The agreement between you (“Subscriber” or “you”) and Ozone Wireless Inc. (“Ozone”, “Ozone Wireless”, “we” or “our”) includes the following documents, as they may apply to you:
• a summary setting out critical information about what you are signing up for (“Important Subscriber Information”);
• an agreement page so you can signify your agreement to our terms (“Our Agreement Page”); and
• the actual terms and conditions of service spelling out your, and our, obligations (including the schedules attached) (“Terms and Conditions of Service” and “Schedules”)
(together the “Ozone Wireless Services Agreement” or the “Agreement”).
You should review the entire Agreement. All of the parts are important and together create a legal contract regarding the Ozone Mobile Services (defined below) and the Device (defined below) that applies to you once you have accepted it. We rely upon your promise that you have reached the legal age of majority in Barbados and are authorized to enter into this Agreement and that all of the information provided above by you is factual. To help you understand your rights and obligations under this Agreement, these Terms and Conditions of Service are written in a question and answer format. At the end of these Terms and Conditions of Service you will find our contact information should you have any questions.
1. What is covered by this Agreement? This Agreement is for “Ozone Mobile Services” or “Services” (as they will be called in this Agreement), whether prepaid (“Prepaid”) or postpaid (“Postpaid”) which include any wireless telecommunications services provided by or through Ozone Wireless, including voice (exclusively for the purpose of making and receiving person-to-person voice calls and/or accessing voicemail), text, data (including content) or other services, and account administration (for example, account changes and Subscriber support). This Agreement also applies to any wireless device (“Device”) to be used with the Services. Only Ozone Wireless issued subscriber identity module cards (“SIM Cards”), which are required to connect your Device to our networks (the “Networks” and each, a “Network”), can be activated for use with the Services.
2. How do I accept this Agreement? You (a) sign the signature page of this Agreement; (b) click “I Agree” or perform any other form of electronic acceptance; (c) verbally agree to enter into this Agreement; or (d) activate or use the Ozone Mobile Services.
YOUR INFORMATION AND MARKETING COMMUNICATION PREFERENCES
3. How does Ozone Wireless protect my personal information? Your privacy is important to Ozone Wireless. Ozone’s commitment to privacy protection is found in Schedule B at the end of these Terms and Conditions of Service for your convenient reference. Ozone Wireless protects your personal information in a manner consistent with our Privacy Policies available at ozonewireless.com/privacypolicy and applicable laws. By entering into this Agreement, you agree that Ozone Wireless may share your information with our regulators, affiliates, agents, representatives, authorized distributors and resellers, credit agencies and other similar third parties and their respective affiliates.
4. Does Ozone Wireless collect, use or disclose my credit information? If you are a Postpaid Subscriber, then by accepting this Agreement you consent to our collection of your credit and payment information from another company, credit grantors and reporting agencies over time. You also consent to our use and disclosure of this information to these parties to assist with assessing your creditworthiness, and our disclosure of this information to collection agencies to assist with the collection of monies owed, all from time to time. Prepaid Services are available without a credit check.
5. How can I be sure that Ozone Wireless has accurate contact information for my account? Remember you are responsible for keeping the contact information you provide to Ozone Wireless for yourself and any authorized users (including name, mailing address, email address, telephone number and other information) up to date. Visit the Ozone retail store or an authorized distributor, log into your account at ozonewireless.com or call the Ozone Customer Care at 696-6322 to confirm that the information we have on file is correct.
6. How does Ozone Wireless market products and services to you? At Ozone Wireless, we use a number of communications to keep our subscribers informed of new product releases and other useful information. We may send you commercial electronic messages (e-mails, messages via the Ozone App and/or SMS messages) or call you to tell you about Ozone Wireless’ and our third-party marketing partners’ products and services. You can choose not to receive marketing communications by doing the following: a) in the case of e-mails and messages received via the Ozone App by opting out directly in the body of the email and in the Ozone App; and b) in the case of SMS marketing messages by contacting Ozone’s Customer Care Centre at 696-6322. You will continue to receive service-related messages even if you choose not to receive marketing communications.
AVAILABILITY OF YOUR SERVICES AND EMERGENCY NUMBERS
7. Are Emergency Numbers available? Yes. You can reach the Police at “2-1-1”, Fire Department at “3-1-1” and the Ambulance Service at “5-1-1”).
8. What speed can I expect from the Services? As fast as our technology and ability allow. Ozone Wireless doesn’t guarantee the Services will achieve peak speeds. Ozone Wireless may deliver your Services from different Networks (including mobile networks and WiFi networks) in order to facilitate optimal Network performance. If you violate Ozone’s Responsible Use of Ozone Mobile Services Policy (“Responsible Use Policy”) in Schedule A, then Ozone Wireless may reduce your speed for Network management purposes. If you’d like, you can review the Responsible Use Policy for greater detail.
