CAMPAIGN AGREEMENT “FREE FOR ALL” TERMS AND CONDITIONS
1. Agreement
1.1. These are the terms and conditions on which Paradise Mobile Ltd. (hereafter “Paradise”) shall supply Services to the Customer and shall constitute legal and binding obligations on the parties from the Effective Date.
1.2. This Agreement and any other related documents shall be sent to the Customer email address listed on the Order Form after it has been signed by the parties. The Customer shall be responsible for any technical or other resources required to access and print any documents sent by Paradise. The Customer must notify Paradise within forty eight (48) hours of signing this Agreement if they have not received an email containing the Agreement and any other related documents. If the Customer does not notify Paradise within forty eight (48) hours of signature, the Customer shall be deemed to have received all relevant documents. Paradise waives all liability in respect of documents otherwise not received that are not reported in accordance with this Clause 1.2. Paradise makes no guarantee that email is a reliable or secure method of communication or transferring documents.
2. Company Information
2.1. Paradise is a limited company registered in Bermuda with the Registration No. 55369 whose registered office is Sofia House 3rd Floor, 48 Church Street, Hamilton, HM 12 Bermuda.
2.2. The Customer may contact Paradise by writing to the customer service team at support@paradisemobile.bm, at the address in Clause 2.1 above, by visiting www.paradisemobile.bm/get-in-touch or by telephoning +1 (441) 900 0000.
2.3. Paradise may be contacted during the business hours 8:00 AM - 5:00 PM Monday to Friday; and 9:00 AM to 3:00 PM weekends.
3. Definitions
The following definitions shall apply in this Agreement:
Force Majeure Event: means any circumstance not within a party’s reasonable control including, without limitation, acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; Nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary license or consent; collapse of buildings, fire, explosion or accident; any labor or trade dispute, strikes, industrial action or lockouts; non-performance by suppliers or subcontractors; and interruption or failure of utility service;
Intellectual Property Rights: means patents, rights to inventions, copyright and related rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all; applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
Misconduct: means any conduct by the Customer of any other user of the Customer’s Services including, without limitation, conduct that violates this Agreement or Paradise’s Acceptable Use Policy; abusive, threatening or unreasonable conduct towards Paradise employees or representatives; abusive, fraudulent or unlawful use of the Services; providing false or misleading information about the Customer and any other users of the Services, including inaccurate information related to creditworthiness; use of the Services that infringes existing intellectual property rights, violates others’ privacy, generates spam or abusive messaging or calling, or results in the publication of threatening, offensive or illegal materials; unauthorized reselling of Services; trespass on Paradise networks or any equipment owned by Paradise; or use of a Paradise SIM card for commercial gain;
Services: means the mobile phone and network services described as part of the Simply Unlimited Plan;
Simply Unlimited Plan: means unlimited local calling to and from local Bermuda phone numbers; unlimited SMS to and from other Paradise Mobile numbers; unlimited international SMS; voicemail; call forwarding, call waiting, group calling, call display; and unlimited mobile data;
Website: means Paradise’s official website which can be accessed by visiting https://paradisemobile.bm.
4. The Campaign
4.1. From 1 December 2023 to 7th December 2023, Paradise shall release a limited number of invitations to the public which shall grant the Customer access to the Paradise Simply Unlimited Plan for up to one (1) year without charge (“the Yearly Unlimited Plan”).
4.2. From 8 December 2023 to 31 March 2024, Paradise shall release a limited number of invitations to the public which shall grant the Customer access to the Paradise Simply Unlimited Plan - free 5G mobile service until 30 June 2024 - without charge (“the Six Month Unlimited Plan”).
4.3. The Yearly Unlimited Plan and the Six Month Unlimited Plan shall herein be referred to collectively as the “Campaign”.
4.4. Invitation codes shall be released on the Paradise Website. All promotional and marketing material shall direct prospective Customers of the Campaign to the Website.
4.5. Access to the Campaign may not be exchanged for cash
5. Term
5.1. The Campaign shall commence on the date activated by the customer (the “Effective Date”) and shall continue, until:
5.1.1. 30 November 2024 for users of the Yearly Unlimited Plan; or
5.1.2. 31 May 2024 for users of the Six Month Unlimited Plan.
