The Small Print.
Applicable to customers who joined Three on or after 1st February 2013 Three has set up roaming agreements and how much it costs. with roaming partners around the world. Always pack your mobile and accessories The list of roaming destinations is growing including your adaptor. all the time – see three.ie for details. So you’ll be able to make voice calls, use Check that you have an adaptor that will voicemail and text messaging, and even work in the countries you plan to visit. It’s listen to your emails when you’re abroad, always useful to program your mobile to with more services to come. When include international dialling codes. Use you use your mobile abroad you’ll be ‘+’ before the country code, eg +353 for automatically connected to a local Three Ireland. Then remove the leading digit network or a partner network. from the area code (this is usually ‘0’). Numbers in the international format can The name of the network will appear on be used when you’re back in Ireland, so your mobile. you won’t have to change them back. If you are a mobile broadband customer, depending on your price plan, you can use your DataModem in countries where International charges there is a Three network. See three.ie Overseas charges will depend on where If you intend to travel within the EU, you you are travelling. See the Price Guide on may wish to avail of our free EU Roaming three.ie Add-on. Remember, when you’re abroad, the This Add-on will cap the rates you’ll be Three Customer Services number is charged for services while roaming within +353 83 3333 333. the EU and it’s available at the point of sale, alternatively call Three Customer Services. See three.ie for further important When you’re away EU roaming information. To pick up your mail, including voicemail, call +353 83 3333 171. You’ll need your PIN to access voicemail. If you have Before you go forgotten your PIN, call Three Customer Bill Pay customers need to call Three Services for help. You’ll need to set up customer services to set up your mobile your PIN before you travel. for international roaming before you leave Ireland. We’ll need to run a credit check. Prepay customers’ international roaming Receiving calls abroad capability is already activated – visit three. You’ll be charged for receiving calls while ie to see which countries you can roam in you are abroad. These charges vary depending on the country you are in. 2 Check three.ie for details. On Three Like Home you can receive calls for free on Prepay and Bill Pay – Limitations may apply visit three.ie/international for details.
Emergency calls To contact the local emergency services, use 112 (911 for USA and Canada). Be aware that emergency services operators on the other end of the line might not speak English.
When you return When you arrive back in Ireland, your mobile will automatically reconnect to the Three network. If you set any barrings or diverts before you went away, remember to change these back.
3 Care3 We’ve put together Care3 – a package to deal with all the important issues relating to your device, now and into the future. Please see three.ie for the latest version of the Terms and Conditions for Care3.
Your 14-Day Money Back Guarantee Three strongly advise you to return the – Bill Pay and Prepay customers. device and original boxed accessories via registered post and to obtain a Receipt for If you are eligible to avail of the14 day Payment as you will be liable to reimburse money back guarantee (“the policy”), you Three for the cost of the Device if Three may only terminate the agreement by do not receive the Device from you for any returning your device and original boxed reason within the 14 day period. accessories, along with your proof of purchase, within 14 days of receipt of You are advised to keep the Receipt your Device (“the 14 day period”). For Payment until your refund has been processed. You will be liable for any Eligibility usage made during the period prior to This policy only applies to customers successful termination of the contract who have experienced verifiable network under the 14-Day Money Back Guarantee. coverage issues as confirmed by Three. Dial 1913 free from your handset or any In circumstances where you are deemed landline and Three will advise you of how eligible to avail of this policy, you must to obtain a full refund. (Please note the return the device together with all policy doesn’t apply to existing Bill Pay accessories and any accompanying items customers who choose, where allowed by within the 14 day period, Incomplete or Three, to upgrade their mobile.) late returns will not qualify for refunds If you’re eligible to return your Device and you will be obliged to fulfil your under the policy and have used any Agreement with us if returns are late, Three Services during the 14 days, we’ll, incomplete or both. of course, have to charge you for them. The device, accessories, any Bill Pay customers might receive up accompanying items and the SIM pack to two bills after closing your account, must be returned in as new or as sold depending on what your billing date is. If condition. You will be liable for the cost of you are a Prepay customer any unused returning the device and original boxed credit or allowance remaining on your accessories. account will be forfeited. If your Device 4 has been damaged since you received it, of the Device manufacturer’s warranty this guarantee won’t cover you. (details of which can be found in your To get your full refund under the policy, Device box). If your Device isn’t covered you must return your mobile along under the manufacturer’s mobile warranty, with the original boxed accessories, you won’t be eligible for a free Device documentation and proof of purchase. repair. However, we can give you a quote Your refund for your device will be in the for the repairs before any work is carried same form as your original payment. out. Your Care3 warranty *Note: ‘Three working days’ applies to Devices received in our warehouse before – Bill Pay and Prepay customers 4.00pm Monday to Friday (excluding The manufacturer of your Device has bank holidays). Devices received after given you a warranty against defects in 4.00pm Monday to Friday (excluding bank materials and workmanship for a period holidays) or on a Saturday or Sunday of at least 12 months from the time you will be dispatched for repair on the next bought it. available working day. If you need any more information on The terms of 3Care are in addition to your Care3 warranty call Three Customer your statutory rights as a consumer. Services on 1913 free from any Irish 1. Who’s who mobile or landline. 1.1 Three-day repair When we say: – Bill Pay and Prepay customers
With our Three-day repair service we can help you get back to normal as quickly as (a) ‘we’, ‘us’, ‘our’ or ‘Three’, we mean possible. Call Three Customer Services Three Ireland (Hutchison) Limited, trading on 1913 free from any Irish mobile or as ‘Three’; landline. We’ll do our best to make sure (b) ‘you’ or ‘your’, we mean you, our that your Device is returned to you within customer (whether you are a Bill Pay three working days. Other customers Customer or a Prepay Customer) who is should call Three Customer Services on party to the agreement; 1913 free from any Irish mobile or landline for help. To qualify for a free of charge repair under the Device warranty provided (c) ‘agreement’, we mean your agreement by the manufacturer, you’ll need to show with us for the supply of Three Services. your proof of purchase (till receipt). Make 1.2 We have also set out at the end of this sure that your claim meets the conditions booklet (Glossary) some useful definitions of words we use within this Section. 5 2. About these Terms 2.1 These terms set out purchase terms (a) we retain title to the Device until you for your Device, as well as the terms on have paid us all instalments owing on the which we will provide you with our Care3 Device; and Services for your Device. 2.2 These terms do not cover: (b) if you fail to pay your instalments by the due dates, you will be breaking your (a) any products or Services you buy while agreement and we may require you to using your Device; or return the Device to us or we may take legal or other collection action against you for non payment. This could mean (b) the supply of our Three Services. The you have to pay our costs and expenses, Terms for Three Services cover this and including legal costs, with interest added are provided to you when you register on daily. and connect to the Three network and 3.4 We may provide you with a Device they are also available on our website. (including a Data modem or USB) which has been previously returned to us ‘as new’ and ‘as sold’. 3. Device Purchase Terms Purchases from other retailers Purchases from Three 3.5 If you purchase a Device from another retailer, you enter into an agreement with 3.1 If you purchase a Device from us that other retailer for the purchase of the (whether from the Three website, Three Device. In this case, we are not part of Customer Services or 3Stores), you your purchase agreement with the other enter into an agreement with us for the retailer. purchase of the Device. 3.6 If you arrange with the other retailer to 3.2 You will be responsible for a Device pay the purchase price for the Device in as soon as it is delivered to you. If you instalments over time: damage or lose the Device before you have paid for it in full, you will still be required to pay us the full price of the (a) the other retailer will advise you how Device. you must pay the instalments; and 3.3 If we decide to offer you the option to pay us the purchase price for the Device (b) if the other retailer advises you that the in instalments over time: instalments will be billed to your Three 6 account, we will collect your instalment your agreed Minimum Term, you will payments on behalf of the other retailer. have to pay the Handset Unlock Fee (this If you fail to pay your instalments by the is shown in the Price Guide for Three due dates, we may take legal or other Services). If you wish to unlock a Prepay collection action against you on behalf of Mobile, you will be required to have the other retailer for non payment. This topped-up your account by a minimum could mean you have to pay our costs amount (this is also shown in the Price and expenses, including legal costs, with Guide for Three Services). In addition you interest added daily. must pay an unlocking administration All purchases charge (which will be shown in the Price Guide for Three Services). 