MANAGING YOUR ACCOUNT
9. What is the length of my commitment? As part of our commitment to providing you with as much freedom as possible, if you have brought your own Device (“BYOD”) or if you purchased your Device outright from Ozone, we do not require subscribers to sign up for a minimum commitment period (“Commitment Period”). If this is your case, then although we’d be sad to see you leave, both as a Prepaid or Postpaid subscriber, you are free to go at any time. If, however, you have not BYOD nor purchased your Device outright from Ozone but instead have committed to remaining a Postpaid subscriber for a minimum length of time, your commitment will be expressly identified as the “Commitment Period” in the section entitled “Your Plan Info” of the document entitled “Important Subscriber Information”. As a Postpaid subscriber, once the Commitment Period has expired (or if no such Commitment Period ever existed), this Agreement will continue to apply and Ozone Wireless will continue to provide you with Services on an ongoing Month-to-Month Term, unless you cancel your Agreement as provided in Section 43 or the Plan (as detailed above in the section entitled “Your Plan Info”) you subscribe to is no longer available. Whether you are a Prepaid or Postpaid subscriber you are responsible for all Charges incurred up to the termination date of this Agreement.
10. What is the difference between a Plan, an Add-on and Pay-Per-Use Services? Ozone Wireless provides you with a variety of subscription options when ordering Ozone Mobile Services. You can subscribe to a pre-defined bundle of Services (your “Plan”), add features (not within the bundle) that interest you (an “Add-on”), and have the additional option of using and paying for certain Services as-needed (“Pay-Per-Use”). The amount you must pay for any use of the Services (your “Charges”) will vary depending on the combination of Services you select. Any usage over and above that which is included in your Plan or Add-on is additional usage (“Additional Usage”) and will be charged in accordance with Section 11. Remember that you are responsible for choosing the combination of Services that is most appropriate to your needs however our Customer Care Centre is available to assist you if you need any help.
11. What happens if I exceed the usage limits of my Plan or Add-on? You will pay extra for that. Additional Usage will be charged to you at Out-of-Plan rates published at ozonewireless.com/plans, unless your Plan or your selected Add-ons specify a different rate (which may change over time in accordance with Section 41).
12. Will I have to pay anything in addition to the Charges described above? There may indeed be cases where additional fees (“Fee(s)”) may apply. An Early Exit Fee (as defined in Section 44) is, for the purposes of this Agreement, considered to form part of the “Fees”. However, Ozone Wireless will give customers adequate notice of all fees and charges which will be added or amended over time. Fees are usually charged separately from your Plan and may change from time to time in accordance with Section 41.
13. How does Ozone Wireless help me to manage my account and Charges? You can review your account and your voice, text and data usage online at ozonewireless.com, or by downloading The Ozone app to your Device at ozonewireless.com/apps. You can update account information, add Add-ons to your account, view your Plan details, and monitor and manage your monthly activity to ensure your usage remains within your Plan or Add-on limits through your self-serve profile. You will also be sent periodic email and text message notifications advising of usage to date and the remaining allowances. For further assistance, you may also call the Ozone Customer Care Centre (696-6322) or visit the Ozone retail store or an authorized distributor.
14. How does Ozone Wireless calculate my usage Charges? It depends on the Service being used.
a) Voice: Local and long-distance calls are rounded up to the nearest second, unless otherwise stated. Time begins when you initiate a call (for example, by pressing “Send”) or, for calls you receive, from the moment the call request connects to the Network (which may be before the Device rings) until the time the activity is disconnected (for example, by pressing “End”). If you call a phone number outside of Barbados or if you receive a phone call when you are outside of Barbados you may be charged for roaming and/or long-distance Services. Airtime and long-distance Charges also apply to call-forwarding. For an explanation of international calling destinations you can visit ozonewireless.com/plans and for local coverage areas, ozonewireless.com/coverage.
b) Text: Ozone Wireless will charge you for outgoing text messages. Long text messages may be broken up into smaller segments, in which case you will be charged per segment. There may be circumstances where your Device is inactive and text messages are received by the Networks but cannot be immediately delivered to your Device. Interactive text messages (also known as premium short code messages) are billed outside of normal text message Charges and additional Fees apply. Premium short code messages can be stopped by replying to a message with the word STOP or by contacting the provider of the premium service.
c) Data: Data usage is rounded up to the nearest kilobyte, unless otherwise stated. Applicable data Charges apply from the moment a data transmission starts and are measured by the data sent and received by the Networks in connection with such transmission, whether or not the data request is successfully completed. This means that usage details that you see on your account may be greater than the data actually received by your Device in connection with the Services. Certain Plans or Add-ons that include data may apply to on-Device transmissions only – so if you use your Device as a modem or tether, then you may be charged Out-of-Plan Charges for data Services. Ozone Wireless will send you periodic notifications (or other subscribers on your account) at or before you (or they) reach Additional Usage Charges for data of $200 per subscriber on your account, per billing cycle. You will also receive notice if your access to data Services is restricted or suspended due to a credit limit or past due amounts.
15. Can I change my Plan? You can change your plan in the Ozone retail store, online at www.ozonewireless.com, or on the Ozone App, or by contacting the Ozone Customer Care at 696-6322. However, if you have agreed to a Commitment Period and you wish to downgrade your plan prior to the expiry of the Commitment Period, Ozone may restrict any downgrade to your plan, or require that you pay an Early Exit Fee (as described in Section 44).