5.2. The Campaign shall terminate on the dates specified in Clause 5.1 above (collectively, the “Termination Dates”).
5.3. For the avoidance of doubt, the Termination Date shall be the same for all Customers. The Effective Dates shall not alter the Termination Date.
6. Right to Cancel
6.1. The Customer has the right to cancel this Agreement within fourteen (14) days without giving reason (the “Cancellation Period”).
6.2. The Cancellation Period shall expire fourteen (14) calendar days after the Activation Date.
6.3. To exercise the right to cancel, the Customer must notify Paradise of the intention to cancel the Agreement by writing before the end of the Cancellation Period.
6.4. Upon notice, Paradise shall terminate access to the Campaign with immediate effect. For the avoidance of doubt, access to the Campaign is free of charge and therefore Customers shall not be entitled to any refund whatsoever.
7. Access and Use of Services
7.1. Access and use of Paradise Services is subject to the Customer’s review and acceptance of the terms and conditions of Paradise’s following policies:
7.1.1. Acceptable Use Policy; 7.1.2. Fair Use Policy; and 7.1.3. Responsible Use Policy.
7.2. The Customer shall be entitled to use the Services for its own domestic residential usage only and shall not make the Services available in any way whatsoever to or for the benefit of any unauthorized person or third party.
7.3. Calls not covered by the Services include, without limitation, calls to nine hundred (900) numbers, directory assistance, operator services, toll-free calling services, and commercial facsimile, among others.
7.4. Services not provided as part of the Campaign include long distance calling and data roaming.
7.5. If the Customer’s device is not supplied by Paradise it may be locked to another network and the Customer may need support from their previous network provider and/or device manufacturer to unlock it. Unless the Customer uses the Services with iPhone 13 or newer and iPhone SE devices manufactured in the year 2023 or later Paradise makes no guarantee that the Services are or shall be compatible (partly or in full) with the Customer’s device.
8. Billing
8.1. Services provided under this Campaign are free of charge until the Termination Date.
8.2. Customers will not be billed during the Campaign but shall be required to submit valid billing information before the Termination Date. Billing information shall be collected for use after the Termination Date for Customers who wish to continue using Paradise Services. Customers who wish to continue using Paradise Services after the Termination Date must sign up to a paid mobile plan and shall be billed in accordance with said plan.
8.3. Customers who fail to submit valid billing information before 11:59 PM Atlantic Standard Time on 29 February 2024 may face early termination of Services under the Campaign.
9. Notices
9.1. Any notice, or other communication, given to a party under or in connection with this agreement shall be in writing and delivered by hand or sent by pre-paid first-class post, or sent by overnight courier service to the Customer at the address listed in the Order Form or, in the case of Paradise at the address in Clause 2.1 above.
9.2. Any notice, or communication shall be deemed to have been received in the case of:
9.2.1. delivery by hand, on the date of delivery; 9.2.2. delivery by pre-paid first-class post or other next Business Day delivery services, at 9:00 AM Atlantic Daylight Time (GMT-3) on the second Business Day after posting; and 9.2.3. delivery by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume
9.3. This clause shall not apply to the service of any proceedings or any documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
10. Limitation of Liability
10.1. Unless otherwise stated, Paradise shall have no liability other than the duty to exercise the reasonable skill and care of a competent mobile telecommunications service provider and retailer. Paradise shall not be held liable for losses that cannot be attributable to any breach of this Agreement; losses which were unforeseeable at the time of the Effective Date; or any loss of Customer data, profits, business, costs, expenses, or any other form of financial loss.
10.2. Nothing in this Agreement excludes or restricts the liability of either party for: 10.2.1 death or personal injury resulting from negligence; or 10.2.2. fraud or fraudulent misrepresentation.
11. Termination
11.1. The Customer may cancel or terminate Services by giving written notice to Paradise.
11.2. Upon receipt of notice, Paradise shall terminate the Customer’s access to Services under the Campaign with immediate effect. For the avoidance of doubt, access to the Campaign is free of charge and therefore Customers shall not be entitled to any refund whatsoever. 10.2.1 death or personal injury resulting from negligence; or 10.2.2. fraud or fraudulent misrepresentation.
