period following the date of the Recharge.

An SMS message will be sent to your App Account number once every seven days on your App Account entering the Grace Period, informing you to Recharge your App Account. When your App Account has been in the Grace Period for 75 days, one such SMS message will be sent to your App Account per day until the end of the Grace Period or until your App Account has been Recharged.

(f)      Deactivating your App Account

Without prejudice to the provisions in the section entitled Termination, if you fail to Recharge your App Account during the Grace Period, your App Account will be deactivated and you will no longer be able to use you App Account or any of the Services. You will not be entitled to use any Credit remaining on your App Account after the date your App Account is deactivated.

If, following deactivation of your App Account, you register for a different App Account with the same GSM number, you will be registered for a new App Account and you will receive a new App Account number. For the avoidance of doubt, you will not be entitled to use any previous Credit that was in your old App Account.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all intellectual property rights in the App, the Documents and the Services anywhere in the world belong to us or our licensors, that rights in the App, the Documents and the Services are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Services other than the right to use each of them in accordance with the terms of this Agreement.

You acknowledge that you have no right to access the App in source-code form.

You agree that we may terminate this Agreement and your use of the App, Documents and your receipt of the Services with immediate and without refund if you infringe the intellectual property rights of any third party.

DISCLAIMER

To the maximum extent permitted by law, the App, the Documents and the Services are provided on an “as is” basis and we do not make any representation, warranty or condition, express or implied, statutory or otherwise, including, without limitation representations or warranties of condition, quality, performance, merchantability, non-infringement or fitness for a particular purpose. Further, we do not warrant or represent that the App, Documents and/or the Services will always be available, accessible, uninterrupted, secure, accurate, complete and error-free.

LIMITATION OF LIABILITY

You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.

We only supply the App, the Documents and the Services for your personal and noncommercial use. You are permitted to use your App Account at work for your own business communications.

We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this Agreement or our negligence up to the limit specified below, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Agreement. Our maximum aggregate liability under or in connection with this Agreement (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to an amount in aggregate not to exceed the fees paid for any Credit. This does not apply to the types of loss set out in the next paragraph.

Nothing in this Agreement shall limit or exclude our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation; and

(c) any other liability that cannot be excluded or limited by law.

Under no circumstances shall Thuraya be liable to you, whether in tort (including negligence), breach of contract or otherwise, for:

(a) loss of profits;

(b) loss of use or damage to or corruption of software, data or information;

(c) loss of actual or anticipated savings;

(d) loss of goodwill or reputation;

(e) loss of sales or business;

(f) loss of business opportunity;

(g) any indirect, special, incidental, punitive or consequential damages; or

(h) any claim, damage or loss (whether direct or indirect) arising from or relating to any Third-party Website or Third-party Services,

in each case, whether or not such loss was foreseeable.

Nothing under this clause shall be interpreted as prohibiting you from the benefit of applicable statutory warranties, to the full extent allowed by law.

TERMINATION

You may terminate your relationship by ceasing to Recharge your App Account in accordance with the section entitled Deactivating your App Account.

Without prejudice to our other rights and remedies and without need for a court order, we may terminate this Agreement and terminate or suspend your use of the App and your App Account immediately by written notice to you:

(a) if you commit a material breach of this Agreement which is either not capable of being remedied or, in the case of a breach capable of being remedied, which you fail to remedy within 14 days after the service of written notice requiring you to do so;

(b) in the event of a persistent breach of any terms of this Agreement;

(c) if you breach any of the License Restrictions

(d) if you breach any of the Acceptable Use Restrictions; or

(e) if required to do so by any regulator or authority or due to any change in law.

In the event of termination for any reason:

(a) all rights granted to you under this Agreement shall cease;

(b) you must immediately cease all activities authorized by this Agreement, including your use of the App and any Services;

(c) you will forfeit any Credit remaining in your App Account; and

(d) you must immediately delete or remove the App from all devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.

MISCELLANEOUS

You acknowledge that your use of the App and the provision of the Services may be interrupted from time to time, including for maintenance purposes.

We shall not have any liability for any failure to perform or delay in performance of any of our obligations that is caused by any act or event beyond our reasonable control, including but not limited to any failure of public or private telecommunications networks. If such act or event takes place, our obligations under this Agreement will be suspended and we will use commercially reasonable efforts to find a solution to comply with its obligations under this Agreement.

We may transfer our rights and obligations under this Agreement but this shall not affect your rights and obligations.