16. Do I own the mobile number that Ozone Wireless assigns me? No. You do not own or acquire any right in any assigned mobile number or identifier for Ozone Wireless Services (e.g. IP address, email address, web space URL, host name, Internet fax). Ozone Wireless may, at any time and without liability, change or withdraw any number or identifier assigned to you. Your mobile number may be automatically transmitted to the person you call, other carriers or to us. You can block this display either permanently or temporarily by contacting the Ozone Customer Care Centre at 696-6322.
17. Who is responsible for protecting my account and Device? You are responsible for the protection of your account(s) and password(s) and for all use of your account, the Ozone Mobile Services and your Device by yourself and any other users (authorized or not). You are responsible to back up and safeguard your data, including your text, email and voicemail messages. Ozone Wireless may also require that you take proactive measures to protect your Device (such as, for example, updating software).
18. How does Ozone Wireless help to ensure responsible use of Ozone Mobile Services? Ozone Wireless works hard to ensure the continuous, efficient operation of the Ozone Mobile Services and enforces the rules contained in the Responsible Use Policy. Ozone Wireless requires your compliance with the Responsible Use Policy and all applicable laws when using the Ozone Mobile Services, including your safe use of Device and specifically, your use of hands-free capabilities during situations when you might be distracted (such as driving, biking or walking with your Device). Not all Services work with all Devices — it is your responsibility to ensure that your chosen Device is able to fulfil your requirements, including that it is compatible with connecting technologies if you need hands-free or similar capabilities. Ozone Wireless may, but is not required to, monitor (electronically or otherwise) or investigate your use of Ozone Wireless Services and Networks, including Device location, Network consumption, use of programming or your content. Ozone Wireless may disclose any information necessary to satisfy any law, regulation, governmental or other lawful request from any applicable jurisdiction or as necessary to operate and optimize Ozone Mobile Services and to protect itself or others and ensure Services are not being used contrary to the Responsible Use Policy.
19. Am I responsible for content that I provide in connection with Ozone Mobile Services? Yes. It is your responsibility to ensure that you have the rights to any content you post, upload, store, transmit or communicate to others using the Ozone Mobile Services, including data, documents, videos, music, photos, etc. Ozone Wireless is not liable for the unauthorized use or distribution of this content (including third-party content).
20. Can Ozone Wireless use my content? Only as required to provide the Ozone Mobile Services. In providing the Services, Ozone Wireless may need to use, copy, adapt, transmit, display, publish and perform, distribute and create compilations and derivative works from your content. By agreeing to receive the Services, you agree to waive your moral rights and you authorize Ozone Wireless to perform these activities in relation to your content anywhere in the world. You acknowledge that Ozone Wireless may store your content so you can access it, but that if you fail to access such content within a certain period of time (as determined by Ozone Wireless), or if the applicable Service is modified or terminated, Ozone Wireless may delete it without notice to you.
21. What happens to my content if I replace my Device? If you plan to stop using your Device, it is your responsibility to delete any personal information and content it contains. To do so, you must reset the Device to factory settings. Call the Ozone Customer Care Centre at 696-6322 to find out how. If you replace your Device, Ozone Wireless may not be able to transfer your content. You are solely responsible to ensure that you content is backed up on a regular basis in a secure location. Hence if your content is important to you must ensure that your content is backed up in a secure location.
22. How does Ozone Wireless install required updates on my Device? When you accept this Agreement, you agree to Ozone Wireless installing, modifying or removing Ozone Wireless software on your Device (which may include applications, features and settings on your Device and/or SIM Card) wirelessly, as necessary, without additional notice, and you agree that these updates may be required in order to continue receiving the Services.
23. Can I unlock my Device and is there a Fee? Ozone Wireless will allow its customers to purchase their handsets out right at regular retail price. OZONE WILL NOT BE LOCKING CUSTOMERS TO THE OZONE NETWORK. Though we will miss you if you leave, we are not going to prevent you from leaving by locking your device to our network.
24. What is Ozone Wireless’s return policy? If you purchase a Device from Ozone Wireless which does not meet your needs, you may return your Device (up to 2 Devices per subscriber) if the Device: (a) is returned within 2 calendar days of the start date (which is identified as the “Start Date” in the section entitled “Your Plan Info”); (b) is in “near new” condition with the original packaging, manuals and accessories; (c) has not exceeded 10 minutes of voice usage or 50 MB of data usage; and (d) is accompanied by the original receipt.
SIM Cards are not returnable once the packaging has been opened or the SIM Card is activated.
