Terms & Conditions
Last Updated: July 2021
uCloudlink
(America), Ltd. , through its affiliates, provides access to mobile data
service and other services to users around the world (“uCloudlink”, “we”,
“our”, or “us”). It is your responsibility to read and understand the following
terms and conditions, including any Local Law Terms (these “Terms and Conditions”) completely and thoroughly. You (the “Customer”)
agree to and accept our Terms and Conditions by purchasing, leasing, installing,
accessing, using or visiting our products, apps, services, or websites
(collectively the “Services”).
If you
are a Customer located in the United States, these Terms and Conditions are
between you and uCloudlink (America), Ltd.
If you
are a Customer located in Singapore, these Terms and Conditions are between you
and Hong Kong uCloudlink Network Technology Ltd.
If you
are a Customer located outside of Singapore and the United States, these Terms
and Conditions are between you and uCloudlink (Singapore) Pte. Ltd., except
where you purchase a Device in which case, in respect of that Device only, the
contractual obligations regarding such Device are met by Hong Kong uCloudlink
Network Technology Ltd.
uCloudlink
may amend or vary these Terms and Conditions from time to time to reflect
changes in law, modifications to or updates of the Services. uCloudlink will
notify Customer by app push notifications or in-app messaging if such changes
materially affect the rights of Customer under these Terms and Conditions.
Changes will not apply retrospectively.
I. Mobile
WiFi Device
1. Customer should use the mobile WiFi device
purchased or leased from us (the “Device”) in a careful and proper manner and
in accordance with the instructions in the user manual for the Device.
2. Customer may order a Device (for purchase
or lease) to be delivered by courier or may arrange to collect the Device at
uCloudlink’s specified sales network as listed here. If you
are located in the United States of America, all deliveries placed after 3pm
Eastern Standard Time Monday to Friday will be treated as being placed on the
next business day. Delivery times and
costs for other locations are available here. Our standard delivery dates are Monday to
Friday (excluding public holidays). Delivery dates are estimates only. As we
process your order, we will inform you if your order is unavailable or will be
delayed for any reason.
3. The purchase or rental price for the
Device will be charged to Customer’s credit card, or collected through other
payment method designated by Customer at the point of sale or lease.
4. If Customer wishes to extend the lease term,
Customer may contact our Customer Service Team at least one (1) working day before expiry of the original lease term. In case
of early return of the Device before expiry of lease term, Customer will not be
entitled to refund of unused mobile data allowances.
5. If Customer cancels a lease order after shipment
of the leased Device, Customer agrees to compensate uCloudlink $19.90 for the
cancellation.
II. Mobile
Data Service
6. Customer acknowledges that the mobile data
allowances purchased by or otherwise made available to Customer via the
Services are provided by third party telecommunication service providers. As
such, uCloudlink cannot and does not guarantee continuous, fault-free operation
of its mobile data service and Customer should consult the relevant terms of
service provided by the third-party telecommunication services provider.
7. After using all pre-paid mobile data
allowances, Customer will be able to purchase additional mobile data allowances
through our website or App.
8. If Customer experiences any difficulty
using our mobile data service, our
Customer Service Teams are available here.
III. Return of
Device
9. When a Device is returned, it should be
returned here in its
original condition with packaging, together with all of its accessories, user
manual and receipt.
10. Unless a different position is set out in
the Local Law Terms, Customer is entitled to return a purchased Device for an exchange, if Customer notifies
uCloudlink within 30 days of delivery of the Device and one or more of the
following conditions is met:
(a) the Device delivered to Customer is not
what the Customer ordered;
(b) the Device was damaged when delivered to
Customer;
(c) the Device is not functioning properly
(d) there is a missing part or accessory of
the Device; or
(e) customer is not satisfied with the product he/she received
11. Unless a different position is set out in
the Local Law Terms:
(a) within three (3) days following the expiry
of the lease term, Customer shall return the leased Device in good working
condition and follow the shipping instructions contained in the Device’s user
manual. If Customer fails to return the leased Device with the above time
limit, she/he shall be subject to late fees specified here.
Such late fees shall accrue on a daily basis from the due date until actual
return of the Device, but the maximum aggregate late fees shall be $100.00/device.
(b) If a leased Device is returned damaged,
Customer shall be charged the following damage fees:
a. If the
Device is not functioning, US$100.00.
b. If the
USB cable for the Device is missing or damaged. US$5.00.
c. If the
pouch for the Device is missing or damaged, US$5.00.
