Terms and Conditions Policy
The parties to this Agreement are:
iVitta Logistics Limited, a company registered in England, company number 08942123, whose registered office is at, Admirals Offices, The Historic Dockyard, Chatham, England, ME4 4TZ. In this Agreement, “we”, "us" and “our” shall refer to iVitta Logistics or the Megga Sim Card.
You are the person who orders and uses the Products and/or Services for private and personal use from the activation of your Megga SIM Card and the creation of an Account with us (the “Customer”). A Customer includes any person who we reasonably assume is acting with your authority. In this Agreement, “you” and "your" shall refer to you as our Customer.
1.These General Terms and Conditions (also the Pay Monthly Terms and Conditions and the Content Terms and Conditions where applicable) and the Price List apply to all of the Products and Services as offered by iVitta Logistics, whether for a specified fee or incorporated into other Charges. The current valid and binding version of the Agreement at any given time shall apply unless terminated under the terms of this Agreement and shall be published by us on the Internet at www.meggasim.com/terms-and-conditions
- This version of the Agreement takes effect from 17 January 2023 and shall remain valid and active until amended or terminated in accordance with the relevant provisions of the Agreement.
- We can be contacted via email at firstname.lastname@example.org
- By creating an Account and using a Megga SIM Card to access the Services via a Mobile Phone, you will be deemed to have accepted this Agreement and will be referred to as a customer of Megga SIM. Any SIM Card we provide to you is provided under licence and remains our property.
- All data bundle vouchers are issued by Megga SIM and only these may be used to add a data bundle to your account.
- The definitions and rules of interpretation set out in this clause shall apply in this Agreement:
"Account" means our records of any information which you have supplied to us. This includes your personal information; details of the amount of credit you have for our Services; and details of your use of the Services. An Account is created by downloading the Megga SIM App and setting up an account.
“Agreement” means these General Terms and Conditions and where applicable the order form, Charges, Price List, Price Plan, our Code of Practice and Conditions and the Content Terms and Conditions;
“AIT" or “Artificially Inflated Traffic” means where the flow of calls or messages to a particular telecommunications number or service is a result of direct or indirect activity by or on behalf of the operator of said number or service which causes a disproportionate flow of calls than we would otherwise expect from normal commercial practice and your usage of the Network in good faith;
"Charges" means all sums payable to us for the purchase of Megga SIM Products and Services which we make available to you as described in the Price List and/or Price Plan.
“Code of Practice” means the Megga SIM code of practice detailing our method of dealing with any complaints or disputes relating to our Products and Services, which can be found at www.meggasim.com/terms-and-conditions
"Content" means any text, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Services for use on a Mobile Phone or otherwise, including any information supplied by content providers from time to time for which iVitta Logistics has the Rights to resell or allows a supplier of such Content to provide it via our network;
“Credit Card” and/or “Debit Card” mean a card issued by a bank in your name from which we are able to take payments under this Agreement directly or via our partners;
“Customer Services” means the Megga SIM staff and employees allocated to respond and assist customers with any queries and complaints. We are contactable via Megga SIM’s email address.