25. What happens if my Device is lost or stolen? As soon as you let us know that your Device has been lost or stolen, we can suspend your Service. If you report your Device as lost or stolen, and Ozone Wireless has not been notified of its return within a specified time period, then the Device may be permanently disabled. Remember that this Agreement continues to apply even after you have reported your Device lost or stolen. What happens with your Charges or account balance depends on whether your Services with Ozone Wireless are on a Postpaid or Prepaid Plan, as set out below:
(a) Postpaid: You must pay (i) all Charges and Fees, plus applicable taxes, incurred up until such time as we receive your notice that the Device was lost or stolen; and (ii) the minimum monthly Charge set out in your Important Subscriber Info (if you continue this Agreement) or the applicable Early Exit Fee (if you cancel this Agreement).
(b) Prepaid: In order to ensure that your future Prepaid funds are not compromised, we will suspend the auto-renewal feature (if you are so subscribed) of your mobile plan (“Auto-Renewal Feature”), your recurring Charges and any automatic “Recharge” program that you participate in (as further described in Section 29) once you notify us that your Device was lost or stolen. However, the active period applicable to your existing Prepaid funds continues to run when the Device is lost or stolen. In the event that your Device is not found, and providing you do not transfer your mobile number to a new device, your Prepaid account will expire within 90 days of the last Recharge.
26. What happens if my Device doesn’t work? Check your Device manual for troubleshooting tips that might help you solve the problem. See Section 37 if your Device is covered by a manufacturer’s warranty and needs to be repaired. If you give your Device to Ozone Wireless for repair, you are responsible for backing up any personal information and content contained on the Device which you want to preserve and then deleting it (by resetting your Device to factory settings) prior to giving your Device to Ozone Wireless. To find out how, and for troubleshooting information for your Device, you may contact the Ozone Customer Care Centre at 696-6322 or visit our retail store or an authorized distributor.
BILLING AND PAYMENT
27. Do I have to pay taxes on my Ozone Mobile Services? Yes. You will be responsible for paying any applicable value-added taxes, sales taxes, levies or charges which are imposed by the Government of Barbados
28. How does Ozone Wireless bill me? Your billing arrangement depends on whether we are providing you with Prepaid or Postpaid Services.
(a) Postpaid: If we are providing you with Postpaid Services, you will be billed monthly. Your bill will be made available to you electronically (either by email or ebilling) or through the self-care application, The Ozone App. The bills will be sent to the email address which you have provided in Important Subscriber Information unless you otherwise advise us in writing (email, letter or in-store application form). Your account will be assigned a billing date (“Billing Date”). We may change that bill date at our discretion and we will notify you in writing 30 days before this change is due to take effect. Monthly charges are calculated on a pro rata basis. On your first bill, there will be Charges for any Services which were provided between your Start date and Billing Date, so the total monthly Charges on your first bill may be different from the plan amount shown on your Important Subscriber Information. Your bill will include the current month’s Charges for your Plan, your Add-ons, your Out-of-Plan Charges, Additional Usage Charges and any additional Fees, plus any applicable value-added taxes, sales taxes, levies or charges which are imposed by the Government of Barbados. Your bill is payable on receipt. Make sure you pay on time because all amounts owing which are not paid by you or received by Ozone Wireless by your next Billing Date are overdue and you may be charged and must pay interest at the rate of 1.5% per month (“Late Payment Charges”) on all overdue amounts calculated and compounded monthly from the Billing Date.
(b) Prepaid: If we are providing you with Prepaid Services, you will not receive a monthly bill. You must maintain a positive balance of funds in your Prepaid account in order to use the Services. To add funds to your account, you must “Recharge” it. Prepaid funds are valid for 90 days starting from the time on the day they are added to your account (“Active Period”). Unused funds will expire at the end of the Active Period. If you Recharge your account before your existing Prepaid funds expire (or are used up), then the value of your Recharge will be added to your existing Prepaid funds and the Active Period for your most recent Recharge will apply to the combined amount of Prepaid funds. Prepaid funds are non-refundable. Any Prepaid funds which are added to your account on a promotional basis will expire at the end of the stipulated Promotional Period and cannot be restored by a Recharge. Any included but unused minutes or data in Prepaid Plans or Add-ons will carry over to any applicable roll over period. If you use an automatic Recharge program to add funds to your Prepaid account, the funds may take up to 48 hours to be deposited into your account. You can transfer funds deposited into your Prepaid account to another account. Visit ozonewireless.com/recharge for additional information.
29. How can I pay Ozone Wireless? It depends on whether we are providing you with Prepaid or Postpaid Services. Ozone Wireless may also have specific payment method requirements.
(a) Postpaid: You must pay your bill by the due date indicated on your bill. You can pay your bill online through your bank account, by cheque, at an Ozone retail store, at one of the Ozone partner payment locations, by debit card or credit card unless otherwise advised. You may also set up a pre-authorized payment plan (which may be required to obtain certain Services).
If you provide a credit card or bank account (or other pre-authorized payment method) to Ozone Wireless for your monthly payments, you authorize Ozone Wireless to charge your credit card or debit/charge your account for all outstanding Charges, additional Fees, applicable taxes and account balances due under this Agreement including any applicable Early Exit Fee (as defined in Section 44). You confirm that the credit card or bank account from which you have authorized payment is in your name, is valid and has not expired. Your current and authorized credit card information is part of your account profile and Important Subscriber Information, and your current authorized bank account information is on your Preauthorized Debit Authorization form.
