1.1 Acceptable Use Policy: The policy governing the use of the Products and Services by a Customer whether required by Cube Móvil or the telecommunications operator of any Network that facilitates access to the Services, which will be notified by Cube Móvil to the Customer. The Acceptable Use Policy is described in clause 5 below.

1.2 Account: The mobile telephone account registered or activated by a Customer that Cube Móvil uses to provide the Products and Services and which records a Customer’s use of the Products and Services.

1.3 Agreement: The contract under which Olamo Mobile provides the Service to the Customer. These general terms and conditions, the Privacy Policy, the User Guide accompanying the SIM Card, and the Charges, including any special offers, constitute an integral part of the Contract. The Customer receives, reads and agrees with the Agreement prior to registering or activating an Account. The Agreement starts when a Customer registers or activates an Account, uses our Top-Up Services or uses our Services, whichever occurs first.

1.4 Charges: The tariffs applicable from time to time for the use of the Services, including any connection fees and special offers. The current tariffs are available at www.cubemovil.es. The tariffs for the Services shall be incorporated into the Agreement. Any subsequent changes to the tariffs shall be communicated to the Customer one month in advance.

1.5 Customer: Any individual, company or partnership that registers or activates an Account with Cube Móvil. In these general terms and conditions, the Customer is sometimes referred to as “you” or “your”.

1.6 Customer Services Department: The department of Cube Móvil that you may contact for any enquiries about the Products or Services. You may contact the Customer Services Department in the following ways:
• dial 3332 from a Cube Móvil Account free of charge
• dial +34 944 344 033 from any other telephone
• visit the website of www.cubemovil.es.
• e-mail the Customer Services Department at ayuda@cubemovil.es.

1.7 Cube Móvil: Olamo Mobile S.L.U. (registration number: B10595999) whose registered office is Calle San Severo 26, piso Bajo, 28042, Madrid, Spain. Olamo Mobile is trading as Cube Móvil. Cube Móvil is sometimes referred to as “we”, “us” or “our”.

1.8 Network(s): The telecommunications networks used by Cube Móvil to provide the Services to you.

1.9 Personal Data: The personal information that you provide to Cube Móvil or that Cube Móvil generates, collects, uses, processes and stores about you while providing the Products and/or the Services, including but not limited to your name, address, date of birth, mobile telephone number, call data records including Traffic Data and Location Data, top-up records, credit card or debit card details, billing records, voice mail recordings, copies of e-mails sent to or by Cube Móvil including your e-mail address, and records of Customer Services Department enquiries made by you.

1.10 Privacy Policy: The policy that describes how Cube Móvil generates, collects, uses, processes and stores your Personal Data. The current Privacy Policy is available at www.cubemovil.es.

1.11 Products: The Cube Móvil SIM Card and Cube Móvil Top-Up Voucher and any other products offered by Cube Móvil, including promotional products.

1.12 Roaming Services: The mobile telephone services that allow you to use services outside of Spain.

1.13 Services: The mobile telephone services that Cube Móvil provides to you to use the Network, including voice calling, messaging and data services, voicemail, calling line identification presentation (CLIP), calling line identification restriction (CLIR), Top-Up Services, Roaming Services, access to emergency services, and the services provided by the Customer Services Department.

1.14 SIM Card: The prepaid and pre-activated card that allows you to access and use the Services by inserting the SIM Card into a compatible mobile telephone.

1.15 Top-Up Services: The services you may use to add credit to the balance of your Account, including the Top-Up Voucher, Online Top-Up and Auto Top-Up.

1.16 Top-Up Voucher: A multifunction voucher (whether in physical or electronic form) containing an 11 digit code that allows you to access and use the Services by redeeming the face value of the voucher.

1.17 User Guide: The guide or documentation supplied with your SIM Card which explains how you may access and use the Services.

1.18 Unlimited Data Plans: a 30 day bundle or plan offered by Cube Móvil which contains the word “Unlimited” and which is subject to certain data speed restrictions once a certain amount of data is used, as specifically detailed in Section 5.6 below.

1.19 Force Majeure: any event beyond the reasonable control of either Party that prevents Cube Móvil from performing its obligations, including, without limitation, any of the following events: acts of God, fires, explosions or floods or other natural disasters, epidemics or pandemics, unavoidable blackouts, war or threat of war, civil disturbances, acts of terrorism or other similar criminal acts by third parties, harmful acts of a network operator, network outages, acts of a governmental, regulatory or industry body or organisation having jurisdiction over the affairs of Cube Móvil, trade embargoes, strikes, lockouts or other industrial action or trade disputes involving parties other than Cube Móvil.