“Intellectual Property” or “IP” means any intellectual property rights anywhere in the world whether registerable or not, including, without limitation, patents, trademarks, service marks, designs, copyrights and related rights, database rights, know-how, moral rights and domain names, as well as applications for registration of such rights and the right to apply for registrations, and all equivalent or similar forms of protection notwithstanding the manner in which they arise or in which media;
“International Roaming” means the Service supplied to you by our reasonable efforts to enable you to obtain access to other mobile communications networks when you travel to other countries. This Service includes the ability to make and receive domestic and international voice calls, to send and receive SMS and MMS services to standard fixed and mobile numbers within the visited country;
“Minimum Term” means the minimum specified period of time for which you have entered into a Pay Monthly contract with us and as specified as part of your Price Plan and on which the prices of your Services are based;
"Mobile Phone" or “Handset” means a device capable of being connected to our Service via the Network for Services when used in combination with a Megga SIM Card;
“Month” means a calendar month from the date of any event under this Agreement;
"Network" means the cellular telecommunication system supporting our Services;
“Product” means the SIM Card supplied to you by us. Please note any SIM Card is provided to you under licence and it remains our property. We may change your SIM Card or require you to return it at the end of this Agreement;
"Register" and "Registration" means our acceptance of your application to register your personal details with us for the Service once you purchase call time from us;
"Rights" means copyright, trademark and other relevant proprietary and intellectual property rights relating to Content;
“Service” means any of the telecommunication services available for use by you via our SIM Card including data by means of the Network, the ability to send and receive email via the Internet, the ability to access information from the Internet, as well as any additional services we agree to provide to you, including voicemail and International Roaming where applicable;
"SIM Card" means the card or other device provided to you bearing a unique mobile telephone number programmed to allow a Mobile Phone to access the Service;
"User Guide(s)" means any guides or documentation supplied with your Mobile Phone/SIM Card either by us or by the manufacturer of your Mobile Phone that explain to you how the Service works, how to purchase call time and/or how to use your Mobile Phone;
"Using the Service" means the use of the Services via the Megga SIM Card after your Account is first activated or from when the Megga SIM Card is received by you, if later;
"Data bundle" means a voucher of a specific cash amount and having a given value as specified in the Megga SIM Price List when applied to Services on the Megga SIM network;
- The headings in this Agreement do not affect its interpretation. A “person” can refer to an individual, a body corporate, association or partnership and includes a reference to that person’s legal personal representatives and/or successors to whom this Agreement is lawfully assigned. Unless the context otherwise requires a clause is a reference to a clause of the Agreement. In the event of a conflict between any documents of the Agreement, the following descending order of precedence shall apply: - the General Terms and Conditions.
Products and Services provided by us
- We provide the Services using a combination of iVitta Logistics infrastructure and worldwide Networks. You acknowledge that Services provided under the Agreement are subject to arrangements that are in the control of other networks and their operators, including the Network, that are outside of the control of iVitta Logistics.
- Megga SIM make the Services available subject to the credit available in your Account. You do this by purchasing Data Bundles which Megga SIM make available through a range of means.
- Your pre-payments for Vouchers are not repayable by us, nor is any interest payable on any credit you may have with us. Every time a chargeable Service is used by you, the value you have added to the Account via the Voucher(s) is reduced with reference to the relevant Charges and Price Lists. Please note that use of Internet or electronic top-ups are not guaranteed as secure by us so be careful when using it. For the avoidance of doubt any data bundle Voucher shall expire by the date stated within the price list.
- iVitta Logistics neither represents nor warrants that the Products and the operation of the Services (or related Products or Services, including those of third parties) will be uninterrupted, timely, secure or error-free or that it will meet the Customer’s specific requirements, even if those requirements have been notified to iVitta Logistics in advance.
- The quality and availability of the Services or Products are subject to certain limitations and circumstances beyond our reasonable control including, but not limited to, physical, geographic and atmospheric conditions and the functional capability of Services and Products as supplied to iVitta Logistics.
- The availability and maintenance of the Network varies depending on location. The quality and coverage of the Services depends in whole or in part on your Mobile Phone; the Products; the Network; and the other telecommunications networks or Services to which you are connected to via the Network. The Services might be adversely affected if too many people try to use the Network at the same time; physical features (such as buildings and underpasses); and by atmospheric conditions or other causes of interference. In particular, iVitta Logistics does not warrant that calls will not be dropped; GPRS connections will not be lost; that the transmission of data calls will occur at any particular speed or time; or that all traffic (including certain bandwidth capacities) can or will be transmitted by the Network; or that there will be absolute protection of its Network against unauthorised access or interception.
- Subject to this Agreement, iVitta Logistics shall exercise such reasonable skill and care in the provision of the Products and/or Services as may be expected of a reasonable mobile communications provider.