Ozone Wireless may charge your account a Fee plus applicable taxes if your payment is refused by your financial institution for insufficient funds to the extent permitted by law. This Fee is to offset costs incurred by Ozone Wireless.
(b) Prepaid: You have a variety of options to Recharge your Prepaid funds. You can automatically Recharge your Prepaid funds with your credit card, an electronic Recharge, or participate in a monthly Recharge program with a pre-authorized credit or debit card, or pre-authorize your credit card and do one-time Recharges with your assigned personal identification number. Please visit ozonewireless.com/recharge for additional information.
30. Will Ozone Wireless ever require an immediate interim payment? Sure. If we notice usage inconsistent with your normal usage pattern, for example, Ozone Wireless may require you to pay certain amounts owing on an immediate interim basis, and in advance of your next Billing Date. If this happens, you must pay these amounts on or before the required payment date to avoid suspension or termination of your Ozone Wireless Services.
31. How do I correct a payment error? To correct any payment made by you through electronic means (such as Internet or telephone banking or ATM machine), you must ask your financial institution to correct the error.
32. What if I have a concern about a Charge or Fee? You are advised to notify us of any disputes or discrepancies on the bill before the payment due date and before you pay the bill. If you do not notify us in advance and the bill is fully paid, we assume you accepted the Charges. For Prepaid you should notify us of any disputed Charges within 2 calendar days from the date the Charges and Fees were incurred (for Prepaid Services) otherwise we assume you accept them. Any Charges or Fees you are questioning will not be considered past due unless Ozone Wireless has concluded the investigation and concluded that the Charges or Fees are correct and there is no basis for the dispute, or reasonably believes you are using the dispute to evade or delay payment. All undisputed portions of the applicable Charges and Fees and applicable taxes must be paid by the required payment date. Any undisputed and unpaid amount will be considered past due and you will be charged, and must pay, the applicable Late Payment Charge. If you are entitled to a credit from Ozone Wireless, you confirm that you have made no separate claim for a refund for the same amount from a financial institution. Ozone Wireless will apply any credits due to you from Ozone Wireless against future Charges and Fees payable.
33. How do discounts or promotions work? Ozone Wireless will apply any discounts, incentives or promotions to your account while: (a) Ozone Wireless maintains these discounts, incentives, or promotions; and (b) you meet the applicable eligibility requirements (including maintaining your discounted Plan without interruption). Ozone Wireless may change any discounts, incentives or promotions and their eligibility requirements at any time. Discounts, incentives and promotions may take more than one billing cycle to be applied and appear on your bill and will not be applied retroactively.
CREDIT AND SECURITY DEPOSITS
34. Will I be required to undergo a credit check? If you are registering for Postpaid Services you will be required to undergo a credit check. In the event that you do not meet our minimum credit requirements we reserve the right to deny you Postpaid Services, require a security deposit from you, or recommend Prepaid Services. We are not responsible for the accuracy of information provided through third party credit agencies and we will not accept any liability for consequences relating to denying you Services.
35. Does Ozone Wireless require a security deposit? Ozone Wireless may require a security deposit and will provide you with the reason for requiring a deposit. Deposits will not earn any interest while Ozone Wireless holds the security deposit. When the Ozone Mobile Services are cancelled or the conditions justifying the security deposit no longer apply (typically when you make 6 consecutive monthly bill payments in full and on time), Ozone Wireless will apply the security deposit against any outstanding amount owing, then refund you the balance of the deposit, if any, within 30 calendar days. Accounts with multiple subscribers will have the security deposit refunded on the earlier of when all subscribers on the account have cancelled Services or after 6 months from the last subscriber being added to the account and the account remaining in good standing.
36. Will I be assigned a credit limit and what happens if I exceed that limit? Yes. To reduce the risk of excessive Charges we may assign you a credit limit. You must therefore monitor the periodic alerts which will be sent to you via email and SMS to ensure that your Charges and Fees (both billed and unbilled) remain below your assigned credit limit to avoid suspension of your Services.
WARRANTIES AND LIMITATION OF LIABILITY
37. Are there any warranties on the Ozone Mobile Services? To the extent permitted by applicable law, Ozone Wireless makes no warranties, representations, claims, guarantees or conditions of any nature, express or implied, including fitness for a particular purpose, merchantability, title or non-infringement, with respect to any Ozone Mobile Services and does not guarantee that communications are private or secure. Ozone Wireless assumes no liability for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of any Ozone Mobile Services, even where such unavailability occurs after activation of the Ozone Mobile Services.