IV. Pricing,
Billing and Payment
12. The rates payable for the mobile data
service are located here (“Service
Charges”). All Service Charges are payable in advance. A record of your Service
Charges paid and data usage can be found on the website and/ or on your app.
13. If you pay for your Services using PayPal,
Braintree, or Stripe, you acknowledge and agree that the processing of such
payment shall be handled by that third party and will be subject to their terms
and conditions and your data will be handled by them in accordance with their
privacy policy. You must review these third party terms before proceeding.
V. Termination
14. The use of all Services may be terminated
or suspended without notice by uCloudlink if uCloudlink has reason to believe
(each a “Termination Events”): (i) that the Device was obtained by any
misrepresentation or fraudulent means; (ii) that any meter in the Device has
been tampered with; (iii) that the Device is or has been used for any illegal
or improper purpose, or in violation of applicable laws; (iv) Customer is in
breach of any of these Terms and Conditions including the payment terms by the
Customer; (v) possible theft; or (vi) there has been fraud or has detected
unusually high usage in accordance with general operating practices and
procedures in the cellular industry. You are not eligible for a refund of any
amounts paid to uCloudlink if uCloudlink terminates or suspends your Services
upon occurrence of a Termination Event.
VI. Fair
Use Policy
15. In some countries, a Fair Use Policy
(“FUP”) may be in place in accordance with the business practices of the local
internet service provider (the local in-country wireless network carrier or
operator). If a FUP is in place, it may limit the transfer of a specific amount
of data over a period of time. Internet service providers (“ISPs”) commonly
apply a cap on the amount of wireless data when an individual user has exceeded
a certain amount of data within a specified time period, which can result in
the ISP restricting the connection speed. The Customer acknowledges that a FUP
may be in place and accepts this possibility, and the Customer will not hold
uCloudlink liable for any FUP, restricting of connection speeds, or related
issues which could affect the performance of the Device or the Customer’s usage
experience. For more information, please see your applicable Local Law Terms.
VII. uCloudlink’s
Liability
16. UNLESS A DIFFERENT POSITION IS SET OUT IN
THE LOCAL LAW TERMS, UCLOUDLINK MAKES NO WARRANTIES, GUARANTEES OR
REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING
WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION OR
FITNESS FOR A PARTICULAR PURPOSE OF THE DEVICE OR DATA SERVICES FURNISHED UNDER
THESE TERMS AND CONDITIONS. EXCEPT AS SET FORTH HEREIN, UCLOUDLINK DOES NOT
REPRESENT THAT CUSTOMER’S USE OF THE DEVICE OR SERVICES WILL BE SECURE, TIMELY,
UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICE WILL MEET CUSTOMER’S
REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICES WILL BE CORRECTED OR THAT THE
SYSTEM THAT MAKES THE SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
17. Unless a different position is set out in
the Local Law Terms and subject to these Terms and Conditions, the Customer
shall be solely responsible for and shall indemnify, defend and hold harmless
uCloudlink, its affiliated companies, and officers, directors, employees,
independent contractors, affiliates, representatives, agents, and other
customers of uCloudlink and its affiliated companies against all claims,
demands and liabilities arising out of or in connection with the lease,
possession, use, condition, operation or misuse of the Device by Customer or
third parties, or of the Services provided hereunder, whether in breach of
these Terms and Conditions or otherwise arising howsoever. This indemnity
provision shall survive the termination of these Terms and Conditions.
18. UCLOUDLINK’S LIABILITY TO YOU IS NOT
LIMITED OR EXCLUDED TO THE EXTENT THAT SUCH LIABILITY CANNOT BE LIMITED OR
EXCLUDED IN ACCORDANCE WITH APPLICABLE LAW. UCLOUDLINK WILL IN NO EVENT BE LIABLE FOR NOR SHALL THE CUSTOMER MAKE
ANY CLAIM AGAINST UCLOUDLINK FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR
EXPENSE OF ANY KIND (INCLUDING LOSS OF PROFITS, revenues, business opportunities, goodwill AND
anticipated savings, and PUNITIVE DAMAGES) WHETHER DIRECT, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL CAUSED BY THE DEVICE OR THE FAILURE OF THE DEVICE
TO OPERATE CORRECTLY OR AT ALL, OR FOR ANY DELAY, FAULTINESS (SUCH AS
DEGRADATION OF SERVICES) OR FAILURE OF THE SERVICES. UCLOUDLINK’S TOTAL
LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL
BE LIMITED TO THE AGGREGATE PURCHASE PRICE THE CUSTOMER PAID FOR THE DEVICE AND
THE MOBILE DATA ALLOWANCES.