- We may, from time to time and without notice, change the Services and Products in order to comply with applicable safety, regulatory or statutory requirements, provided that such changes do not materially affect the nature or scope of the Charges for the Services and Products.
- We may modify or suspend the Services wholly or partially without notice where such modification or suspension is deemed necessary by us (e.g. for maintenance, upgrading, security, emergency or other valid reasons) or by an authorised authority. All reasonable efforts shall be made to minimise such Service disruptions however, some interruption may be inevitable. We will notify you where and as soon as it is practicable to do so.
- International Roaming.
19.1 For International Roaming, the overseas networks on which we rely to support the Service while you are abroad may be limited in quality and coverage which we have no control over. Access to these overseas networks will depend upon the arrangements between the Network and the foreign operators. The data provision and content/quality/quantity of data services provided is the responsibility of the network not controlled by iVitta Logisitcs. If you use these they may be subject to different laws and regulations applying in that country. iVitta Logistics is not liable for your failure to comply with those laws or regulations.
- Without prejudice to any other provisions of the Agreement, we reserve the right to:
- issue such reasonable instructions concerning the use of the Services as may be necessary in the interests of safety, quality of Services, other customers or telecommunications services as a whole, or for any other reason we deem sufficient; and/or
- block certain numbers from the Services, International Roaming; and/or disconnect the Services and Products on a temporary or permanent basis where there are reasonable grounds to suspect fraudulent, AIT or GSM Gateway activity or where we would suffer direct loss as a result of any use of the Services.
- Use of Products and Services is limited to fair and reasonable use as defined by us from time to time. Our Services and Charges assume fair and reasonable use of the Service by you. In the event of the usage being in excess of the terms of the Agreement, we reserve the right to review the Charges applied to your Account or to suspend or terminate the Services offered to you.
- For our Service to you, you shall pay for such Services by purchasing a Voucher and registering it with us,
- You shall give iVitta Logistics your correct and current personal details, including your name and current address. You shall also notify iVitta Logistics of any changes to your personal details without delay via our website.
- You shall treat as confidential and store in a safe place all of your security information including your PIN or PUK codes and any other codes and passwords used to access the Services or to communicate with us. You shall not give access to your security information to anyone else. iVitta Logistics shall not be liable for any loss arising from your failure to keep such information secure.
- You shall inform us as soon as possible if your Megga SIM Card is lost, stolen, damaged, destroyed, and/or likely to be used in an unauthorised manner. You shall co-operate with the Megga SIM Customer Care Team in our reasonable security and other checks to protect you, your information, other customers, us, our network and Services.
- You also agree that where your Megga SIM Card is lost, stolen, damaged or destroyed or used without your authority, we shall have no obligation to make a refund to you of the credits left on your Account until we have been notified of such circumstances.
- You are responsible for the acts and omissions of any and all persons using the Services and Products sold or allocated via your Megga SIM Card. Without prejudice to any provision of the Agreement, you as our Customer agree that you:
- are wholly responsible for the content of the use of the Service, and we are not responsible or liable for any communication sent or received by you or any other person using your Account or SIM Card (including content which contains a virus or other harmful or unlawful material);
- have no representation or warranty from us as to the quality, accuracy, correctness, completeness or suitability of any call content;
- will not attempt to, actually gain, permit or actively or inactively allow any third party to attempt to gain unauthorised access to the Service and/or Network;
- rely on ,or use, any and all content at your sole risk;
- will not use or permit the use of the Services or the Product for any improper; indecent; immoral; obscene; unlawful; harassing; harmful; unauthorised; defamatory; offensive and/or fraudulent purpose, or to cause any injury, offence or annoyance to any person or to send unsolicited commercial messages to any person;
- will not use or permit any use of the Services or Product, so as to cause the operation of the Network or the quality of Services to be jeopardised, impaired or interrupted or to interfere with the integrity or security of any telecommunications or IT network or system, nor to misuse and/or abuse the Services and/or the Network;
- will only use type-approved Handsets with the Network ;
- will comply with the Agreement and any User Guide(s) governing your Product and/or Service use, and will remain solely responsible for the manner in which these are used;
- will comply with the terms of any legislation or any licence applicable to you as the Customer or us, including all relevant codes of practice as may be issued from time to time by the Government, a regulator or other competent authority;
- will comply with all reasonable instructions or requests of iVitta Logistics or an authorised authority and/or any other telecommunications operator, in particular as regards the use of the Services and in relation to the investigation of any offences;
- You will co-operate with all reasonable requests made by us relating to the provision of the Services to you.
