Terms & Conditions
In these terms and conditions:
i. "Card" refers to an MPULSE Qwik Charge Card or SIM card;
ii. "Card Number" means the Serial Number printed on each Card;
iii. "PIN" means the Personal Identification Number printed on each Card;
iv. "PUK Number" means the PIN Unlocking Key printed on each Card.
v. "Company" refers to GTA MPULSE.
vi. "Customer" is defined as the subscriber or user of MPULSE Prepaid GSM Service.
1. The Customer is deemed to have accepted these terms and conditions at the point of sale of a Card and agrees to be bound by them. The Company reserves the right to modify the Terms and conditions at any time which will be posted at www.gta.net.
2. "Services" means mobile telecommunications services provided or to be provided by the Company to the Customer, including any value added features which MPULSE may introduce from time to time and to which the Customer has subscribed and/or used. The Service is subject to changes by the Company from time to time without notice to the Customer.
3. Voice usage for each local and long distance call is deducted in full minute increments with partial minutes rounded up to the next full minute at the end of each call. Data usage is deducted in full-kilobyte increments with partial data usage rounded up to the next full kilobyte at the end of each data session. Text messages are deducted on a per message sent basis. Prices are subject to change. 900 numbers are not available.
4. Subscriber is responsible for any local or federal government mandated taxes, surcharges, fees, and regulatory cost recovery charges.
5. Weeknights are Monday through Thursday 7:00pm to 6:59am the following morning. Weekends are Friday 7:00pm to Monday 6:59am. All other times are Peak periods. Determination for weeknight and weekend calls is based on when the call is initiated or received.
6. The number printed on each Card (comprising the PIN or PUK Number) is unique to that Card and the Customer shall be solely responsible for safeguarding such number or any other access number or password from any unauthorized use. The Company shall not be liable to the Customer for any losses, damages, claims, liabilities, costs or expenses suffered or incurred by the Customer resulting from the theft, misuse or unauthorized usage of the number printed on the Card or other related services such as web access.
7. Every Card, once purchased, is not refundable and has no surrender value. The Company is also not obligated to refund any unused portion of the card value whether before or after its expiry date.
8. Each Card has an expiration date after deposit into the customer account. A $5 card expires 15 days after deposit into an account. A $10 card expires 30 days after deposit into account. Both $20 and $50 cards expire 60 days after deposit into an account. When depositing a Qwik Charge card into an account with a valid balance, the greater of expiration dates shall apply. In the case of a Qwik Share, the greater of expiration dates shall apply. When purchasing a deposit using a credit card, the expiration date shall be 60 days from deposit regardless of the amount purchased. Unused airtime will be forfeited unless used by expiration date.
9. Charging commences as soon as the call, data, or text message is processed or received by the Customer.
10. Customer does not own the phone number. Company reserves the right to terminate an account and reclaim the phone number 60 days after the account has expired.
11. The Customer shall use the Card and the Services in accordance with local and federal law and The Company shall not be liable for any losses, damages, claims, liabilities, costs or expenses suffered or incurred by the Customer resulting from the failure by the Customer to do so. The Customer shall indemnify the Company from any losses, damages, claims, liabilities, costs (including legal costs on a full indemnity basis) and expenses suffered or incurred by the Company as a result of or arising from the misuse or wrongful usage of the Card.
12. The due performance by the Company of the Service is subject to suspension, variation, cancellation or determination by the Company by reason of war, riots, fire, flood, strike, lock-up or any other causes beyond the Company's control. In the event of suspension, variation, cancellation or determination of the Services arising from any such cause, the Company shall not be liable for any damages (whether direct, indirect, special, consequential incidental or otherwise), including, without limitation, damages for loss profits or business resulting or arising from such suspension, variation, cancellation or determination.
13. The Company makes no warranty, expressed or implied, with respect to the Services provided hereunder and expressly disclaims any warranty of merchantability, description or fitness for any particular purpose or function.
14. In no event shall the Company be liable to the Customer or any third party for: (i) any loss of revenue, profits savings, business or goodwill, and (ii) punitive, exemplary, proximate, consequential, or incidental damages and expenses of any type or nature suffered or incurred by the Customer or any third party as a result of or arising from any breach or default by the Company of the terms and conditions hereunder and the provision of the Services.
15. Without prejudice to clauses 5 to 8 above, the liability of the Company to a Customer; whether in contract, tort or otherwise, in relation to the Card shall be limited to the price of the Card.