19. The Customer shall be liable to uCloudlink
for all expenses, including reasonable attorneys’ fees, collection fees and
court costs incurred in connection with any collection, repossession or other
action brought to enforce uCloudlink’s rights under these Terms and Conditions.
20. uCloudlink reserves the right to
deactivate the Device at any time and without notice to the Customer, in the
event that uCloudlink detects unusually high usage or possible fraud in
accordance with general operating practices and procedures in the cellular
industry, and uCloudlink shall have no liability whatsoever to the Customer for
such deactivation.
VIII. Assignment
21. uCloudlink may, in its sole discretion,
transfer or assign these Terms and Conditions and may novate or transfer any,
all or any portion of its duties under these Terms and Conditions. uCloudlink
may engage subcontractors to carry out any of its obligations under these Terms
and Conditions. You may not assign these Terms and Conditions without
uCloudlink’s prior consent.
IX. General
22. The headings in these Terms and Conditions
are for convenience of reference only and shall not affect the meaning or
construction of the terms and conditions contained herein.
23. No waiver by uCloudlink of any breach of
these Terms and Conditions shall be considered as a waiver of any subsequent
breach of the same or any other provision hereof.
24. These Terms and Conditions constitute the
entire agreement between uCloudlink and the Customer with regard to the subject
matter hereof, and there are no other representations, conditions, warranties,
guarantees, or collateral agreements, express or implied, statutory or otherwise,
concerning the use of the Device or the Services, other than as set forth
herein.
25. uCloudlink is not liable for any lack of
privacy or security which may be experienced with regard to the Services. The
Customer authorizes uCloudlink’s monitoring and recording of data concerning
the Customer’s account or the Services and consents to uCloudlink’s use of
automatic dialing equipment to contact the Customer. uCloudlink has the right
to intercept and disclose transmissions in order to protect its rights or
property as permitted by applicable laws.
26. uCloudlink has a right to amend these
Terms and Conditions where required for security purposes, where there are
changes in applicable law or where there are changes to the underlying service,
provided such changes are not detrimental to the Customer. In such cases,
uCloudlink will send notice to Customer of such changes by email, or by any
other reasonable means.
27. Where there is a conflict between these
Terms and Conditions and the Local Law Terms, the Local Law Terms will
prevail.
28. These Terms and Conditions shall be
governed by and be interpreted in accordance with the laws of Singapore.
29. The Singapore courts shall have exclusive
jurisdiction in relation to all disputes under these Terms and Conditions. For
these purposes each party irrevocably submits to the jurisdiction of the
Singapore courts and waives any objection to the exercise of that jurisdiction.
30. These Terms and Conditions may be
available in languages other than English. To the extent of any inconsistencies
or conflicts between these different languages, the English version of this
Terms and Conditions will prevail.
X. Contact
Us
31. If you have any questions or would like to
talk to us about your use of the Services, please contact us by email at:
· supportus@ucloudlink.com, if
you are located in the US;
· glocalmeconnect@outlook.com, if you
are located in the UK or EU; or
· service@ucloudlink.com, if
you are located in other countries or territories.
Local Law Terms
For all customers in the UK, the following additional
terms shall apply:
1.1 Notwithstanding anything
to the contrary set out in these Terms and Conditions, you are entitled to
return the Device within 14 days of receiving the same, without requiring any
of the conditions set out in Clause III(10) of
the Terms and Conditions.
1.2 All prices are inclusive
of VAT.
1.3 Clauses VII(17), (19) and (20) of the Terms and Conditions
shall not apply.
1.4 The mandatory provisions
of consumer law will apply in addition to the provisions set forth in these
Terms and Conditions and nothing is intended to limit or restrict the rights
and remedies available to consumers at law.
1.5 Clause IX(29) shall not apply and shall be replaced with
the following:
1.5.1 You and uCloudlink
irrevocably agree that the courts of England and Wales have non-exclusive
jurisdiction to settle any dispute or claim arising out of or in connection
with these Terms and Conditions.
For all customers in France, the following additional
terms shall apply:
2.1 Notwithstanding anything
to the contrary set out in these Terms and Conditions, you are entitled to
return the Device within 14 days following the confirmation of the purchase,
without requiring any of the conditions set out in Clause III(10) of the Terms
and Conditions. Please use the following glocalmeconnect@outlook.comto inform uCloudlink of your cancellation before the
expiry of the 14-day period. You may use the following model of cancellation
form:
I hereby give notice that I wish to cancel my order
[please insert the order No. or any elements that would allow us to identify
your order] ordered on [insert the date].
