Terms and Conditions of use for Surfline’s Prepaid Service
1. These terms and conditions are applicable to the Customer when the Customer makes use of Surfline’s Prepaid Service which is activated when the Customer’s prepaid SIM Card is connected to the Surfline Network through the Apparatus.
2. These terms and conditions contain provisions which appear in a similar text style to the terms below in order to draw the Customer’s attention to such terms because they:
- may limit the risk or liability of Surfline or a third party; and/or
- may create risk or liability for the Customer; and/or
- may compel the Customer to indemnify Surfline or a third party; and/or
- serve as an acknowledgement, by the Customer, of a fact.
The Service is a security solution where:
“Apparatus” means any mobile, transportable or portable cellular mobile terminal, handset, laptop, computer, modem, MIFi, Router or other apparatus which is approved by the Regulatory Authority and which is capable of connection by radio interface to the Network.
“Network" means the public mobile telecommunications system operated and made available by Surfline.
“Regulatory Authority” means the National Communication Authority (NCA).
“Services” means the cellular telecommunications service provided by means of the Network as well as such other additional related services, equipment and other Value Added Services.
“SIM Card” means the Subscriber Identity Module Card allocated to the Customer to enable the Customer gain access to the Network by using the SIM Card in the Apparatus.
“Starter Pack” means the pack that includes the user guide and SIM Card.
“Value-Added Services” means the non-core services, or in short, all services beyond Standard Data services.
4. Provision of the Services
4.1 In order for a Customer to purchase a new SIM number and activate the SIM Card found in the Customer’s Starter Pack, the Customer must first register the SIM Card in terms of the provisions of the National Communication Act.
4.2 Subject to these terms and conditions, Surfline shall activate the SIM card and maintain the availability of the Services to the Customer whilst the Customer’s. SIM Card is active on the Network.
5. Value-Added Services
The Customer acknowledges and agrees that should the Customer subscribe to any Value-Added Services, the provision of such Value-Added Services by Surfline will be subject to Surfline’s standard terms and conditions applicable to those services from time to time with which the Customer undertakes to familiarize self with.
6. Disclosure of Information
6.1 The Customer consents that Surfline may, to the extent permitted by law, receive or disclose the Customer’s personal information, documents, detailed call records, credit profile information and/or any other credit information from or to –
6.1.1 any credit providers, credit bureau or credit reporting agencies;
6.1.2 any law enforcement agencies that require the information for the prevention or investigation of criminal activities;
6.1.3 any of Surfline’s shareholders, related entities, suppliers, agents and professional advisors for marketing purposes, subject to the Customer’s right to restrict receipt of unwanted marketing material;
6.1.4 any of Surfline’s shareholders, related entities, suppliers, agents or professional advisors for reporting, accounting, product supply and service and/or auditing purposes;
6.2 Despite any part of these terms and conditions that may indicate otherwise, Surfline shall be entitled to utilize the Customer’s detailed data records for any lawful purpose including but not limited to tracing and/or collection purposes.
7. The Customer’s Acknowledgement
The Customer acknowledges and agrees that –
7.1 The service quality and coverage available to the Customer shall be limited to that provided by the Network in accordance with the requirements of NCA. The Services may, from time to time, be adversely affected by physical features such as buildings and underpasses, as well as atmospheric conditions and other causes of interference; and
7.2 To the extent permitted by law, Surfline shall not be liable for non-availability of the Services.
8. 1 The Customer shall indemnify and hold Surfline harmless against any expense, loss, claim, harm or damage brought against, suffered or sustained by the Customer or any third party, which arises directly or indirectly out of a breach of these terms and conditions by the Customer or by the Customer’s use of the Services and/or the Apparatus, other than in respect of losses caused by the gross negligence or intentional misconduct of Surfline or any of their respective employees, directors or agents.
8.2 Without affecting the generality of 8.1 above, Surfline shall not be liable to the Customer for any breach of these terms and condition or failure on Surfline’s part to perform any obligations as a result of technical problems relating to the Network, termination of any license to operate or use the Network, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond the control of Surfline.
9. The Customer’s Undertakings
The Customer shall –
9.1 comply with all instructions issued by Surfline which concern the Customer’s use of the services, the Apparatus or related matters;
9.2 not be entitled to commercially exploit the services in any manner whatsoever without Surfline’s prior written consent, including without limitation, the provision of telephony services to third parties;
9.3 provide Surfline with all such necessary information as Surfline may, in its sole discretion, reasonably and lawfully require;
9.4 only use an Apparatus which is approved for use in conjunction with the Network by Surfline;
9.5 engage with Surfline and their respective staff and agents in a courteous, cordial and respectful manner at all times.
10.1 Surfline may from time to time, by giving the Customer advance notice where reasonably practicable and dependent on the circumstances, suspend the Services or disconnect the Customer’s SIM Number from the Network for a period to be determined by Surfline, in any one of the following circumstances -
10.1.1 If the Service has not been used by the Customer for a period exceeding six (6) months;
10.1.2 During any technical failure, modification or maintenance of the Network;
10.1.3 If the Customer fails to comply with any of these terms and conditions;
10.1.4 If so directed by the Regulatory Authority; or
10.1.5 In any other instance specifically provided for in these terms and conditions.
10.2 The Customer may lose the SIM number and all corresponding benefits if the service has not been used by the Customer for a period exceeding eight (8) months.
Any dispute relating to Surfline’s Services may be referred to the NCA for their final resolution where Surfline fails to resolve it within a reasonable period per industry standards.
12. Lost or Stolen SIM Cards or Devices
12.1 The Customer shall be responsible for the safekeeping of a purchased SIM Card, Device or Apparatus.
12.2 The Customer shall notify Surfline immediately if the Customer realizes the purchased SIM Card/Device is lost or has been stolen.
12.3 The Customer shall within twenty-four (24) hours of realizing that the purchased SIM Card/Device has been lost or stolen, report incident to the Ghana Police Service.
13. Password and/or One Time PIN
If the Customer has a password or One Time PIN (OTP) sent to the purchased SIM Card, the Customer undertakes to keep it secure and undertakes that no other person shall use the Service utilizing the Customer’s password or OTP, and the Customer acknowledges further that the Customer is responsible for ensuring that no unauthorized access to the password or OTP is obtained. The Customer will be liable for all such activities conducted pursuant to such use, whether authorized or not.
14.1 These terms and conditions will be governed by and construed in accordance with the laws of Ghana, and the Customer shall submit to the jurisdiction of the Ghana Courts.
14.2 These terms and conditions are severable, in that, if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.
14.3 Surfline’s failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by Surfline in writing.
14.4 Any amended terms and conditions published in any media or on the Surfline website will form part of the terms and conditions of the Service, to which terms the Customer agrees to be bound.