11.3. Paradise reserves the right to terminate Services at any time with immediate effect by writing to the Customer if the Customer:
11.3.1. does not, before the deadline, provide Paradise with verifiable billing information in accordance with Clause 8 above; 11.3.2. does not, within a reasonable time, provide Paradise with information necessary for Paradise to provide the Services; 11.3.3. is the subject of a bankruptcy order, becomes insolvent, or makes any arrangement with or for the benefit of creditors; 11.3.4. breaches Paradise’s Acceptable Use Policy or Fair Usage Policy; or 11.3.5. misuses the Services in accordance with the meaning of Misconduct as defined in Clause 3.
12. Data Protection
Personal information provided by the Customer to Paradise shall be dealt with in accordance with Paradise’s Privacy Policy and the Personal Information Protection Act (PIPA) 2016, which explains what personal information is collected, how and why it is collected, stored, used and shared by Paradise, the Customer’s rights in relation to their personal information and how to contact Paradise to make a complaint about the use of personal information.
13. Intellectual Property
Paradise and its licensors shall retain ownership of all Intellectual Property Rights arising out of or in connection with the Services.
14. Severability
If any provision or part-provision of this Agreement shall be held to be invalid, illegal or unenforceable in any jurisdiction, for any reason, then to the full extent permitted by law (a) all other provisions hereof shall remain in full force and effect in such jurisdiction or any other jurisdiction and shall be construed in order to carry out the intent of the parties as nearly as may be possible; (b) such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of any other provision hereof; and (c) any court or arbitrator having jurisdiction shall have the power to reform such provision to the extent necessary for such provision to be enforceable under applicable law.
15. Variation
15.1. Paradise may amend this Agreement at any time, where required by applicable laws or regulations, by publishing the amendment online at (https://paradisemobile.bm/service-terms) or by giving written notice to the Customer.
15.2. No other variation of this Agreement shall be effective unless it is in writing and signed by the parties.
16. Waiver
16.1. A waiver of any right or remedy under this Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
16.2. No failure or delay by Paradise in exercising, protecting or enforcing any of its rights, titles, interests or remedies provided under this Agreement or by law shall constitute a waiver thereof, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
16.3. No single or partial exercise of any right or remedy provided under this Agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.
17. Waiver
17.1. The Customer shall not assign or transfer any of its rights or obligations under this Agreement, without the prior written consent of Paradise.
17.2. Paradise may at any time, assign or transfer its rights under this Agreement and may subcontract or delegate in any manner any or all of its obligations under this Agreement to any third party.
18. Force Majeure
18.1. Provided it has complied with this Clause 18, if a party is prevented, hindered or delayed in or from performing any of its obligations under this Agreement by a Force Majeure Event (the “Affected Party”), the Affected Party shall not be in breach of this Agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
18.2. The Affected Party shall:
18.2.1. As soon as reasonably practicable after the start of the Force Majeure Event, but no later than three (3) calendar days from its start, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the Agreement; and
18.2.2. Use all reasonable endeavors to mitigate the effect of the Force Majeure Event on the performance of its obligations.
19. Third Party Rights
19.1. This Agreement does not give rise to the rights of any third parties. No one other than a party to this Agreement shall have any right to enforce any of its terms.
20. Governing Law
20.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of the islands of Bermuda.
21. Jurisdiction and Venue
21.1. Each party irrevocably agrees that any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter shall be subject to exclusive jurisdiction and venue in the courts of Bermuda.
22. Signature
22.1. By selecting the “I accept” button on the campaign website the Customer hereby agrees:
i) to have read and understood Paradise’s Critical Information Summary, Agreement page, Terms and Conditions and Pre-Authorized Debit Authorization (together the “Agreement(s)”); ii) to be bound by all terms and conditions contained in this Agreement hereto; and iii) responsibility for all charges incurred by the Customer and/or any other person using the Customer’s Services or device following termination of the Campaign, in accordance with the terms of this Agreement.