2.1 Cube Móvil will immediately connect you to the Services as soon as you register or activate your Account. As long as you have sufficient credit in your Account, you will be able to continue using the Services until either Cube Móvil or you decide to end the Agreement in the permitted means as provided for in this Contract.

2.2 Cube Móvil will provide you the Services using its own Network and the Networks of one or more telecommunications operators. Occasionally, any of these Networks may be unavailable due to maintenance, modifications, upgrades, emergencies or to protect the security of the Network. At these times the Services may be temporarily unavailable.

2.3 Mobile telephony is a form of wireless communication and operates on the basis of the transmission of radio and signal frequencies. The transmission of these frequencies may be affected by congestion on the Network due to the number of calls or messages or the amount of data being sent and received.

2.4 The transmission of the radio and signal frequencies may also be affected by the location of the base stations, obstacles such as buildings or underpasses, and by external factors such as geographic or atmospheric conditions. The Services may also be affected by the quality of the mobile telephone chosen and used by you.

2.5 The Roaming Services are subject to the roaming contracts and service quality levels that have been agreed between other national and international telecommunications operators. Cube Móvil does not have any control over the contracts or service quality levels agreed between these telecommunications operators.

2.6 For the reasons described above, Cube Móvil does not warrant or guarantee that the Services will be uninterrupted or error free (in terms of Network availability, quality or coverage) in all locations at all times, or that the Services will be suitable for your specific requirements, or that the Services will be completely secure against unauthorised interception.

2.7 Cube Móvil will endeavour to keep any disruption to the Services to a minimum; however, Cube Móvil will not be considered liable for any loss, damage or inconvenience incurred by you as a result of any disruption to the Services for any Force Majeure event.

2.8 Certain types of calls or messages are excluded from the Services, including all premium rate services. We reserve the right to restrict access to these telephone numbers and services. However, if the Customer wishes to use any of these services, they may opt for them by contacting the Customer Service Department.

2.9 We do not guarantee or endorse any third party content that you may access or use. Your use of any third party content is entirely at your own risk. We do not guarantee access to third party content where you access or download the content from the internet or upload or transmit content using the Services.

2.10 Itemised statements of your Account and the record of your use of the Services, including calls and messages made or received and top-up information, are excluded from the Services. You may access this information by logging in to your Account via “My Cube Móvil” at www.cubemovil.es.

2.11 You can terminate the Agreement by contacting the Customer Services Department in writing (by e-mail, by text message or by post). We will confirm the termination of the Services to you in writing. Once your request has been received, the cancellation will be processed within a period of no more than fifteen days.

3.1 The SIM Card is used by inserting it into a compatible mobile telephone. Once the SIM Card has been inserted and your Account has been registered or activated, you will have access to, and be able to use, the Services.

3.2 Associated with your SIM Card is the PIN code (personal identification number) and the PUK code (personal unlocking key). The PIN and PUK codes must never be saved together. You will take every necessary precaution to preserve the secrecy of your PIN and PUK codes. You will be liable for any fraudulent or improper use of your SIM Card or Account that results from the intentional or accidental disclosure of your PIN or PUK code or the transfer of your SIM Card to another person.

3.3 The SIM Card remains the exclusive property of Cube Móvil. You must retain the SIM Card and not lose or damage it. Cube Móvil will only replace a SIM Card where it is found to be defective by reason of faulty manufacture or design. Cube Móvil may charge you for a replacement SIM Card where you have been responsible for the loss or damage of your original SIM Card or where someone has stolen your original SIM Card. It is your responsibility to promptly inform Cube Móvil of any loss, damage or theft to your SIM Card, or any fraudulent or improper use of your SIM Card.

3.4 If you do not use your SIM Card to make a voice call, or send a message or data, or if you do not purchase a top-up using the Top-Up Services, for a period of ninety (90) days from the date Account was registered or activated or from your last use of the Services (whichever is later), Cube Móvil will contact you by SMS or e-mail notifying you that your SIM Card will be deactivated. Cube Móvil will then provide you with an additional thirty (30) days to make a voice call, send a message or data, or purchase a top-up using the Top-Up Services.

3.5 If you make a voice call, send a message or data, or purchase a top-up using the Top-Up Services within the additional thirty (30) day period, your SIM Card will remain active. Any previous credit balance in your Account will remain available for its use, and you will be able to access and use the Services.