3.7 Devices which can be used to access Three Services are locked to our network. You must ensure that there are no outstanding amounts owing on your The software in the Device and all Three account. Prior to us arranging for intellectual property rights in that software your Mobile to be unlocked, you must are owned by the Device manufacturer ensure that you back-up or otherwise and you are being allowed to use the store separately any of your information software on a limited licence from the or other data on the Mobile which you Device manufacturer. During the term of may require, as this may be lost during your Agreement for the supply of Three the Mobile unlocking process. We are not Services, you must not permit your Device responsible for any information or other to be unlocked via any unauthorised data which may be lost during the Mobile manner (i.e. by anyone other than us unlocking process. or the Device manufacturer). You must 4. Warranty contact us if you want your Mobile to be unlocked from our network. Please note 4.1 The manufacturer of your Device has that Data Modems may not be unlocked provided you with a warranty against from our network. If you contact us to defects in materials and workmanship request that your Mobile be unlocked for a period of at least 12 months from our network, we will arrange for your from purchase. Further details of the Mobile to be unlocked in an authorised manufacturer’s warranty is in addition to manner (which may include replacing your your legal rights. Mobile with an unlocked Mobile, which is the same or similar specification to your 4.2 Three only acts as the manufacturer’s Mobile). if you are a Bill Pay customer agent for the purposes of processing and have had your Mobile for less than any warranty claims. Three is not the
7 manufacturer of the Device and the other related material and accompanied by manufacturer is the company referred proof of purchase. to in the manufacturer’s warranty 6.3 You are responsible for the cost of documentation. returning the Device boxed accessories, 4.3 You must notify Three Customer accompanying items and SIM pack to Services if you wish to make a warranty Three. In order to avail of this policy, the claim. Device must not be faulty due to damage caused to it whilst in your possession. If 5. Stored data you purchased the Device online, it must be returned by post. If you return your Device, you will be responsible for removing all content, messages, information and any other Three strongly advise you to return the data from the SIM and Device prior to its Device and boxed accessories to Three via return. registered post and to obtain a Receipt for Payment as you will be liable to reimburse 6. 14-Day Money Back Guarantee Three for the cost of the Device if Three do not receive the Device from you for any 6.1 If you are eligible to avail of the 14 reason within the 14 day period. day money back guarantee (“the policy”), you may only terminate the agreement by returning your Device and original 6.4 Prepay Customers boxed accessories, along with your proof Any unused credit or allowance remaining of purchase, within 14 days of receipt of on your account will not be refundable and your Device (“the 14 day period”). (Please will be forfeited. note, the 14-Day Money Back Guarantee does not apply to existing Customers who opt, where permitted by Three, to upgrade Bill Pay Customers their Device and or Price Plan.) We will not bill you for any fixed periodic charge, or any Connection Charges that 6.2 may apply. You will only have to pay charges for the use of Three Services until You must ensure that your Device and Disconnection, at the applicable rates set any Boxed Accessories, accompanying out in your Price Plan. You are advised to items and SIM pack are returned to Three cancel any third party services you may or to the store from which you purchased have signed up to. You are also advised your Device in their original purchase to contact your bank to cancel your direct condition, with the original packaging and debit. 8 A Cancellation Fee will not be charged if the Device is returned to Three within the 14 day period in accordance with the 14 Day Money Back Guarantee. If the Device is not returned to Three within the 14 day period in accordance with the 14 Day Money Back Guarantee, you will be charged a Cancellation Fee.
9 The Rules. Terms and conditions. This section contains the basic terms and conditions you’ve agreed to. We’ve tried to make it easy to read, because it matters. Please see three.ie for the latest version of the Terms for Three Services.
Terms for Three Services – key points may be affected at times. Here’s some more legal stuff for you to Certain services and the terms look through. Basically, if you would like and conditions of those services us to provide you with our Three Services, (including price) are fixed for the you must agree and comply with our duration of your agreement. Certain Terms for Three Services. The following other services are variable and these list sets out some key points which we services will be varied or withdrawn think will be important to you. However, and the terms and conditions of you really should read the full set of Terms those services (including price) will be for Three Services which we’ve provided amended by Three from time to time, in the rest of this section. These variable services include (i) Terms for Three Services – key points content services, (ii) roaming services for both Prepay and Bill Pay Customers (including 3 Like Home) (iii) directory enquiry services, (iv) international call services, and (v) premium rate Terms for Three Services only covers services, Please read Section 4 the terms on which you may use carefully our Services. They don’t cover your purchase of your Device. You must not use our Services for any illegal or improper purposes or in any manner which may result in loss to Additional terms can also be seen Three or any third party. Anyone under in the Price Guide as well as within 18 isn’t permitted to access our Age selected Additional Services on the Restricted Services. Device and on our website at three.ie
We’ve limited our liability to you as We’ll provide our Services within set out in Section 12 of the Terms for Three’s network area but it’s always Three Services. possible that the quality or coverage 10 You agree that we can process ‘Your reserve the right to request an interim Information’ which we collect or which payment if we reasonably consider you submit to us during any sales or that you are likely to exceed your registration process, for a number of credit limit. If you do not discharge purposes, including to open and manage the required interim payment or if an account for Three Services, to deliver your usage is reasonably considered products and services ordered by you, for excessive by Three, we may suspend credit checking (if a Bill Pay Customer) or disconnect your Three services and fraud prevention, and for risk analysis, product analysis and (subject to your preferences) direct marketing and If you don’t pay your account on time market research while you are and after or we reasonably believe that you you cease to be a Three customer as set haven’t complied with certain terms out in our ‘Privacy Notice’ in Section 13 of of your agreement, we may suspend the Terms for Three Services. Please read or disconnect our Three Services, Section 13 carefully. but you still must pay all outstanding charges (including a Cancellation Fee for disconnection). Terms for Three Services – key points for Bill Pay Customers Terms for Three Services – some key only. points for Prepay Customers only
If we reasonably believe that your If you wish to use the Three Services, account may be used for fraudulent you need to top-up your account by activity based on your usage pattern, purchasing and activating Prepay we may suspend or disconnect Vouchers. All Prepay Vouchers and your Three Services, but you will be Add-ons must be activated within a liable to pay all outstanding charges specified period after purchase. (including a Cancellation Fee for disconnection calculated as your monthly recurring charge for the Additionally, some Prepay Vouchers remainder of your Minimum Term). and Add-ons expire within a certain period after activation. Validity and expiry periods (If applicable) for each type of Prepay Voucher and Add- Your account is subject to a credit on can be found in our Price Guide limit (which may be obtained from and other customer documentation Three Customer Services). We 11 including Prepay terms and conditions (d) ‘Minimum Term’, we mean the agreed on three.ie. contract duration for the supply of Three Services as defined by the tariff plan (e.g. 30 days (SIM only), 6 months or 12 Prepay Vouchers (whether they are months an Active Prepay Voucher or not) and Add-ons on your account are not redeemable for cash. (Flexi-Fix contracts) and a minimum of 12 months up to 24 months for Bill Pay tariff plans. – see details of the Price Plan We may suspend or disconnect our selected by you for your Minimum Term) Services if we reasonably believe that you haven’t complied with 1.2 We also have set out in the glossary certain terms of your agreement. at the back of this section some useful We may also suspend our Services definitions of words we use in these or disconnect you if you have not Terms for Three Services. activated a Prepay Voucher on your 2. About your agreement account for a certain length of time. 2.1 Subject to Section 4.4, your Terms for Three Services agreement is made up of these Terms - General Terms (for both Bill Pay for Three Services, your Price Plan any and Prepay Customers) specific terms and conditions of your 1. Who’s who and what’s what Price Plan published on Three.ie, along with any other terms laid down in selected 1.1 When we say: Additional Three Services on the Device together with any policies regarding your (a) ‘we’, ‘us’ or ‘our’, we mean Three use of Three Services which we may Ireland (Hutchison) Limited, trading as notify you of from time to time. Additional ‘Three’; terms may apply to any promotional or special offers. 2.2 Your agreement is personal to you. (b) ‘you’ or ‘your’, we mean you, our You have to do what you’ve contracted to customer (whether you are a Bill Pay do, unless we write and say you can do Customer or Prepay Customer); something outside the agreement.