- The current data bundle prices are published on our website at www.meggasim.com. Charges may be amended by iVitta Logistics from time to time.
- If you continue to use the Services after an amendment to the Charges comes into effect, this shall be deemed to be your acceptance of the new Charges.
- Where your Megga SIM Card contains an initial credit and/or promotional credit, this will only be credited to your Account in accordance with the terms and conditions applicable to that offer.
Exclusions and liability
- Our Products and Services are offered on an “as is” basis, and we make no express or implied warranties with respect to the Services, Products and/or any Content whatsoever (including without limitation regarding their satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from error) unless specifically set out in the Agreement. You also recognise that the Service may, from time to time, be adversely affected by events outside our control, including without limitation congestion, network coverage, dropped connections, the performance of wireless enabled devices and the maintenance of a secure network connection.
- If our supply of the Services and Products is prevented or delayed by any act or omission caused by you or any third party, iVitta Logistics shall not be liable for any costs, Charges or losses sustained or incurred by you arising directly or indirectly from any such prevention or delay. In any event iVitta Logistics liability to you under this Agreement shall not exceed £100.00 in all circumstances.
- Nothing in these terms shall act to exclude or limit our liability for death or personal injury, fraud or any other liability which may not by applicable law be excluded or limited.
- Nothing in these terms affects the statutory rights of you as a consumer. We are not liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to any losses in relation to:
- the deletion, with or without notice or cause, of any of your data or information stored on the Product and/or Services;
- your use of, reliance upon or inability to use our, Product, Services and/or Content;
- any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or failure, suspension or withdrawal of all or part of the or Product and/or Services at any time; or
- the removal from the Product and/or Services of any material sent or posted by you on or via the Services and/or the blocking or suspension of your access to the Services or any part thereof in accordance with the Agreement.
- If you are not fully satisfied with any part of the Services and/or Products, or this Agreement after it is amended, your sole and exclusive remedy is to discontinue Using the Services, or where you have paid us for any element of the Services and/or Product, to seek a pro-rata refund as outlined in the Agreement for the cost of that element which has caused dissatisfaction. You are not entitled to a refund where we have suspended or terminated your access to the Services or Products as a result of breach of the Agreement by you.
Intellectual property rights
- Any and all names, trademarks, copyright, brands and logos of Megga SIM belong or are licensed to us as Intellectual Property (“IP”) and shall remain with us at all times, along with any related title and goodwill attached to them. You may not copy Megga SIM’s names, trademark, pictures, brands and logos, or copy any of Megga SIM’s manuals or documentation.
- You may not copy any of the items incorporating the IP and supplied to you which incorporate the IP. If a Product is disconnected from the Services or if we change the IP, you must either destroy the SIM Card or return it to us, as requested by us. If it is not returned, you must pay for the SIM Card (or its replacement) at the price stated in the Price Plan at that time.
- iVitta Logistics grants you as a Customer a revocable, non-transferable and non-exclusive right to use the IP related to the Products and Services provided by iVitta Logistics strictly for the proper use of the Services or Products, in accordance with, and for the duration of, the Agreement. iVitta Logistics or its licensor fully retain the rights to all corresponding IP rights. If you infringe the IP rights of third parties and iVitta Logistics is held liable, you shall hold harmless and indemnify iVitta Logistics in full against any such claims.