3.6 If you do not make a voice call, send a message or data, or purchase a top-up using the Top-Up Services within the additional thirty (30) day period, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.

4.1 The Services are prepaid services. You are required to top-up in advance so your Account has credit. When you use the Services, you will incur Charges. As Charges are incurred, they will be deducted from the amount credited to your Account. You may check your credit balance anytime by calling our Customer Services Department or by logging in to “My Cube Móvil” at www.cubemovil.es. Nevertheless, you are also entitled to request a detailed invoice to be sent to you on paper.

4.2 You pay for the Services by topping-up your Account using any one of the Top-Up Services available at Cube Móvil . You may use the Top-Up Services at any time after registration or activation of your Account. There are several ways that you may top-up your Account:
• You may purchase a Top-Up Voucher at any participating retail outlet and activate the PIN code by following the dialling instructions on the Top-Up Voucher. You may also activate the PIN code for a Top-Up Voucher purchased at an authorised retail outlet by using the Online Top-Up system at www.cubemovil.es.
• You may register your details with Cube Móvil , purchase a Top-Up Voucher online and activate the PIN Code by Online Top-Up.
• You may register your details with Cube Móvil and subscribe to “My Cubemóvil” and the Auto Top-Up facility.
• You may register your details with Cube Móvil and then contact our Customer Service Department.

4.3 If you top-up your Account within one hundred and twenty (120) days from the date you registered or activated your Account or your last use of the Services (whichever is later), the amount of the top-up credit you purchased will be added to the credit balance in your Account at the time of your top-up.

4.4 The credit balance in your Account may only be used for the Services. You are not entitled to receive any cash refund for any credit balance remaining in your Account at any time, including where you fail to use the Services and your SIM Card has been deactivated or where this Agreement has been terminated.

4.5 Interest is not payable on any credit balance in your Account. Each time you use the Services (or someone else uses your mobile phone) the credit balance in your Account will be reduced for the voice call, message or data you are making or sending according to the destination and the current Charges.

4.6 Any new top up credit shall expire ninety [90] days from the date of top-up. For the avoidance of doubt, this does not apply to the existing credit balance in your Account before 5 August 2014.

5.1 You agree to use the SIM Card in a compatible mobile telephone for the purpose of using the Services. Cube Móvil is not the supplier of the mobile telephone. You are solely responsible for any fault with the mobile telephone which may cause interference or problems with the use of the Services.

5.2 You agree to use the SIM Card and the Services:
• as a reasonable, sensible person (bonus pater familias) solely for your own personal use;
• in accordance with the provisions of this agreement, and
• in accordance with all relevant laws and regulations.
You agree not to use the SIM Card or the Services and not to allow another person to use your SIM Card or the Services:
• fraudulently or in connection with a criminal offence;
• for the purpose of making an unsolicited communication or storing or communicating any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax, or which is a breach of privacy, an infringement of copyright, or is otherwise unlawful;
• to cause annoyance, inconvenience or needless anxiety knowingly and deliberately to another person;
• to make or send any illegal, offensive, abusive, indecent, defamatory, obscene, harassing or menacing call or message to any Customer Services Department representative;
• to transmit a virus or other malicious software, use the Services in a manner that impairs the operation or security of the Network or may cause death, personal injury or damage to property;
• with equipment that is not approved for use with the Network, including, but not limited to, SIM-boxes and SIM-gateways;
• to support calls to call forwarding services, onward calling services or calls to telephone numbers which pay a revenue share or resell to others or commercially exploit our Services, or otherwise than in line with the conditions of this Agreement.

5.3 If you do not comply with any of the provisions of clause 5.2, Cube Móvil shall have the right to suspend, partially or fully, your access to the Services and/ or terminate this Agreement without prior notice and with immediate effect. If Cube Móvil terminates this Agreement for this reason, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.

5.4 Upon activation of a SIM Card, the purchase of a Top-Up Voucher or the use of the Top-Up Services, you may be required to register your Personal Data with Cube Móvil, such as your name, address, date of birth, credit or debit card details. If Cube Móvil determines that the Personal Data that you provide is false, Cube Móvil shall have the right to suspend, partially or fully, your access to the Services and/ or terminate this Agreement without prior notice and with immediate effect. If Cube Móvil terminates this Agreement for this reason, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.