(c) ‘agreement’, we mean your agreement Unless we give you permission (acting with us for the supply of Three Services. reasonably), you can’t pass your rights or responsibilities to anyone else – even 12 if we give you more than one SIM or 10. you give your Device to others. It’s your (b) If you are a Bill Pay Customer and responsibility to make sure the SIMs are your Price Plan does not have a Minimum only used to access Three Services as Term, or your Minimum Term has expired, permitted in this agreement. we will supply you with Three Services 2.3 This agreement does not cover: until either of us chooses to end the agreement in any of the permitted ways set out in Section 10. (a) any products or services you buy while using Three Services; or Prepay Customers 3.3 If you are a Prepay Customer, your agreement starts when we Connect (b) the supply of your Device. The you to Three. The timeframe for initial manufacturers of Devices are not related connection is 2 hours from when you to us. Any terms relating to Devices will be activate your Device. (Note that in the given to you separately. special case where you do not Connect to Three within a month of receiving your 3. When your agreement begins Device, your agreement will automatically Bill Pay Customers start at the end of that month.) 3.1 If you are a Bill Pay Customer, your agreement starts when we Connect 3.4 Subject to you having an Active you to Three. The timeframe for initial Prepay Voucher on your account, we connection is 2 hours from when you will supply you with Three Services until activate your Device. (Note that in the either of us chooses to end the agreement special case where you do not Connect in any of the permitted ways set out in to Three within a month of registering Section 10. as a Three customer and receiving your 3.5 If you chose not to register your Device, your agreement will automatically Device in store, your first call from your start at the end of that month.) Device may be redirected to Three 3.2 (a) If you are a Bill Pay Customer and Customer Services so that we can your Price Plan has a Minimum Term, you activate your SIM (so your Device is agree to remain Connected to Three for working properly) and to give you the that Minimum Term. The Minimum Term opportunity to register your personal for the supply of Bill Pay Services can be details with us so that we can do more viewed in Three’s Price Guide. You have for you in the future and help you get the limited rights to end the agreement during most from your Device. the Minimum Term as set out in Section 13 4. Variations to your agreement or prices (iii) relates solely to Add-on(s) (if applicable Bill Pay Customers to you). In such circumstances you will 4.1 Subject to Section 4.4 below, we may not be able to end your agreement but vary any of the terms of your agreement, you will be able to cancel the Add-on(s) including our Price Plans, on the following by giving us 30 days’ written notice; and basis: (iv) is a Service designated as a variable (a) any updated Price Plans and new service in accordance with Section 4.4. terms will be available on our website and on request to Three Customer Services; (c) if you carry on using Three Services (b) if you are a Bill Pay Customer, we after the variation commences, you will be will let you know at least one month in deemed to have accepted the variation. advance if we decide to: 4.2 (i) discontinue your Price Plan; or If we offer a range of Price Plans, you may (ii) make any variations to your agreement; change from your Price Plan to one of a selected range of other Price Plans on or such terms as agreed with us. Prepay Customers (iii) increase the fixed periodic charges for your Price Plan (if applicable) by 4.3 We may vary any of the terms of your an amount which is more than the agreement, including our Price Plans, on percentage increase in the Retail Prices the following basis: Index Figure (or any future equivalent) in any twelve month period. You can end (a) any updated Price Plans and new the agreement for such variations as terms will be available on our website and explained in Section 10. Subject to the on request to Three Customer Services; above, you will not be able to end the agreement if such variation or increase: (b) we will let you know at least one month in advance if we make any variations (i) is due to changes to the law, to your agreement. You are free to stop government regulation or licence which using Three Services if we make such affect us; or variations; and
(ii) relates solely to Additional Services; or 14 (c) if you carry on using Three Services after the variation commences, you will be 5. What we will provide for you. deemed to have accepted the variation. A Three phone number and SIM 5.1 We will open an account for you and 4.4 Certain services are variable and provide you with a SIM and a Three phone these services will be varied or withdrawn number (and we may agree to provide you and the terms and conditions of those with additional SIMs and mobile numbers services (including price) will be amended on your request). by Three from time to time. These variable services include (i) content services, (ii) 5.2 We own each SIM and each SIM roaming services, (iii) directory enquiry remains our property at all times. You are services, (iv) international call services, being allowed to use the SIM by us on a and (v) premium rate services. If we limited licence to enable you to access agree to provide any new services to you Three Services, in accordance with the we may designate such new services as terms of this agreement. We may recall variable and subject to this Section 4.4. the SIM(s) at any time for upgrades, modifications, misuse or when your agreement ends. You are encouraged to check the most up You can only use our SIM to obtain to date prices and terms and conditions Services from us. associated with these services before using such services. Unless you have 5.3 Each SIM may only be used in used a specific variable service (by Devices which are enabled for Three accessing or calling a specific content Services and are authorised by us for or number) Three reserves the right to Connection to the Three network. Each amend any terms of the variable services SIM may only be used to avail of the without further notice to you. If you have specific Three Services subscribed to accessed specific variable services or for which the SIM was provided. Any within the previous 30 days we will let attempt to use the SIM in other devices you know at least one month in advance. may result in serious damage to the You will not be entitled to terminate your device and may prevent you from being agreement if we vary or withdraw any able to use it, including the making of variable service or amend the terms and emergency calls. In these instances, we conditions of these services as we have are not responsible for any such damage not agreed to provide them to you for the or usage problems duration of your agreement with Three. 5.4 Devices which can be used to access Three Services are locked to
15 our network. The software in the Device the Mobile which you may require, as this and all intellectual property rights in may be lost during the Mobile unlocking that software is owned by the Device process. We are not responsible for any manufacturer and you are being allowed information or any other data which to use the software on a limited licence may be lost during the Mobile unlocking from the Device manufacturer. During process. the term of your Agreement for the Three Services supply of Three Services, you must not permit your Mobile to be unlocked via 5.5 Once you are Connected to Three any unauthorised manner (ie by anyone (and, if you are a Prepay Customer, other than us or the manufacturer). You subject to you having an Active Prepay must contact us if you want your Mobile Voucher on your account), we will provide to be unlocked from our network. If you you with access to our Services. The contact us to request that your Mobile Three Services will include Premium be unlocked from our network, we will Services, provided you ask for them and arrange for your Mobile to be unlocked we approve, and may also include Age in an authorised manner (which may Restricted Services, provided you are 18 include replacing your Mobile with an or over and you do not show or send any unlocked Mobile which is the same or content from the Age Restricted Services similar specification to your Mobile), and to anyone under 18. You can find more you must pay an unlocking administration details of all Three Services in our List of charge (which will be shown in the Price Services. Guide for Three Services). In addition, if 5.6 You will also be able to upload and you have had your Mobile for less than send your own content using the Three your Minimum Term, you will also have to Services. You grant us a royalty free, pay the Handset Unlock Fee (this will also perpetual and worldwide licence to be shown in the Price Guide for Three store, transmit or otherwise deal with any Services). In addition, you must ensure content you upload on the Three Services. that there are no outstanding amounts If you choose to use the POP3 polling owing on your Three account. If you wish features in our Messaging Services, to unlock a Prepay Mobile, you will be you are appointing us as your agent for required to have topped-up your account enabling the POP3 polling Services to be by a minimum amount (this is also shown provided to you. in the Price Guide for Three Services). Prior to us arranging for your Mobile to be unlocked, you must ensure that you back-up or otherwise store separately any of your information or other data on 16 5.7 We may: Disruption to Three Services (a) change or withdraw some, or part, 5.9 There may be situations when Three of the Three Services from time to Services are not continuously available or