You shall obtain our written approval prior to assigning or transferring your rights and obligations under this Agreement. In the event such approval is obtained you shall remain liable for the acts or omissions of such assignee or transferee.

A waiver of any term, provision or condition of, or consent granted under this Agreement shall be effective only if given in writing and signed by us and then only in the instance and for the purpose for which it is given. No failure or delay by us in exercising any right, power or privilege under this Agreement shall operate as a waiver of such right, power or privilege. No breach of any provision of this Agreement shall be waived or discharged except with the express written consent of a duly authorized representative of us.

In the event any provision of this Agreement is or becomes invalid, illegal or unenforceable (i) the validity, legality and enforceability of any other provision shall not be affected or impaired in any way; and (ii) both parties shall agree to replace such provision by a mutually acceptable provision which, being valid and enforceable, comes closest to the intention of the underlying the invalid, illegal or unenforceable provision.

Except as stated herein, a person who is not a party to this Agreement may not enforce any of its terms.

Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

You expressly agree that this Agreement shall be governed by and shall be construed in accordance with the laws of England and Wales and you expressly agree to submit any dispute that may arise out of or in connection with this Agreement to the exclusive jurisdiction of the courts of London, England.

PRIVACY POLICY

PART A – ABOUT THIS PRIVACY POLICY

We are committed to protecting and respecting your privacy. This Privacy Policy sets out the basis on which any personal information we collect from you or that you provide us arising from or via your use of the:

(a) the Thuraya Talk mobile application software including any improvements, modifications, enhancements, fixes, updates and upgrades we may make or offer from time to time (the “App”);

(b) all documentation associated with the App (whether in printed or electronic form) (the “Documents”); and

(c) the services accessible through the App (the “Services”),

together, (the “App Services”).

By using the App Services, you are consenting and accepting of the policies described herein.

The App Services will be processed by us. Please read the following carefully to understand our views and practices regarding your personal information and how we will treat it.

The App Services may, from time to time, contain links to and from the websites of our partners, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal information to these websites.

PART B – OUR PERSONAL INFORMATION HANDLING PRACTICES

What personal information may we collect from you?

Personal information is information about you that can identify you and can include your name, address, date of birth and credit card details.

In general, you can use the App Services without telling us who you are and without revealing any personal information about yourself. The only personal information we collect is the personal information provided by you, for example, information that you provide by filling in forms when using the App Services, such as registering for an account, using online services or contacting Customer Care.

How do we store your information?

Thuraya is committed to protecting the security of your personal information. We will take all steps reasonably necessary and practicable to ensure that your personal information is treated in accordance with this Privacy Policy. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. For example, we store the personal information we collect on computer systems with limited access, which are located in controlled facilities. When we transmit highly confidential information (such as a credit card number or password) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer protocol.

If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always log out before leaving a site or service to protect access to your information from subsequent users.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our reasonable efforts to protect your personal information, we cannot guarantee the security of your information transmitted to or via the App Services; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access, use and disclosures.

What uses or disclosures are made of your personal information?

We may use or disclose personal information about you, including the content of your communications, in order to:

•   communicate with you with respect to mandatory service communications, such as welcome letters, billing reminders, information on technical service issues and security announcements. If you have contacted us and requested a response, we may share your personal information with partners of Thuraya to enable an adequate response to be given to your enquiry;

•   comply with the law or respond to lawful requests (for example, criminal investigations) or legal process;

•   protect the rights or property of Thuraya or our customers, including the enforcement of our agreements or policies governing your use of Thuraya services;

•   act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Thuraya employees, customers or the public;

•   for marketing purposes; or

•   as part of a corporate transaction such as a merger or sale of assets.

We may also use your personal information, including the content of your communications to communicate with you, for example:

•   with your consent, we may occasionally send you product or service surveys to enable us to perform research and analysis aimed at improving our product, services or technologies, or promotional mailings to inform you of other products or services available from us or our affiliates; or

•   with your consent, we may share your personal information with Thuraya partners so they may send you information about their products and services.

Except as described in this Privacy Policy, we will not use or disclose your personal information to anyone outside of Thuraya without your consent unless the identifying information relating to you can be removed.

Our contractors are required to maintain the confidentiality of information in their possession and are prohibited from using it for any other purpose than for delivering the contracted service to Thuraya in accordance with Thuraya’s instructions and policies.

We will not sell, lease or rent your GSM number information to third parties.

PART C – QUERIES, CONCERNS & FURTHER INFORMATION

How to Contact Us

For general privacy issues, please contact us at Customer.Care@thuraya.com.