38. Are there any warranties on the wireless handset? Ozone Wireless is not the manufacturer of the wireless handset. The wireless handset which you purchased from Ozone Wireless is subject to the manufacturer’s warranty, which is valid typically for 1 year from the purchase date of the wireless handset with the original receipt. Some Devices may have a longer warranty period. Please review the manufacturer’s warranty provided with your Device or through the manufacturer’s website to understand what protection it offers and the duration of the warranty. If the wireless handset malfunctions during the manufacturer’s warranty period, please return the wireless handset to us so that we may inspect it and, if appropriate, have it repaired. If your Device is not covered by a manufacturer’s warranty, Ozone Wireless may, but is not required to, arrange with the manufacturer on your behalf to repair an out-of-warranty Device and may charge you Fees plus applicable taxes for such repair Services, which you will be advised of before being charged. Ozone Wireless disclaims any other representations, warranties, and conditions, express, implied or statutory, except to the extent that this disclaimer is expressly prohibited by any law that applies to Ozone Wireless.
39. How does Ozone Wireless limit its liability? To the extent permitted by applicable law, Ozone Wireless’s liability for negligence, breach of contract, tort or other causes of action, including fundamental breach, is limited to payment, upon request, for actual and direct damages of a maximum amount of the greater of $50 or an amount equal to the Charges for Services payable by you during any Service outage. Other than the above-mentioned payment and to the extent permitted by applicable law, Ozone Wireless is not responsible to anyone for any damages, including direct, indirect, special, consequential, incidental, economic, exemplary or punitive damages. This limitation of liability does not apply to damages resulting from physical injuries, death or physical damage to your property wholly caused by Ozone Wireless’ gross negligence.
40. Are there any other circumstances when Ozone Wireless has no liability at all? In addition to the circumstances specifically described elsewhere in this Agreement where Ozone Wireless has already stated it is not responsible for any claims, losses or damages, including Section 39, Ozone Wireless will not be responsible for any claims related to the distribution of content by you or third parties. More generally, Ozone Wireless will not be responsible for failing to meet obligations due to causes beyond its reasonable control, including work stoppage, labour disputes and strikes, pandemics, war, terrorism, civil insurrection, government decree, failure of the public power grid, unlawful acts, your failure to act in accordance with this Agreement, or the act or omission of a telecommunications carrier whose network is used in establishing connection to a point which Ozone Wireless doesn’t directly serve, acts of nature and all other force majeure events.
CHANGES TO YOUR AGREEMENT
41. Can Ozone Wireless make changes to this Agreement or the Ozone Mobile Services? Yes. By giving you at least 30 calendar days’ prior notice in writing, Ozone Wireless may change: (a) your Prepaid Services and associated Charges; (b) Ozone Mobile Services which are provided to you on a Postpaid basis (including Add-ons and Pay-Per-Use Services) and associated Charges; and (c) Fees. Such changes may include the modification or termination of a Service. Ozone Wireless may only change other Ozone Mobile Services and their associated Charges in accordance with applicable law. Ozone Wireless may give you notice of a change by posting it on ozonewireless.com by including it on your bill, by sending it to you by email or text message, or by any other reasonable method. Subject to Ozone Wireless’s right to make these changes, no other statements (written or verbal) will change this Agreement. If you do not agree to any changes made to the terms and conditions, Charges or Fees you may terminate the Agreement by giving Ozone notice in writing within fourteen (14) calendar days of the date of our notice. If you continue to use the Services, or if you pay any amount billed to your account after we have given notice under this Section you are deemed to have accepted the changes to the Agreement.
42. Can I make changes to these Terms and Conditions of Service? You may not make any changes to these Terms and Conditions of Service. However, depending on the Ozone Mobile Service you subscribe to and your Plan details, you may be able to add or remove certain Services, subject to Section 15. You will need to check your Service details to see if additional Fees or Charges may apply. Remember, if you are not satisfied for whatever reason with the Ozone Mobile Services you may end this Agreement at any time as indicated in Section 9 (see the following section if you wish to do so).
ENDING YOUR AGREEMENT
43. How do I cancel the Agreement? We’ll be sorry to see you go, but if you need to, you may contact Ozone Wireless to cancel your Ozone Wireless Services. Cancellation is effective the date Ozone Wireless receives your cancellation notice (or the date you request the cancellation to take effect) (“Cancellation Date”) and you will be charged and must pay the applicable Charges, Fees (including any applicable Early Exit Fee) and taxes up until the Cancellation Date. If you have a credit owed to you after your Postpaid account is closed, you must contact Ozone Wireless to arrange credit collection. SIM Cards will be deactivated and may not be reactivated. If you have a Postpaid account, you must contact your financial institution to cancel any pre-authorized debit and credit card authorizations relating to your account. If you have a Prepaid account and use an automatic Recharge program to add funds to your Prepaid account, please contact us to cancel the program.
44. Will you be charged an Early Exit Fee if you terminate the Services? That depends. If you wish to terminate the Services prior to the expiry of the Commitment Period, you are required to pay the appropriate Early Exit Fee. The Early Exit Fee is calculated by multiplying the Monthly Charge (as that term is expressly identified in the section entitled “Your Plan Info” of the document entitled “Important Subscriber Information”) by the number of months remaining in the Commitment Period at the time you terminate the Agreement plus any applicable taxes. If you wish to terminate the Services after the expiry of the Commitment Period and you are on a month-to-month term you will not be required to pay an Early Exit Fee. The Early Exit Fee is not a penalty.