time. This may be because of changing the quality is affected and so we cannot technologies, obsolescence, new or guarantee continuous fault-free service. different product features, changing For instance: content providers or the need to remove, replace or modify content. Subject (a) when we need to perform upgrading, to Section 4.1 (if you are a Bill Pay maintenance or other work on the Three Customer) and Section 4.3 (if you are network or Three Services; a Prepay Customer), you can end the (b) when you move outside Three’s video agreement, and service area whilst you are on a call (in this case calls may not be maintained); (b) also determine how Three Services are (c) when you are in areas not covered presented and delivered to the Device or by the Three network. In these cases are otherwise made available to you. We Three Services relies on other operators’ can change the way they are presented, networks where we have no control; and delivered or otherwise made available to (d) because of other factors outside you at any time. our control, such as the features or Limitation of Three Services functionality of your Device, regulatory requirements, lack of capacity, 5.8 We will always try to make Three interruptions to services from other Services available to you. However, Three suppliers, faults in other communication Services are only available within Three’s networks, the weather or radio coverage area (which comprises a video interference caused by hills, tunnels or service area and a voice & picture area other physical obstructions. within Ireland). 6. What you will do in return Secure your Device, PIN, Passwords and SIM Within this, there may be areas where you 6.1 As we own the SIM and it remains our do not have access to all Three Services property at all times, you must ensure that or where coverage is otherwise limited or you keep the SIM safe and secure whilst unavailable. For more information about it is in your possession and you must coverage, visit our website. ensure that you are able to return it to us, if required to do so by us at any time, as set out in these terms.
17 6.2 You must keep all PINs and (c) to copy, store, modify, publish or passwords secure and confidential. You distribute Three Services or their content are also responsible for the security (including ringtones), except where we of your Device and must ensure that give you permission; you keep it secure (refer to the Device manufacturer’s user guide for details of (d) to download, send or upload how to keep your Device secure). content of an excessive size, quantity or 6.3 You should immediately change your frequency. We will contact you if your use PIN or password if you become aware is excessive; that someone is accessing Three Services on your account without your permission. (e) in any way which breaches any security or other safeguards or in any Responsible use of Three Services other way which harms or interferes with 6.4 You may only use Three Services: the integrity of the Three network, the (a) as laid out in this agreement networks or systems of others or Three Services; (including the User Guide); and
(b) for your own personal use. This means you must not resell or commercially (f) to falsify or delete any author exploit any of the Three Services or attributions, legal or other proper notices content. or proprietary designation or labels of the origin or source of software or other 6.5 You must not use Three Services, the content contained in a file that you SIM or Three phone number or allow upload; and anyone else to use Three Services, the SIM or Three phone number for illegal or (g) to use or provide to others any improper uses. directory or details about Three For example: customers. (a) for fraudulent, criminal or other 6.6 You must always co-operate with us and follow our reasonable instructions to illegal activity; ensure the proper use and security of your (b) in any way which breaches another Three Services and account. person’s rights, including copyright or other intellectual property rights; You must only use Device and Accessories authorised by us for
18 Connection to the Three network and also amended policy) published by Three from comply with all relevant legislation relating time to time that applies to your use of the to their use. Three Services and agree that Three may implement these policies. These policies 6.7 We may publish policies including: will set out how these measures may impact on service quality.
(i) acceptable use and fair use policies Responsible use of Services (including (including a Data Modem Usage policy for Messaging and Storage Services) Data Modem customers) which provides more detail about the rules for use of 6.8 While using the Services, you must certain Three Services, and the actions not send or upload: that might be taken and any network management tools or measures which we (a) anything that is copyright protected, may take in order to ensure that use of unless you have permission; Three Services is not excessive, to combat fraud and to ensure that Three Services can be enjoyed by all of our customers; (b) unsolicited bulk or commercial communications or other unauthorised communications, or knowingly send (ii) policies relating to network any viruses and you undertake to take management tools or measures that Three all reasonable steps to ensure that your may undertake to measure and shape Device and any systems to which it may traffic so as to avoid filling or overfilling a be connected are protected by up to date network link or node or any IT system; and commercially available anti-virus software; or (iii) policies regarding steps that Three may take to prevent and in reaction to security (c) anything that is obscene, offensive, and integrity threats and vulnerabilities abusive, defamatory, menacing, (including threats or vulnerabilities to our harassing, threatening or is unlawful in Network, IT and other systems). any other way. 6.9 We may put limits on the use You will be able to view these policies on of certain Three Services, such as our website via the Help & Support section Messaging Services or Storage Services. or request a copy from Three Customer For example, we may limit the size of Services by calling 1913. You agree to messages or storage space. comply with any policy (including any 6.10 While we have no obligation to 19 monitor your use of the Services if you to comply with those laws or regulations. exceed the limits set out in our fair use Paying your Bills – Bill Pay Customers policies (which are published as part of our Price Guide and are available on our 6.13 If you are a Bill Pay Customer, you website or from Three Customer Services) must pay us all Charges for all Three or we are made aware of any issues with Services which are accessed using your use of these Three Services (for the SIM(s) we supply you or which are example, if we are made aware that you accessed using your Device(s), whether are using Three Services in any of the the Three Services are accessed by you ways prohibited in Section 6.8 above), we or by another person, with or without reserve the right to limit or restrict your your permission. If any of the SIMs or access to the Services including removing your Device(s) are lost or stolen (either or refusing to send or store content on separately or with any of your Devices), your behalf. you remain responsible for all the Charges to your account until you tell us what Responsible use of Age Restricted happened and arrange for your SIM(s) and Services Device to be deactivated. 6.11 If you are under 18, you are not 6.14 We will send you a bill on a periodic permitted to access our Age Restricted basis and this will usually be done Services (if any). If you are 18 or over and monthly. However, we reserve the right wish to access Age Restricted Services to change this period (and we would give you must satisfy our Age Verification you at least 14 days’ notice of this). Requirements. If you are 18 or over and you access the Age Restricted Services, 6.15 Your bill will normally include your you must not show or send content from fixed Charges for the next period and any the Age Restricted Services to anyone administration fees along with Charges for under 18. You must also ensure that you your use of the Three Services in Ireland have deactivated any access to Age in the last period and outside Ireland Restricted Services if you let anyone in prior periods. It may also include an under 18 use your Device. amount to repay the cost of your Three- compatible Device (depending on the Responsible use of Three Services payment scheme you have chosen). Your outside Ireland. initial bill may also contain a Connection 6.12 If you use Three Services from a Charge. VAT will be added to your bill country outside Ireland, your use of the where appropriate. Three Services may be subject to laws 6.16 You must make your payment by and regulations that apply in that other the due date and by one of the payment country. We are not liable for your failure methods stated on your bill. However, we may also submit an interim bill or require 20 an immediate payment if we think you have exceeded a reasonable limit on your This could mean you have to pay our account. costs and expenses, including legal costs, 6.17 As described in Section 6.14 above, with interest added daily. we will send you a bill on a periodic basis, 6.19 If you use your Device to buy goods which will usually be monthly. The bill and services from third parties, you are will state the amount of the Charges due responsible for paying any bill they may from you and the due date by which you send you. must make payment. If you fail to pay your account on time, you will be breaking 6.20 If you have been accepted as a Bill your agreement and we may Suspend or Pay Customer under the terms of our Disconnect you. Advance Payment Scheme, we will hold your