Name
of consumer
Address
of consumer
Email
address of consumer (optional)
Date
You
shall bear the costs of your return. Refund will occur no later than 14 days
from the day we receive the returned Device. We will use the same means of
payment as you used for the transaction, and you will not incur any fees for
such reimbursement.
However,
pursuant to Article L. 221-28 (1°) and (13°) of the French Consumer Code, your
cancellation right does not apply to services provided to you upon your express
request and after expressly waiving your cancellation right.
2.2 Clauses VII(17), (19) and
(20) of the Terms and Conditions shall not apply to Customers in France.
2.3 Where applicable, you may
invoke the legal warranty of conformity as per Articles L. 217-4 et seq. of the
French Consumer Code and the warranty of hidden defects under the conditions
set forth in Articles 1641 et seq. of the French Civil Code.
When you invoke the legal warranty of
conformity: · you
have two years from delivery of the Device to act; · you can
choose between the repair or the replacement of the Device, subject to the conditions
related to the cost of such repair mentioned in Article L. 217-9 of the
French Consumer Code; · you do
not need to prove the lack of conformity of the device during the twenty-four
(24) months following the delivery of the property · The
legal guarantee of conformity applies regardless of the commercial guarantee
that may be granted to you. · You can
decide to invoke the warranty of hidden defects as per Article 1641 of the
French Civil Code. In this case, you can choose either to cancel your
purchase or to ask for a reduced price as per Article 1644 of the French
Civil Code. |
2.4 If you have any concern or would like to
file a complaint, please first contact our customer service team at glocalmeconnect@outlook.com.
The
European Union has implemented a platform for the resolution of dispute related
to the purchase of goods and services online: https://ec.europa.eu/consumers/odr.
For all customers in the USA, the following additional
terms shall apply:
3.1 uCloudlink
reserves the right to invoice Customer to recoup costs associated with the
payment of fees, surcharges, or other contribution obligations imposed on
uCloudlink (which have not otherwise already been paid to uCloudlink by
Customer) by governmental or quasi-governmental bodies in connection with the
sale, installation, use, or provision of the Services to Customer (including,
without limitation, applicable franchise fees, if any). uCloudlink may exercise
such right regardless of whether uCloudlink or its affiliates are required or
explicitly authorized by applicable law to (A) pass through such fees,
surcharges, or other contribution obligations to Customer or (B) collect such
fees, surcharges, or other contribution obligations from Customer. These obligations
may include those imposed on uCloudlink or its Affiliates by an order, rule, or
regulation of a regulatory body or a court of competent jurisdiction, as well
as those that uCloudlink or its Affiliates are required to collect from
Customer or to pay to others in support of statutory or regulatory programs.
For example, Customer may be charged a monthly regulatory recovery fee (not to
exceed uCloudlink’s actual cost for the same) to help defray uCloudlink’s
contributions to municipal, state, and federal programs including, without
limitation, universal service, telecom relay services for the visually/hearing
impaired, and 911/E911 programs and infrastructure. This regulatory recovery
fee is not a tax, and it is not government-mandated. In addition, some
government-related costs, taxes, and fees may be billed separately, all of
which may be changed with or without notice.
For all customers in Singapore, the following
additional terms shall apply:
4.1.1 Notwithstanding anything set out in in Clause
III(10):
4.1.1.1 the reference to “30 days” is replaced with “6
months”.
4.1.1.2 If
one of the conditions set out in Clause III(10) is met or the Device is
defective, the Customer may request uCloudlink to repair or replace the
defective Device;
4.1.1.3 If
the uCloudlink is unable to repair or replace the defective Device within a
reasonable time, or if the repair or replacement amounts to unreasonable cost
to uCloudlink, the Customer may request one of the following:
4.1.1.3.1 Reduce
the price of the defective Device; or
4.1.1.3.2 Refund
for the defective Device.
4.1.2 Clause VI does not
exclude the implied warranties set out in sections 12, 13, 14 or 15 of the Sale
of Goods Act [Cap. 393] (Seller’s implied
undertakings as to title, etc. and implied undertakings as to conformity of
goods with description or sample, or as to their quality or fitness for a
particular purpose).
4.1.3 Clause VII(18) does not exclude liability for death or personal injury resulting from negligence nor liability under Clause III (as amended by these Local Singapore Law Terms) to repair, replace, reduce the price or provide a refund for a defective Device.