45. Can Ozone Wireless disconnect my Services for non-payment? Ozone may disconnect any Ozone Mobile Service or terminate this Agreement if: (a) you fail to pay an account that is past due; (b) you fail to provide or maintain a reasonable security deposit or alternative as requested by Ozone Wireless; or (c) you have previously agreed to a deferred payment plan with Ozone Wireless and you fail to comply with its terms. If Ozone Wireless is about to disconnect your Service, we will attempt to give you advance notice of your scheduled disconnection unless repeated attempts to contact you have failed. Notice may be by telephone, e-mail or text message. See Section 32 if you dispute any amounts that are past due.
46. Are there other circumstances when Ozone Wireless may suspend or disconnect the Services to you or unilaterally end the Agreement? Yes. Ozone Wireless can, without notice and for cause, suspend, cancel or refuse to provide Ozone Mobile Services to you (including blocking numbers or area codes), or disable your Device. Cause includes: (a) Ozone Wireless would have to incur unanticipated, unaccounted for, unusual or unreasonable expenses to provide any Ozone Mobile Service; (b) Ozone Wireless has a reasonable suspicion that fraudulent activity has occurred or is likely to occur; (c) if your Prepaid account remains at $0 for 90 calendar days (note: you will also lose your mobile number and other identifiers); (d) you fail to comply with any part of the Agreement, including the Responsible Use Policy (detailed below in Schedule A – Section G); or (e) Your use of Ozone Mobile Services is not consistent with reasonable usage patterns.
47. Will I be charged an Early Exit Fee if Ozone disconnects my Services? If Ozone cancels your Services for cause, an Early Exit Fee plus applicable taxes will be charged to your account.
48. Do I still have to pay Ozone Wireless if my Services are suspended? Unless you are told otherwise, you are responsible to pay for outstanding Charges even if your Ozone Mobile Services are suspended. Failure to honour these outstanding amounts may result in Ozone Wireless cancelling your Ozone Mobile Services. If you wish to resume your subscription to any Ozone Mobile Service, you must pay the applicable (re)connection Fee as set by Ozone Wireless, plus applicable taxes. Ozone Wireless is not responsible for notifying any third-party providers of services, merchandise or information of the termination of the Ozone Wireless Services or this Agreement.
49. Does any part of this Agreement continue after termination of the Ozone Mobile Services? Yes. The following sections will continue to survive: Sections 3 to 6 (Your Information and Marketing Communication Preferences), Sections 37 to 40 (Warranties and Limitation of Liability), this Section 49 and the Our Agreement Page will remain in effect even after the Ozone Mobile Services or this Agreement has been cancelled.
50. What if parts of this Agreement become unenforceable? If any part of this Agreement becomes unenforceable, the remaining parts will continue to apply to you and Ozone Wireless. Remember that even if Ozone Wireless decides not to enforce any part of this Agreement for any period of time, that part still remains valid and Ozone Wireless can enforce it in the future.
51. What laws apply to this Agreement? This Agreement is governed by the laws and the courts of Barbados.
52. Can this Agreement be transferred? Ozone Wireless may transfer or assign all or part of this Agreement (including any rights in accounts receivable) at any time without prior notice or your consent. You may not transfer or assign this Agreement, your account or the Ozone Mobile Service without Ozone Wireless’ prior written consent.
53. Is the Agreement available in alternative formats? Yes, you may obtain an electronic version of this Agreement by requesting that it be sent to the e-mail address provided to us in the Subscriber Information Section of this Agreement. You can also download a copy of the Ozone Terms and Conditions of Service from www.ozonewireless.com/support. You are responsible for any technical or other resources (including Adobe Reader software) required to access and print this Agreement. Unless you notify us within 48 hours of signing the Agreement, we will assume you have received the Agreement. Remember that there is no guarantee that email is reliable or secure.
54. What do I need to know about the Ozone Wireless trademarks? The “Ozone” name and signature, the “Ozone Wireless” and “Ozone Wireless (Barbados)” name and its logos, and other marks used by Ozone Wireless are trade-marks of Ozone Wireless Inc. and used under license by Ozone Wireless. All unauthorized use of any Ozone Wireless Inc. or other owned trade-marks is absolutely prohibited. Please contact us if you would like to use any of the trade-marks.
We’re here to help. If you have any questions about your Ozone Mobile Services or your Agreement, we’d be happy to help. Contact us anytime online at ozonewireless.com/contactus, or call the Ozone Wireless Customer Care Centre at 696-6322 between Monday to Saturday from 9:00 a.m. to 8:00 p.m. Our mailing address is: Ozone Wireless Inc., PO Box 5034, Warrens Tower 2, Warrens, St. Michael, BB12001.