- iVitta Logistics collects and process personal data in accordance to the European Union General Data Protection Regulation (GDPR). By means of the present Terms and Conditions we notify you about the collection of personal data in connection with the use of the services as set out in Article 13 of the GDPR. For more details about the collection of personal data in connection with the use of the services please review our Privacy and Cookies Policy.
- Your personal data includes, but is not limited to, the following information which is provided by you directly and via your use of the Products and Services:
(a) We collect your personal information in order to be able to provide you with our products and services.
(b) We collect and process customer data and other type data for the purpose of content design, modification or termination of a contractual relationship with you;
(c) We collect and process traffic data for the purposes of construction, maintenance of telecommunications and the establishment of further connections;
(d) We will not record your personal information in any directory or information service, whether it is owned by us or by a third party, unless you request such registration. If you would like your personal information to be included in a directory, please contact Megga SIM Customer Care. If you have requested such registration, we will provide such personal information to publishers and directory inquiry providers in accordance with GDPR guidelines.
The legal basis for the collection and processing of personal data referred to in points (a) to (d) is GDPR Article 6 (1) (b), since the processing is necessary for the performance of a contract between iVitta Logistics and you.
(e) We offer you the chance to receive direct product information and newsletters from iVitta Logistics by e-mail. For this, we need your e-mail address. We may use your e-mail address, which we have obtained in connection with a contract for the provision of telecommunications services, for the direct marketing of your own similar goods or services, provided that you have not objected to the use. The legal basis for this use is Article 6 (1) (f) of the GDPR, as the processing is necessary to safeguard the legitimate interests of iVitta Logistics. The legitimate interests pursued by iVitta Logistics are the promotion of products and services to customers. In addition, we collect and process your e-mail address and mobile phone number for the purpose of sending iVitta Logistics direct mail, product information and newsletters by e-mail and / or SMS, as well as advertising calls from iVitta Logistics, provided that you have given your consent, iVitta Logistics may store and use the e-mail address provided by you. Your consent will be logged and you will be able to retrieve the content of the consent and this notice at any time.
- f) At your request, we will transmit your personal data (name, address, e-mail address and mobile phone number) for the purpose of sending advertising and product information from iVitta Logistics by e-mail and / or SMS, provided that you have given your consent. For this purpose, iVitta Logistics may store, use and transmit to a cooperation partner the data provided by you, namely name, address and e-mail, and these partners may use this data for the purpose of sending advertising and product information. Your consent will be logged and you will be able to retrieve the content of the consent and this notice at any time. The legal basis for the processing of these personal data is your consent, Article 6 (1) (a) of the GDPR.
- g) We do not collect and process personal information from children under the age of 16 and our services are not directed to children under the age of 16. Regardless, in the event personal information about children is required to be collected in response to the offering for specific campaigns, corresponding parental consent should be requested before the offering of any products and or services.
You can revoke your consent at any time, please review our Privacy and Cookies Policy for the procedure and for information on how to exercise your rights as data subject. In addition, e-mail advertising can also be canceled by clicking on the link at the end of the e-mail.
- Our Data Protection Officer (DPO) is the primary contact between you and iVitta Logisitcs for any personal data related matters. Please review our Privacy and Cookies Policy for DPO contact details.
- Where events, circumstances or activities outside of iVitta Logistics reasonable control result in any delay, interruption or failure to provide the Services to you, we are not be liable to you. This includes but is not limited to: Network failure, failure of third party networks, services suspension dictated by our Network supplier in order to carry our repairs, maintenance or updating, or where we are required by lawful authority to interrupt our Service and where required by law or in order to protect you against any possible harm.
- For Pre-Pay Services, you are entitled to terminate this Agreement at any time by informing Megga SIM Customer Care.