5.5 Cube Móvil reserves the right, in its absolute discretion (and without prior notice), to restrict or prevent access to certain websites and services over its Network, including Voice over Internet Protocol (‘VoIP’) services. When we decide to restrict or prevent access under this paragraph, you may receive a message stating that the website or service is “not available”.

5.6 Unlimited Data Plans have no data limit, only a fair/acceptable use policy of a certain amount on 4G internet speed. After this, you continue using the internet at a reduced speed of 512 kbps.

6.1 At your request, Cube Móvil or a third party acting on our behalf will enter your information free of charge in a national or other directory. We are not obliged to verify the accuracy of the information you provide. You may request to have an annotation included in the directory indicating that you do not wish to receive telemarketing calls or messages, and that your personal data may not be transferred for commercial purposes. We will not be responsible if, notwithstanding such annotation, a third party sends you any telemarketing calls or messages.

6.2 Your telephone number will generally be displayed to any person you call, regardless of whether your number is registered in a directory. You may request us to suppress your number permanently or you may suppress the number for each individual call. In some cases, the display or suppression of your number cannot be ensured for technical reasons, e.g. during calls to third party networks, in SMS messages, calls to emergency numbers, or calls to our Customer Services Department.

7.1 Cube Móvil does not accept any liability for the delivery, performance and use of the Products and Services other than as stated in this Agreement.

7.2 Cube Móvil is not responsible for damage or loss or inconvenience incurred by you and resulting from the content of any voice call, message or data sent or received by you.

7.3 Cube Móvil is not responsible for damage or loss or inconvenience incurred by you and resulting from the involvement of a third party, including governmental, judicial or administrative bodies.

7.4 Cube Móvil is not responsible for any damage or loss incurred by you where such damage or loss is indirect, consequential or not a reasonably foreseeable result of a breach by us (such as loss of income or profit, loss of customers or contracts, loss or damage to data); nor where we are not negligent or to the extent that you have contributed to the damage or loss; nor for any damage arising out of simple negligence.

7.5 In the event your SIM Card is lost or stolen, or you believe your SIM Card is being used in a fraudulent or improper manner by another person, you must promptly contact the Customer Services Department. Cube Móvil will then be able to block the use of your SIM Card. If you fail to promptly contact the Customer Services Department, you will be liable for all Charges relating to the use of the SIM Card until you do notify us, regardless of whether the Charges were incurred by you or someone else.

7.6 If there is any failure of any retail outlet to properly activate your SIM Card or Top-Up Voucher or process any payment you make, you should contact the retail outlet where you obtained your SIM Card or purchased your Top-Up Voucher and request a refund.

7.7 You are advised that it is illegal to use a mobile telephone while driving a motor vehicle, and you acknowledge the inherent risk in the use of a mobile telephone while driving a motor vehicle. Cube Móvil is not responsible for damage or loss or inconvenience incurred by you and that results from any accident caused by the use of a mobile telephone while driving a motor vehicle.

7.8 Nothing in this Agreement shall exclude or limit the liability of either Party for death or personal injury caused by that Party’s negligence, or as a consequence of wilful misconduct, fraud, that Party’s gross negligence or any other liability which cannot be excluded or limited by applicable law.

7.9 In the event of temporary disruption of the Service, the Customer shall be entitled to compensation, the greater of: the average amount billed for all services disrupted in the three months prior to the disruption, pro-rated based on the duration of the disruption, or five times the monthly subscription fee or equivalent in force at the time of the disruption, pro-rated based on the duration of the disruption. In the event that the interruption of the Internet service exceeds the duration of six hours between 8am and 10pm, the Customer shall be entitled to automatic compensation, the amount of which shall be the reimbursement of the subscription fee and other fixed fees, pro-rated for the duration of the interruption. The compensation will be automatically included in the invoice for the period immediately following the period in question. However, if the amount to be paid for damages is less than one (1) Euro, the compensation will not be automatic and must be expressly requested by the Customer. In order to claim compensation, the Customer mustsubmit his request for compensation to Cube Móvil Customer Service within one (1) month of the restoration of the Service. If the damage is due and payable, Cube Móvil will credit the Customer’s account in the form of a credit at the time of connection.

7.10 If you incur any damage or loss or inconvenience, you must notify the Customer Services Department in writing as soon as possible.

7.11 Cube Móvil is not responsible for any damage or loss or inconvenience incurred by you, and will not be liable of the provision of Products or Services, as a result of any reason outside the control of Cube Móvil , including but not limited to an Act of God, natural disaster, industrial action, war (whether declared or not), civil unrest or acts of terrorism, acts of government or local authority or regulatory body, or any act or decision made by a court of competent jurisdiction. These reasons are also known as “force majeure”.