advance payment until your bills have been paid in full and by the due In this case, you will have to pay any date for six consecutive months. After outstanding Charges and (where the period, you may request us in writing applicable) a Cancellation Fee. to refund your advance payment, which will be credited to your account unless you ask otherwise. If you fail to pay your We may set a credit limit on your bills in full by the due date, we reserve account until you have established a the right, in addition to our rights, to set good payment history with us or if you off your advance payment against unpaid fail to pay your account on time. We bills. may increase, decrease or remove your credit limit without notice. If you exceed Paying your Charges – Prepay the credit limit we set, we may suspend Customers any or all of the Three Services you use 6.21 If you are a Prepay Customer, you until you have made a payment to your are responsible for all Charges for Three account. You should not use the credit Services which are accessed using limit for budgeting as the amount you owe the SIM(s) we supply you or which are is not capped or limited by any credit limit accessed using your Devices), whether we set. You may contact Three Customer the Three Services are accessed by you Services at any time to find out your then or by another person, with or without current credit limit. your permission. If any of your SIMs 6.18 We may need to take legal or other or Device(s) are lost or stolen (either collection action against you for non- separately or with any of your Devices), payment of Charges. you remain responsible for all the Charges to your account and we have
21 no obligation to make a refund to you of unused credit or allowances remaining any credit or allowance on any Prepay at the end of the expiry period will be Voucher (whether it is an Active Prepay forfeited. If an expiry period applies it will Voucher or not) or any Add-ons which are be specified with the Prepay Voucher, used following the loss or theft. Add-on or in the Price Guide or other 6.22 Your credit or allowances contained relevant customer documentation. in any Prepay Voucher or Add-on (as 6.25 If you use your Device to buy goods applicable) will be reduced each time you and Services from third parties, you are use or incur Charges for Three Services. responsible for paying any bills they may send you. 6.26 We will place a charge on your If for any reason your account balance account if a bank fails to honour a debit drops below zero, you will not be able or credit card payment for your purchase to access Three Services and you will of a Prepay Voucher or Add-on or other need to purchase and activate a Prepay payment to your account. Your account Voucher or Add-on or otherwise make balance may drop below zero if we apply a payment to us to clear the negative this charge and you will need to purchase balance on your account. You may only and activate a Prepay Voucher to clear the use Prepay Vouchers and Add-ons to negative balance on your account. obtain credit or allowances for access 6.27 To protect you and us against fraud, to Three Services. Prepay Vouchers, we may place limits on the amount of Add-ons and any credit or allowance on credit that can be activated on your your account are not redeemable for cash account using Prepay Vouchers or when under any circumstances. using a credit or debit card. We may vary 6.23 Prepay Vouchers and Add-ons must those limits from time to time. be activated on your account during the validity period specified on the Prepay Voucher, with the Add-on or in the Price Guide or other relevant customer 7. Your Rights – Complaints documentation. 6.24 Top-ups to your account using a 7.1 If you are unhappy about any aspect Prepay Voucher or Add-on (including of our Three Services, you should contact any complimentary credit or allowances Three Customer Services (see the provided on Connection to the Three Glossary section for Three’s Customer Services) will expire within a specified Services contact details). period from the date of activation. Any 22 7.2 We will investigate any complaint in (b) we advise you that your excessive use accordance with our complaints handling of Three Services (as may be defined in policy, after which we will contact you accordance with Section 6.7 above) is with the results. Our complaints handling causing problems for other users, and policy is detailed in our Code of Practice you are continuing to use Three Services which is a pdf document accessible from excessively; our homepage three.ie. via the footer. If you are not satisfied with the response or solution and you wish to initiate a (c) we believe your Device or SIM has dispute with us or compensation claim, been lost or stolen; please refer to our Code of Practice which outlines the methods of initiating same. (d) we reasonably believe that you 7.3 See Section 13 for information about have used Three Services, the SIM(s) data protection and privacy complaints. or a Three phone number for illegal or 8. Our Rights – Intellectual Property improper purposes in contravention of our responsible use requirements in Section 8.1 All rights, including copyright in Three 6 above; Services and their content, belong to us, or our licensed source, such as a content provider. We reserve all our rights. (e) we receive a serious complaint against 8.2 The ‘Three’ trademark and other you which we believe to be genuine (for related images, logos and names on example, if we receive a complaint that Three Services are proprietary marks of you are using Three Services in any of the our group of companies. We reserve all ways prohibited in Sections 6.5, 6.8 and our rights. 6.11). If this happens, we will deal with the complaint in the manner set out in 9. Suspension of Three Services Section 7; 9.1 We may Suspend any or all of the Three Services you use without notice if: (f) we are required to suspend your Three Services by the emergency services or other government authorities; or (a) we reasonably believe you have provided us with false or misleading (g) we reasonably believe you have details about yourself as set out in Section permitted your Device to be unlocked via 13; any unauthorised manner and/or have not paid any relevant Charges due in
23 contravention of Section 5.4 above. 9.5 If we Suspend any or all of your 9.2 If you are a Bill Pay Customer, in Three Services, you will still be able to addition to the circumstances set out in make emergency calls (unless they have Section 9.1, we may also Suspend any or been Suspended at the request of the all of the Three Services you use without emergency services). notice if: 9.6 If your Three Services are Suspended, we may agree to re-Connect you if you ask us to do so and there may be a re- (a) you have not paid our Charges on Connection Charge for this. time, or have exceeded an acceptable level of credit; 10. Ending this agreement and Disconnection of Three Services
Bill Pay Customers (b) you have insufficient credit in your account to cover Charges you agreed to pay in advance. 10.1 You may end this agreement in the 9.3 If you are a Prepay Customer, in following ways: addition to the circumstances set out in Section 9.1, we may also Suspend (a) If you are eligible to avail of the 14 any or all of the Three Services you use without notice if your account balance Day Money Back Guarantee. drops below zero and you have failed to purchase and activate a Prepay Voucher (b) During the Minimum Term. After the or Add-on or otherwise make payment to 14-Day Money Back Guarantee period us to clear such negative balance. has passed, you can end the agreement 9.4 We may turn off your Messaging during your Minimum Term (if you have Services if they are inactive for an one – this will be stated in your Price extended period of time – we will let you Plan) by giving written notice to Three know before this happens. If we do turn Customer Services at least 30 days before off your Messaging Services, we will the date you want to end the agreement. have no obligation to maintain any of However, you must pay us all the Charges the content in your Messaging Services, you owe, plus any Cancellation Fee for or to forward any unopened or unsent your Price Plan (as set out in the Price messages to you, Guide). or anyone else. (c) On 30 days’ notice, outside the
24 Minimum Term. (b) Because of your conduct. In the following cases, we may end your agreement immediately and you have to You can end the agreement if your Price pay all the Charges you owe up until we Plan does not contain a Minimum Term, Disconnect you: or if you want to end the agreement at the end of your Minimum Term or any time after your Minimum Term has expired, (i) if we have the right to Suspend your provided you give written notice to Three Three Services on any of the grounds in Customer Services at least 30 days before Section 9 and we believe that the grounds the date you want to end the agreement. are serious and have not been, or are (A Cancellation Fee will not be charged.) unlikely to be, rectified;
(d) Subject to Section 4.4, you can end (ii) if we believe that your communications the agreement without penalty if we notify with Three Customer Services or any you at least one month in advance of a of our retailers or agents, or your use of variation to your agreement. You must our Three Services, are jeopardising the give written notice to Three Customer operation of the network, or are of an Services. Continued usage of services unacceptable nature; at any stage after such variation shall be taken as acceptance of same. (iii) if we reasonably believe you will not 10.2 be able to pay your bill. This could result We may end this agreement in the from a failure to pass one of our credit following ways: assessments; or
(a) On 30 days’ notice, outside the (iv) in the event of your bankruptcy, Minimum Term. insolvency or death.