- We are entitled to terminate this Agreement for Pre-Pay Services subject to notice for due cause, or immediately where the Customer is in breach of its obligations under this Agreement such as, but not limited to: where the Customer is suspected of involvement in fraud, operating a GSM Gateway; to generate AIT; or gross negligence.
Changes to this Agreement
- We reserve the right to change any and all terms and conditions of the Agreement at any time, where such changes are in favour of you as a Customer.
- Furthermore we also reserve the right to make incidental changes to this Agreement where required to do so to comply with legal, regulatory or tax changes, for circumstances otherwise outside of iVitta Logistic’s control or for minor changes incidental to the operation of the Agreement. Such changes can be made by us immediately and without any notice other than by publication on our website.
- We reserve the right to make material changes to any and all terms and conditions of this Agreement (including the Price List) subject to 30 days’ notice. Such notice will be given by publication on our website at www.meggasim.com. You may terminate the Agreement prior to the implementation of any such change. Should you continue to use the Product and/or Services after the entry into force of the new Agreement terms, the new terms and conditions of the Agreement are deemed accepted.
Governing Law and dispute resolution
- This Agreement and the supply of the Products and Services is governed by the laws of England and Wales, and the English courts have exclusive jurisdiction in respect of any dispute arising out of the Agreement, unless we require a court order or injunction against you in another jurisdiction.
- Where any dispute relates to our Code of Practice, you must first raise a dispute with us by contacting Customer Services first. If you are dissatisfied with our final dispute response, you may lodge a dispute with the Independent Dispute Resolution body for telecommunications, Ombudman Services. The details of raising such a dispute may be found atwww.ombudman-services.org
Ombudsman Services contact details
Phone: 03304401600 | Textphone:03304401615 | Email : email@example.com
Post : PO BOX 730| Warrington| WA46WU
- Without notice to you, the Customer, we are entitled to transfer this Agreement to another communications provider or person capable of providing equivalent Services to you at any time.
- For Pre-Pay Services, you may transfer the rights and obligations arising from this Agreement to third parties only by Registration of the new Customer taking possession of the Products and subject to the prior written consent of iVitta Logistics at our absolute discretion. In completing Registration with us, the new Customer is deemed to have accepted the terms of this Agreement
No third party rights
- No term of this Agreement is enforceable by any third party who is not a party to this Agreement under the Contracts (Rights of Third Parties) Act 1999.
- No failure or delay by iVitta Logistics in exercising any right, power or privilege under this Agreement shall operate as a waiver of such right, power or privilege unless it is agreed in writing and signed by iVitta Logistics.
- Should any provision or provisions of the Agreement be found to be or become invalid, illegal or unenforceable this shall not affect or impair the validity, legality or enforceability of any other provision of the Agreement provided that this does not materially prejudice iVitta Logistic’s respective rights and obligations under the Agreement.
Megga SIM Card returns
- If you decide to return your unused Megga SIM Card you must return it to us within 14 days. Please note the SIM Card must still be attached to the original SIM Card holder. If we do not receive the Products by the required date, if they have been used, broken or if the Products returned are incomplete, then we reserve the right not to offer a refund.
- You are responsible for the SIM Card until they are received by us and subject to satisfactory inspection by us.
- Any and all returns of the Megga SIM Card should be addressed and sent at your own expense to: Customer Services (Returns), iVtta Logistics Limited, Admirals Offices Main Gate Road, The Historic Dockyard, Chatham, Kent, ME4 4TZ. Please note that proof of sending does not mean proof of receipt by us and you may wish to send such items by recorded delivery for confirmation of receipt by us.
- Refunds (where applicable) are to be credited to the Credit or Debit card used for the original purchase after receipt of the returned Products.
- Where applicable, refunds for any Products are where applicable credited to the Debit or Credit Card originally used for the original purchase after receipt of the returned equipment and satisfactory inspection by us. Please allow up to 30 days for the processing of any such refund.
- This policy operates in addition to any other statutory rights you may have as a consumer.