SIM AGREEMENT

AGREEMENT COVERING THE BUILT-IN SIM CARD, ALLOWING USERS TO UTILISE THE CONNECTIVITY SERVICES OF THE MOOCHIES PHONE WATCH

1. Kids Tech Company Limited, trading as “Moochies” supplies a Moochies Phone Watch (“the Device”) which requires a SIM card to operate to the User.

2. Moochies has agreed to supply the User with a SIM card that is built-in the Device, which will allow the Device to access the relevant Network for the supply of data and voice calls only, with an included data limit of either 500MB or 1GB per month subject to the terms and conditions set out in this Agreement.

3. The User will pay to Moochies a monthly fee (“the Charges”), depending on the plan chosen by them, for the use of the SIM card. The same shall be payable on each Payment Date, as specified in the invoice sent by Moochies to the User on a monthly basis.

4. Where the User exceeds their monthly data limit, the User’s plan shall be charged for an additional data limit, depending on their plan. Any such fees for additional data limit shall form part of the Charges payable by the User. For example, if a User has chosen a 1GB SIM plan and exceeds this amount of data, the User will be charged for an additional 1GB of data, in accordance with the terms of the said plan.

5. Each plan lasts for 28 days, unless the allowance thereunder is used up earlier. In such case, the additional charge imposed under Point 4 above will restart the said 28-day period.

6. The commencement date of this Agreement is the date of purchase of the Moochies Phone Watch by the User.

7. The term of this Agreement (“the Term”) shall continue until terminated pursuant to the terms and conditions of this Agreement.

8. The parties agree that the SIM card is supplied to the User and the User accepts the SIM card on the terms and conditions of the Agreement. The User hereby also undertakes not to attempt to remove the SIM card from the Moochies Phone Watch or to take any action aimed at tampering with the data recorded on the SIM card.
TERMS AND CONDITIONS SUPPLEMENTING THE SIM AGREEMENT

1. INTERPRETATION

1.1. The terms defined in clause 1.2 have the same meaning throughout this Agreement. References to the singular include the plural and vice versa.
1.2. In this agreement, unless the context indicates otherwise:
1.2.1. “Agreement” means this Agreement, including the Terms and Conditions supplementing it;
1.2.2. “Bar” means the suspension of the use of the SIM card by the User to access the Services by Moochies or the relevant Telecommunications Supplier;
1.2.3. “Business Days” means any day other than a Saturday or Sunday when trading banks are open for business in the relevant jurisdiction;
1.2.4. “Network” means the Transatel network in the UK; the Telstra network in Australia; the Zipit network in the United States; or the TIM network in Brazil.
1.2.5. “Services” means the telecommunication services that the relevant Telecommunications Supplier provides from time to time via the Network which may be accessed using the SIM card for the supply of data and voice calling only;
1.2.6. “SIM card” means the subscriber identity module issued by Moochies and through which the Device is connected to the Network for the supply of data and voice calling only;
1.2.7. “Telecommunications Information” means information about an identifiable individual which is subscriber information, traffic information or the content of a telecommunication;
1.2.8. “Term” has the meaning set out in Clause 7 at the front of this Agreement;
1.2.9. “Telecommunications Supplier” means either Transatel, Telstra, Zipit or TIM.
1.2.10. “User” means the person who purchased the Moochies Phone Watch, on which the Services will be Used.

2. TERM

This agreement shall run for the Term.

3. MOOCHIES’S RESPONSIBILITIES

3.1. Moochies agrees to supply to the User for use in the Device, a SIM card issued by the Telecommunications Supplier through which the Device can be connected to the Network and access the Services.
3.2. Moochies will not be responsible for factors which adversely affect the Services or the Network such as interference, adverse weather, geographic factors, congestion and maintenance and outages. This means the User may not always be able to receive or use the Services and the Network.

4. THE USER’S RESPONSIBILITIES

4.1. The User agrees:
(a) to follow Moochies’s reasonable instructions about the use of the SIM card and the Services;
(b) not to use the SIM card for text communications;
(c) not to use the Services or allow the Services to be used, to spam or abuse others, to cause a nuisance to others or for any offensive, malicious, unlawful or fraudulent purpose;
(d) not to use the Services in any way which would interfere with or damage the Network or any other telecommunication provider’s network, or any other User’s enjoyment of the Services;
(e) to advise Moochies as soon as possible if the SIM card is stolen, lost or damaged. The User will pay for any charges incurred up to the time Moochies is advised of the loss or theft;
(f) to pay Moochies’s Charges on the Payment Date; and
(g) advise Moochies if the User changes its address or contact details.