8.1 Cube Móvil reserves the right to change these terms and conditions. In the event that a change involves an amendment to the Contract, Cube Móvil will notify you individually at least one month in advance by e-mail, by post or by text message of such change and of your right to terminate this Agreement without penalty if you do not accept the notified change. This right to withdraw can be exercised up to the last day of the month following the entry into force of the change, and in case of a price increase, up to the last day of the month following the receipt of the first receipt after the entry into force of the price increase.

8.2 Cube Móvil reserves the right to amend the terms and conditions of this Agreement due to reasons beyond its control, such as legal or regulatory changes, changes by our Network suppliers or other technical reasons. In this case, article 9.1 will not apply.

9.1 If you have a complaint about the Products or Services you can contact our Customer Services Department in any of the ways set out in clause 1.6 of this Agreement.

9.2 If you feel your complaint has not been successfully addressed within one (1) month, you may contact the Secretary of State for Telecommunications and for the Information Society or the equivalent body of the Autonomous Community of residence.

10.1 This Agreement represents the entire agreement between Cube Móvil and you in relation to the Products and Services. It takes precedence over all prior agreements (written and oral), and all representations or other communications between Cube Móvil and you. The retail outlets are not authorised by us to amend this Agreement or to agree any terms which are inconsistent with these general terms and conditions.

10.2 Failure or delay by either Cube Móvil or the Customer to enforce any right under this Agreement shall not prevent Cube Móvil or the Customer (as the case may be) from taking further action.

10.3 If any term or condition of this Agreement is determined to be partially or wholly void or unenforceable by any court or body of competent jurisdiction or as a result of any legislation, it shall be void and unenforceable only to that extent. The validity and enforceability of the other terms and conditions shall not be affected.

10.4 Cube Móvil is entitled to assign all of its rights and obligations under this Agreement to a third party. You are entitled to assign all of your rights and obligations under this Agreement to a third party with the written consent of Cube Móvil .

10.5 Agreement do not affect your statutory rights.

10.6 This Agreement is governed by, and construed in accordance with, Spanish Law and the Spanish courts will have exclusive jurisdiction over any dispute under this Agreement.

11.1 If you are an user and the Agreement is a distance contract, you have the right to withdraw from this Agreement without providing a reason within 14 calendar days. The time limit for withdrawing from this Agreement shall be 14 calendar days following the day on which you, or a third party nominated by you, takes physical possession of the goods if the Agreement relates to a sale of goods, or 14 calendar days from the conclusion of the Agreement if the Agreement is a contract for services.
To exercise this right of withdrawal you must notify Cube Móvil [Olamo Mobile S.L.U (registration number: B10595999)] whose address is at Calle San Severo 26, piso Bajo, 28042, Madrid, Spain, telephone number 3332 or at www.cubemovil.es, of your definitive decision to withdraw from this Agreement (for example, letter sent by post, fax or email). You may use the attached withdrawal form, although its use is not mandatory. You must ensure that you send the communication by which you exercise your right of withdrawal before the expiry of the deadline noted above.
In the event you withdraw from this Agreement, we shall promptly reimburse you all payments received from you, including top-up vouchers that you may have purchased, and including the costs of postage (with the exception of any supplementary costs you incur where you do not choose the least expensive delivery method that we may specify). We shall in any event reimburse you no later than 14 calendar days after the date that we are informed of your decision to withdraw from the Agreement. Cube Móvil may postpone reimbursement until it has received the goods or until you have produced proof of posting of the unused goods, whichever is the earlier date. Cube Móvil shall make reimbursement using the same method of payment as the method you used when making the original purchase, unless you expressly agree to an alternative method. In any event this reimbursement shall not result in any additional cost for you.
If the Agreement is a contract for services and you have activated services, you shall pay an amount equal to the services already provided at the moment that you inform Cube Móvil that you wish to exercise your right of withdrawal. If you have received the goods, you are required to contact Cube Móvil to obtain instructions for the return of the goods. You shall return the goods at your cost no later than 14 calendar days after the date you notified your decision to withdraw to Cube Móvil. The goods must be returned undamaged and in their original wrapping. If the Services provided already constitute the complete execution of the contract for services, you acknowledge that you lose your right of withdrawal.
You are responsible for all loss of value of the goods beyond use necessary to check the nature and correct working order of the goods.