If your Price Plan does not have a (c) No network access or Three Services. Minimum Term, or the Minimum Term has We may end your agreement if we no expired, we can end this agreement by longer have access to other operators’ giving at least 30 days’ notice of ending networks which we need to provide Three the agreement. Services, or if we are no longer able to provide Three Services due to factors beyond our control or because we cease
25 business. or otherwise make payment to us to 10.3 Once you are Connected to Three, clear the negative balance as detailed in you can only end this agreement in the Section 9.3; ways set out in Section 10. (c) Because of your conduct. We may However, if you are a consumer, any also Disconnect you immediately without statutory rights which you may have, notice: which cannot be excluded or limited, will not be affected by this Section. For (i) if we have the right to Suspend your more information on your statutory rights, Three Services on any of the other contact the National Consumer Agency. grounds as permitted in Section 9 and we Prepay Customers believe that the grounds are serious and 10.4 Subject to Section 4.4, you can have not, or are unlikely to be, rectified; or end the agreement within one month of us telling you about a variation to your (ii) if we believe that your communications agreement by stopping your use of Three with Three Customer Services or any Services. of our retailers or agents, of your use of 10.5 We may Disconnect you and end this our Three Services, are jeopardising the agreement in the following ways: operation of the network, or are of an unacceptable nature; or a) On 30 days’ notice. If you are a Prepay Customer, we can end this agreement by (iii) in the event of your death. giving you at least 30 days’ notice. Your agreement will finish at the expiry of the 30 day notice period or a later date which (d) No network access or Three Services. we specify; We may Disconnect you if we no longer have access to other operators’ networks which we need to provide Three Services, (b) For non-use or non-payment of Three or if we are no longer able to provide Services. If you are a Prepay Customer, Three Services due to factors beyond our we may Disconnect you if you have not control or because we cease business. topped up your account with a Prepay 11. Effect of this agreement ending Voucher or if your account balance drops below zero and you have failed to Bill Pay Customers purchase and activate a Prepay Voucher
26 11.1 If this agreement ends, we will close 12.2 Except as set out in 12.3: your account and Disconnect you and (a) all other terms, conditions and you will not be able to use Three Services warranties relating to Three Services are or make emergency calls. excluded; 11.2 You must immediately pay all Charges you owe up to the date the agreement ends. If we end the agreement (b) our entire liability to you for something due to your conduct or if you end your we do or don’t do will be limited to Ä3,000 agreement within the Minimum Term, the for one claim or a series of related claims; Charges will include a Cancellation Fee. Prepay Customers (c) we are not liable for any direct or 11.3 If this agreement ends, we will close indirect loss of income, business, your account and Disconnect you. On anticipated savings, goodwill or profits, Disconnection you will not be able to use or for any loss or corruption of data in the Three Services or make emergency connection with the use of Three Services; calls. 11.4 You must immediately pay all (d) We are not liable for any indirect or Charges you owe (if any) up to the date consequential loss incurred by you; and the agreement ends. If we Disconnect you for non-use of the Three Services or your conduct (under Sections 10.5 (b)-(c)), (e) We are not liable for any loss or then any unused credits or allowances on damage that was not reasonably Prepay Vouchers or Add-ons remaining foreseeable when you entered into the on your account on Disconnection will be agreement. forfeited. 12.3 Nothing in this agreement removes 12. Liability or limits our liability for fraud, for death or personal injury caused by our negligence Limits on our liability or for any liability which can’t be limited 12.1 All of our obligations to you relating or excluded by applicable law. If you are to Three Services are set out in your a consumer, the terms of this agreement agreement. If you wish to make any will not affect any of your statutory variations to this agreement or rely on rights which you have, which cannot be any other term, you must obtain our excluded by this agreement. For more agreement to the variation or term in information on your statutory rights, writing. contact the National Consumer Agency.
27 Three Services – Areas where we PINs or passwords, with, or without, your have no responsibility knowledge; or 12.4 We will try to ensure the accuracy, quality and timely delivery of Three (b) if we cannot carry out our duties, Services. However: or provide Three Services, because of something beyond our control; or (a) we accept no responsibility for any use of, or reliance on, Three Services or (c) for your failure to comply with your their content, or for any disruptions to, or agreement. any failures or delays in, Three Services. This includes, without limitation, any alert Others’ content and Services – Areas Services or virus detection Services; and where we have no responsibility. 12.6 You may be able to use Three Services: (b) subject to Section 12.3 we do not make any representations as to the accuracy, comprehensiveness, (a) to upload, email or transmit content completeness, quality, currency, error-free using Three Services; and nature, compatibility, security or fitness for purpose of Three Services or their content. They are provided to you on an (b) to access content which is branded ‘as is’ basis; and or provided by others and to acquire goods and Services from others. Where we provide you with such access, all we do is transmit the content to you and we (c) we are not providing you with advice do not prepare or exercise control over of any kind (including without limitation the content, goods or Services. We are investment or medical advice). Where not responsible or liable in any way for, Three Services contain investment and do not endorse, any of this content, information, we do not make invitations goods or Services. or offer inducements to enter into any 12.7 This Section 12 will apply even after investment agreements. this agreement has ended. 12.5 We will not be liable: 13. Privacy Notice and Your Information (a) for any loss you may incur as a result 13.1 We will only use your personal of someone using your Device, Simcard, information in accordance with this notice 28 and applicable Irish data protection and Three services. It may include your name, privacy legislation. Please read all of this current and previous address(es), date of notice and feel free to contact us at the birth, telephone and fax numbers, gender, address below with any questions. email address, employment and lifestyle 13.2 Whenever you provide us with information, bank and credit or debit card personal information about yourself information, and information obtained you agree that it will be true, complete from credit reference and fraud prevention and accurate. You must tell us if this information changes. 13.3 If you provide contact details of someone other than you (including email, telephone number or address) you must tell us. Until you tell us we will be entitled to assume that these contact details relate to you and you will hold us harmless from any claim made by you or any third party relating to us relying on you having authority to process this data as if it related solely to you (including for marketing and enforcing the agreement). 13.4 If we reasonably believe that you have supplied us with false or inaccurate information, or if we suspect fraud, we may delay your Connection, reject your application request or suspend your access to Three Services until an investigation has been completed to our satisfaction. 13.5 ‘Your Information’
(a) By ‘Your Information’ we mean information that you give us or that we obtain about you as a result of any application or registration for, and use of
29 agencies, marketing organisations and details of our search and your application those who provide services to us. whether you are accepted or not.