5. CHARGES

5.1. The Charges for the supply of the SIM card depend on the SIM plan chosen by the User. Moochies reserves the right to vary the charges.
5.2. If the User does not pay Moochies the Charges on the due date for payment, the User will be liable for any costs incurred by Moochies in collecting the money the User owes and the User shall pay penalty interest at a rate of 2% per month from the date payment is due until payment is made.

6. SIM CARDS

Any SIM card Moochies supplies to the User remains the property of Moochies and must (if Moochies requests) be returned to Moochies where reasonably practicable on the termination of this Agreement.

7. LIABILITY – EXCLUSION AND LIMITATION
7.1. To the maximum extent permitted by law, all conditions or warranties of any nature whatever in respect of the goods and services supplied by Moochies pursuant to this Agreement are expressly excluded under this Agreement.
7.2. In no circumstances will Moochies, its employees, contractors and agents be liable to the User for any loss of profit, revenue, anticipated savings or goodwill or for any indirect or consequential loss, regardless of whether such losses were contemplated.
7.3. In any event that Moochies becomes liable to the User for loss or damage of any nature whatsoever (whether in contract, tort or otherwise) Moochies’s maximum liability for any claim made or loss suffered by the User for any reason whatsoever is limited to a sum equivalent to two years of total Charges payable pursuant to this Agreement.

8. INFORMATION AND CONFIDENTIALITY

8.1. The User consents to the Telecommunication Supplier’s collection and use of their Telecommunications Information for purposes connected with the Telecommunication Supplier’s business operations in accordance with its privacy policy of the relevant Telecommunication Supplier. The key provisions are summarised below.
8.2. The Telecommunication Supplier may use and hold this Telecommunications Information for purposes connected with its business operations. The Telecommunication Supplier may share this Telecommunications Information with any Telecommunication Supplier Group Company, the Telecommunication Supplier’s employees, agents, subcontractors and other network operators. The information will only be shared to the extent necessary to enable the Telecommunication Supplier to perform its business obligations and improve its operations.
8.3. Users may view any Telecommunications Information the Telecommunication Supplier holds about them. The Telecommunication Supplier will correct any errors in the information if the User demonstrates it to be incorrect.
8.4. The Telecommunication Supplier may monitor and record calls made to the User or by the Telecommunication Supplier to the User.
8.5. This Agreement and any information that has been provided under this Agreement by the User or by Moochies that is not publicly available, is confidential. That information will not be disclosed by Moochies or the User, except:
(a) as required by law;
(b) as is necessary to satisfy the requirements of any regulatory agency;
(c) where the other party otherwise agrees in writing;
(d) as is necessary or provided for under this Agreement;
(e) to your or our professional advisors and consultants.
8.6. The User acknowledges that neither The Telecommunication Supplier nor Moochies are able to exercise control over, and make no representations or warranties concerning, the security or content of data or information passing over the Network, any systems operated by third parties and the internet.

9. SUSPENSION, RESTRICTION AND DISCONNECTION OF SERVICES
9.1. Moochies may suspend, Bar or restrict a User’s use of any or all of the Services if a User breaches (or Moochies has reasonable grounds to suspect that a User has breached) any of its obligations under this Agreement. All applicable charges will continue to be payable by the User during the Term.
9.2. If Moochies chooses to disconnect the SIM card, Moochies will give a User four (4) business days notice. If Moochies suspends, Bars or restricts a User’s use of the Services, Moochies reserves the right to do so immediately. Moochies will advise the User if this is carried out.

10. TERMINATION
10.1. If Moochies’s agreement with the Telecommunication Supplier for the supply of the SIM cards is terminated, Moochies may need to terminate this Agreement immediately. If this happens, Moochies will give the User written notice.
10.2. Moochies or the User may terminate this Agreement by giving 28 days written notice.
10.3. A User may, upon informing Moochies of their desire to do so, have a payment holiday (i.e. not pay the Charges) for a period of six (6) months. It must be noted that for any period during which the customer is not paying the Charges, the Services will remain Barred. Unless the User starts paying the Charges to the company after this period, the SIM card will be permanently disconnected and the customer’s access to the Services will be suspended. Should a custoemr wish to reconnect the Services, Moochies may install a new SIM card, with a new number, in the Device against a one-time fee.
10.4. If either party is in breach of this Agreement, the other may give written notice to remedy the breach. If the breach is not remedied within 10 Business Days of the notice, then the party not in breach may give written notice immediately terminating this agreement.
10.5. If either party ceases trading or becomes insolvent or there are reasonable grounds to suspect that this will occur, the other party may give written notice immediately terminating this Agreement.
10.6. Terminating this Agreement does not affect any rights or responsibilities which are intended to continue or to come into existence following termination of the Agreement and liability for the Charges will continue to the date of termination.

11. ROAMING
The SIM card shall not be used for roaming and shall only be used in respective country, where the Telecommunication Supplier is providing the Services.