Are there any rules regarding my use of Ozone Mobile Services, the Networks or my Device? Yes. Ozone Wireless encourages all of its Subscribers to use the Services responsibly. Abuse or misuse of the Services, the Networks, or Devices impacts all Subscribers and is something Ozone Wireless takes very seriously – and which could result in the termination of your Agreement with Ozone Wireless, or lead to criminal or civil charges. Ozone Wireless may immediately suspend, restrict, change or cancel all or part of your Services and modify or deactivate your Device without notice or take other necessary protective measures if Ozone Wireless has reasonable grounds to believe there is a breach of any of these provisions. For example, you are prohibited from:
(a) using, enabling, facilitating, or permitting the use of any Service or the Device for an illegal purpose, criminal or civil offence, intellectual property infringement, harassment (including cyber-bulling, cyber-crime, disruptive, intimidating, annoying or offensive calls/transmissions), or in a manner that would breach any law, regulation or the policies of any Internet host;
(c) enabling, facilitating or permitting the transmission of unsolicited messages such as spamming or phishing. Ozone Wireless may (i) filter any message determined by Ozone Wireless to be spam from your in-box to an anti-spam folder and delete this message; and (ii) set a limit on the number of messages a test user may send or receive through e-mail;
(d) uploading or downloading, making available, transmitting, posting, publishing, disseminating, receiving, retrieving, storing, linking to or otherwise reproducing, offering, distributing, enabling or providing access to information, software, content, files or other material which: (i) is confidential or protected by copyright or other intellectual property rights without prior authorization of the rights holder(s); (ii) is defamatory, discriminatory, violent, obscene, child pornography or hate propaganda; (iii) constitutes invasion of privacy, impersonation, forging, appropriation of identity or unauthorized linking or framing; or (iv) is designed to assist users in defeating technological protection measures (like geoblocks), registration and any other anti-theft mechanisms or in the fraudulent use of telecommunications or broadcasting services;
(e) using any Service for the purpose of reselling, remarketing, transferring, sharing or receiving any charge or other benefit for the use of any Service, or for continuous data transmission or broadcasts (including multi-media streaming, automatic data feeds, automated machine to machine connections or peer-to-peer file sharing, voice over Internet protocol or any other application that is not made available to you by Ozone Wireless which uses excessive Network capacity), or to provide a substitute or back-up for private lines or dedicated data connections such as DSL and/or to operate any server system. If you engage in any of these activities you will be liable to pay in full all charges billed to you at a rate of three-times the in-market rate plus applicable taxes, regardless of the total amount due;
(f) attempting to receive any Service without paying the applicable charges, modifying or disassembling your Device (including the alteration, copying, reproduction of or tampering with electronic serial numbers, IMEI or other identification, signaling or transmission functions or components of your Device), changing any identifier issued by Ozone Wireless, attempting to bypass the Networks, or re-arranging, disconnecting, removing, repairing or otherwise interfering with the Services, or Ozone Wireless’ equipment or facilities;
(g) adapting, reproducing, translating, modifying, decompiling, disassembling, reverse engineering or otherwise interfering with any software, applications or programs used in connection with the Services (whether owned by or used under licence to Ozone Wireless) for any purpose including “testing” or research purposes; or modifying, altering, or defacing any of the trade-marks, or other intellectual property made available through the Services or using any indemnity or intellectual property except for the express purpose for which such intellectual property is made available to you through the Services;
(h) posting or transmitting any content, data or software containing a virus, “cancelbot”, “Trojan horse”, “worm” or other harmful or disruptive component or committing any act which may compromise the security of your Internet host in any way (including analyzing or penetrating a host’s security mechanisms); and
(i) using harassing or abusive language or actions, whether verbal, written or otherwise, directed at Ozone Wireless employees, suppliers, agents and representatives.
Ozone Wireless wants to keep you up-to-date on your rights as a Subscriber and on how we use and safeguard your personal information.
• Your name, address and phone number(s).
• Other information about the Ozone Wireless product(s) that you may subscribe to, such as calling features or programming.
• Your service usage such as wireless call records, long distance usage or Internet surfing habits.
• Account information such as the status of your account or your method of payment.
3. How and why does Ozone Wireless collect personal information? We collect information during the application process, when communicating or transacting business with you, when you browse the Internet using your device, and when providing you with our services. Occasionally we collect information about you from third parties, such as credit reporting agencies for credit checks. We collect information to:
• Establish and maintain a responsible commercial relationship with you. For example, we may collect information to confirm your identity or to establish creditworthiness.
• Understand your needs and preferences to recommend relevant offers, products, services and bundled discounts on behalf of Ozone Wireless and, with your express consent, our third-party marketing partners.
• Understand who the people are that use our products and services, how they use them, and how we can improve them.
• Manage and develop Ozone Wireless’s business and operations. For example, we monitor usage volumes in order to plan and provision our networks. We also track product sales to determine the success of features, promotions and pricing.
• Meet legal and regulatory requirements. For example, we may be required to collect information by a court order or to demonstrate compliance with a legal requirement.
Your personal information will not be used for any other purpose without your consent.
4. Questions or concerns about your privacy? We’d be happy to discuss any questions or concerns you may have about your privacy. To reach us, please visit ozonewireless.com/contactus.
If you still have unresolved privacy concerns, you can write to:
The Office of the Public Counsel,
Warrens Office Complex,
Warrens, St. Michael