(b) While you are a customer of Three, We will use a combination of credit we will also acquire and process scoring and/or automated decision information about your use of Three making systems when assessing your Services, including Location Data, your application. This information may be used Communications Data, your mobile for debt tracing. telephone number, the unique code identifying your Device and SIM, and your account information including contact (ii) If a Bill Pay customer, we will also history notes. disclose details of your agreement with us, the payments you make under it, account balances and information about (c) Some of the information we collect any default, dispute, and debts to credit about you may be classified as ‘sensitive’ reference agencies. We will also disclose (such as visual or hearing impairments) details of any change of address reported and we will ask your permission if we wish to us or of which we become aware. to use or share this information. 13.6 Use of Your Information Credit searches and the information supplied by us and held by credit We may process Your Information for a reference agencies is used by us and number of purposes including: other organisations to help make decisions about other credit applications by you or other members of your (a) Credit Referencing, Identity Checks household with whom you are linked and Fraud Prevention. financially to trace debtors, recover debts, to prevent and detect fraud and to manage your account. (i) If a Bill Pay account customer, we will make searches about you at credit reference agencies who will supply (iii) Where we deem it appropriate, we us with credit information, as well as may also check and share your details information from the Electoral Register, to with fraud prevention agencies who will help us to decide whether to accept your application or future applications, and to verify your identity. The agency will record 30 record details of any false or inaccurate information to other communications information provided by you or where service providers and network operators we suspect fraud (whether a Bill Pay for the detection and prevention of theft or Prepay Customer). Records held by and fraud. fraud prevention agencies will also be used by other organisations to help them prevent fraud against you and other You can ask us at any time for details of organisations who make decisions on the credit reference and fraud prevention motor, household, credit, life and other agencies to whom we disclose and obtain insurance proposals and insurance claims information about you. for you and members of your household and to help prevent money laundering (b) Account and Service Management where applicable. Those fraud prevention agencies may disclose information to law enforcement agencies where requested (i) to process applications, registrations and necessary for the investigation of or orders made by you, to create and crime. administer accounts, to calculate and charge for Three Services, to produce any necessary invoices or billing statements, and to provide customer services including the management of any (iv) We may also use and share your complaints or queries; details for the collection of any debts owed on your account. This may include (ii) to supply any products, services or the use of debt collection agencies information requested by you and/or to collect debts on our behalf or may which we may provide; include the assignment of debts to a third party company. The assignment of debts will involve the sale of your account (iii) for traffic and billing management; information to a third party company – this information may include your name, address and contact data, year of birth, (iv) to update your Device remotely debts owed, payment history and other ‘over the air’ with software updates and information necessary to help recover the to investigate and resolve any Service debt. related queries made by you;
(v) We may also pass and share (v) to process data revealing the 31 geographic location of your Device in personal interest to you, or which you order to provide location-based services may be entitled to. We may keep you up requested by you and which may be to date (including by automated means) provided by Three or by third parties on directly to your Mobile, by post, email, behalf of Three, or where you request telephone, by electronic messaging such location based services directly from as mobile text and picture message, and third parties. Your location data may be voicemail subject to any preferences transmitted when calling the emergency indicated by you. You hereby explicitly services in Ireland; consent to such contact while you are availing of Three Services and for a period of 12 months after you cease to avail of Three Services. (vi) we may monitor and record calls and messages from you and Three Customer Services for training and quality purposes; If you do not wish to receive details of Please be aware that when you call Three such promotions, you should contact Customer Services, your phone number Customer Services. You can contact us at will automatically be presented to Three any time to ask us not to use your location Customer Services so that we are able or ‘communications data’ for marketing to provide you with integrated customer purposes or if you would prefer not to services and for security purposes; receive direct marketing information, or simply to update your preferences by writing to or calling Customer Services, by (c) Marketing and keeping you informed sending an email to preferences.ie@3mail. com or by updating your marketing preferences directly from your Mobile (i) to carry out analysis of your information, using My3; in order to develop our relationship with you, to develop and personalise Three Services and to present and deliver these (iii) we may tell you about the products to your Device. and special promotions of carefully selected partners (subject to your preferences) and allow you to receive (ii) to keep you informed about Three’s advertising and marketing information services, developments, pricing tariffs, from them but without passing control special offers, and any discounts or of your information to the third party awards which we believe may be of concerned. You can update your preferences at any time as described
32 above; and for the purposes of pursuing our (iv) to carry out market research. You legitimate interests, including people who hereby explicitly consent to contact are interested in buying our business. for research purposes for a period of These may include people and companies 12 months after you cease to avail of outside the European Economic Area (the Three Services. If you do not wish to be ‘EEA’) which consists of the European contacted for research purposes, you Union Member States together with should contact Customer Services; Iceland, Liechtenstein and Norway;
(d) to carry out activities necessary to the (h) we may also use data processors – running of our business, including system some of whom may be based outside the testing, network monitoring, staff training, EEA – to process data on our behalf and quality control and any legal proceedings; who provide specific services to us and our group of companies. Certain services may be provided by group companies (e) to carry out any activities or in India. If we do this, we will ensure that disclosures to comply with any regulatory, your information is processed to the same government or legal requirement; standards adopted by us;
(f) where you have given us permission (i) we may retain your information for as we will include your name, address and long as is necessary for the purposes telephone number in our directory enquiry detailed in this notice and until charges list and the National Directory Database for services cannot be lawfully challenged (NDD) currently hosted by Eircom (as and legal proceedings may no longer be nominated by the Commission for pursued. Generally, we will keep your Communications Regulation (ComReg)). communications data for up to one year. We will automatically list you as preferring not to receive direct telemarketing from third parties. You may wish to contact us Your account information will be kept if you would like to amend this preference; after your relationship with Three ends to comply with legal and regulatory obligations; and (g) we may share your information with other members of our group of companies, and with our, or their, (j) we may retain your communication data partners, associates, agents and to comply with State requirements. contractors who provide services to us, 33 13.7 If you use Three Services from Data Protection and Privacy Officer, a country outside Ireland it may be Three Ireland (Hutchison) Limited, necessary to transfer your information to that country. If that country is outside of 8/29 Sir John Rogerson’s Quay, the EEA, the treatment of your personal Dublin 2 information may be subject to laws and Alternatively, email: [email protected]. regulations applying in that country and which may not protect your information to We may ask you to provide proof of your the same standards applying in Ireland. identity and residence and may charge Ä6.35 to cover our administrative costs 13.8 When you make a call, the calling line identity (CLI) of your Mobile (your of supplying any data. mobile number) will be displayed on the 13.11 If you have any questions about Mobile of the person you call. this notice or the way in which your information is processed, please contact the Data Protection and Privacy Officer, If you do not wish your CLI to be by writing or sending an email to the displayed and/or transmitted you should above addresses. consult your user guide or contact Customer Services. Your CLI cannot be 13.12 If we change this notice we will post blocked when calling the emergency the amended version on our website so services, or when sending a text, picture, you always know how we will collect, use or video message. and disclose your information. See three. ie 13.9 You must keep any passwords and PIN numbers relating to your Three account and Three Services safe and 14. Notices secure. You must not share them with 14.1 Our website is a great source of anyone else. information that you may find useful when using our services – it is the most up to date source of information about Three If you find or suspect that anyone else and its services. You may find it useful to knows your passwords or PIN numbers, refer to when using our services. or can guess them, you must contact us immediately and ask us to change them. 14.2 If we need to send any notices This is your responsibility. under this agreement to you, we will do this by communicating them to you 13.10 You have the right to obtain a copy via advertisement in national press and of personal data which we may hold on www.three.ie/customernotification, about you. Please write to the SMS or via post, using your most recent 34 contact details given to us (if any). 15.7 Our registered number is 316982 (Ireland) and our registered office is at: 15. Other terms Three Ireland (Hutchison) Limited, 15.1 This agreement is governed by Irish law. Each of us agrees to only bring legal 28/29 Sir John Rogerson’s Quay, actions about this agreement in an Irish Dublin 2 court. 15.2 If you, or we, delay, or do not take action to enforce our respective rights under this agreement, this does not stop you, or us, from taking action later. 15.3 If any of the terms in this agreement are not valid or legally enforceable, the other terms will not be affected. We may replace any item that is not legally effective with a similar term that is. 15.4 We may assign rights under your agreement to any third party. We may assign, novate or transfer our rights and obligations under your agreement to a third party who agrees to continue complying with our obligations under this agreement. 15.5 In exceptional circumstances, a government authority may order the reallocation or change of phone numbers, in which case we may have to change your Three phone number for Three Services. 15.6 You confirm that you have full contractual capacity to agree to the agreement and are able to pay the Charges.
35 Glossary for Terms of Three Services and Care3 Three Customer Services: our service team who are available to help you with your queries. They can be contacted by calling 1913 free from any Irish mobile or landline or by email to [email protected], or by post to Three Customer Services, Three Ireland (Hutchison) Limited, PO Box 333, Dublin 2, Ireland
14 Day Money Back Guarantee: Prepay Customers means: a voucher Three’s 14 day guarantee described in or any other payment mechanism or Care3. receipt used to purchase specific Three Accessory/Accessories: any battery, Services and which may require an active battery charger, stylus, Device case, Prepay Voucher on your account for use portable handsfree, SIM or consumable (as detailed in the Price Guide and other item (items which are regularly replaced) customer documentation). or any other item authorised by us that Advanced Payment Scheme: the may facilitate the use of your Device. scheme operated by Three where Active Prepay Voucher: a Prepay applicants for Three’s Bill Pay service Voucher for which the specified validity who do not satisfy Three’s normal credit period or credit/allowance has not terms, may be offered the Bill Pay Service, expired. subject to making an advance payment. Details and terms of the Advance Additional Services: additional or Payment Scheme are available in-store an supplemental services for which a charge on three.ie is made in addition to the fixed periodic charges for your price plan or Add-on(s) (if Age Restricted Services: any Three applicable). Services which are specified in the List of Services for use only by customers 18 Add-on: or over. (i) for Bill Pay Customers means: an Age Verification Requirements: the additional credit which may be purchased requirements you must satisfy in order to for specific supplemental services (as access Age Restricted Services as may detailed in the Price Guide and other be published by us from time to time customer documentation) and, (ii) for on or website three.ie or available upon 36 request from Three Customer Services. Device and SIM. Bill Pay Customers: a customer who Connection: for Bill Pay Customers receives periodic bills for their use of means: the procedure by which we give Three Services. you access to Three Services. ‘Connect’, Boxed Accessories: all Accessories ‘Connecting’, and ‘re-Connection’ have corresponding meanings. that you receive as part of the original packaging of your Device. For Prepay Customers means: the procedure by which we give you Cancellation Fee: means, for Bill Pay access to Three Services following our Customers, a fee charged if we end the acceptance of your application to activate agreement due to your conduct or if you individual Prepay Vouchers. ‘Connected’, end your agreement within the Minimum ‘Connecting’, and ‘re-Connection’ have Term. This fee will be set out in your corresponding meanings. Price Guide and may cover (without limitation) your fixed periodic Charges Damage: any accidental, sudden and for the Minimum Term, our administrative unforeseen damage to the Device caused costs, costs incurred by us in Connecting by external means which affects the and Disconnecting the Three Services operational functioning of the Device. and our payments to operators, network DataModem or USB: a data card or data providers, stores or agents. modem which is authorised by us for Charges: charges for access to, and use Connection to the Three network. of, Three Services laid out in the Price Disconnection: the procedure by which Plan. These charges may cover (without we stop your access to Three Services. limitation) fixed periodic charges, usage ‘Disconnected’ and ‘Disconnecting’ have charges, account administration fees, corresponding meanings. fees for Connection and re-Connection Device: the Device (including a and any costs incurred in collecting DataModem) or mobile device that is outstanding payments from you. If you authorised by us for Connection to the are a Bill Pay Customer and choose not Three network, which is used to access to pay by direct debit, you will incur an Three Services, excluding all Accessories. administration charge as laid out in the Price Guide on three.ie Device Box: the package delivered to you containing the Device, SIM, Terms for Communications Data: information Three Services, the terms for Care3 and about the routing of services, calls and anything else required to be delivered to messages you make and receive, the you with your Device. date, time, duration and cost of these, and information about the identity of your List of Services: our descriptions of 37 current Three Services. These may be pays for their access to and use of Three amended from time to time, and can be Services in advance via a Prepay Voucher. viewed on our website or requested from Prepay Voucher: a voucher or any other Three Customer Services. payment mechanism or receipt used to Location Data: data indicating the top-up your account to gain access to geographical location of your Device Three Services. when using Three Services or when your Premium Services: any Three Services Device is switched on. in the List of Services which are charged Minimum Term: the minimum fixed term at premium rates. You can only a for the supply of Bill Pay Services as laid ccess these Three Services – such as out in your Price Plan. international calling and international Messaging Services: any email, fax and roaming – with our approval. voicemail Services, SMS and multimedia Price Guide: the document that sets out messaging Services, personal information the Price Plans, our current Charges and management and other message or related details (including, if you are a Bill communication facilities which let you Pay Customer, any Minimum Term and communicate with others and which are payment commitments). The Price Guide specified in the List of Services. is a pdf document and is accessible from Minimum Term: the minimum fixed term the footer of every page on our website for the supply of Three Services, (which three.ie shall typically be for a period no shorter Price Plan: our current price plans set than 12 months, (with the exception of out in the Price Guide as well as any ‘FlexiFix’ plans that are for a minimum other price plans we may introduce in period of 6 months) but may be longer) as the future. There may be more than one laid out in your Price Plan. price plan offered to you and if so, you Mobile: the mobile device that is will be required to select one before you authorised by us for Connection to the are Connected to Three. The price plans Three network which is used to access may be amended or withdrawn from time Three Services, excluding all Accessories. to time, and can be viewed at three.ie or requested from Three Customer Services. Handset Unlock Fee: for Bill Pay If you are a Prepay Customer, prices may customers – the sum equivalent to the vary depending on the value of the Prepay total of all the monthly charges still Voucher or Add-on purchased. remaining during the Minimum Term of your agreement. SIM: a card which contains your Three mobile number and enables you to Prepay Customer: a customer who access Three Services.
38 Storage Services: any Three Services in the List of Services which offer you storage capacity on the Three network for storage of content which you access from Three Services. Suspension: the procedure by which we temporarily Disconnect your access to the Three Services. ‘Suspend’ has a corresponding meaning. Three Services (or Services): the services offered by Three, including Messaging Services, Mobile Broadband, Storage Services, Age Restricted Services and Premium Services, which we have agreed to provide for you. User Guide: our guide which provides an outline of how to use Three Services. The guide may be amended from time to time, and can be viewed at three.ie or requested from Three Customer Services. Theremay be more than one User Guide to suit use of Three Services on different Devices.
39 Three Customer Services, Three Ireland (Hutchison) Limited, PO Box 333, Dublin 2, Ireland. c 2011 Hutchison 3G Ireland Limited. A Hutchison Whampoa company. The contents of this publication are believed to be correct at the time of going to press, but any information, products or services mentioned may be modified, supplemented or withdrawn.