Any purchase by you of products or services and/or use of our Website is conditional upon your acceptance of the following terms and conditions which incorporate our Privacy Statement. If you do not accept any of these Terms and Conditions or our Privacy Statement, please do not proceed with the purchase of products or services from Movifresh, or continue to use our Website. We will take your continued use of the Website after reading these Terms and Conditions as an indication that you have accepted them. Our products and services and the use of our Website is only intended for individuals who are over 18 years of age. If you are not 18, then you should not purchase our products and services or use our Website. Movifresh may need to update these Terms and Conditions from time to time. Movifresh recommend that you visit our Website regularly to make sure that you are up to date with our latest version.
Distance selling & consumer rights
For non business customers, the Office of Fair Trading has regulations which govern distance selling and any private consumers should be aware that you have rights under these Distance Selling Regulations (DSR). Whilst requests for home phone services are placed through this site it is important to note that you will be contracting with your chosen home phone service provider and that the service provider will be supplying your chosen home phone services. Our ordering process and confirmation email has details on how to cancel orders placed through this site and please note that these are in addition to your rights to cancel your order directly with the home service provider under the DSR. The home service provider will furnish you with information on these rights.
Personal information (individuals only)
Prices & Payment
Prices for telecom services are set out on the Website. They are set out in Euros by the Spanish provider and exclude IVA Spanish tax at the current rate. Movifresh may change the prices at which it offers goods or services at any time before individual purchases are made. In respect of subscription prices and other goods or services provided by Service Providers with whom you contract with or without our assistance, these Service Providers set and are responsible for their prices. You should check with the Service Provider that the relevant prices are accurate at any time that you enter into an agreement with them.
For details of the current set service fee for our application service please see our Website. The price of individual purchases will be confirmed by you.
When you sign up for a service from a Service Provider, your card payment details and Spanish bank account details are required in order to complete your application and to debit our service fee. Please note that the sole responsibility for making any other payments to the Service Provider lies with you and you will be subject to the terms and conditions of that Service Provider in respect of its services. Movifresh shall be under no obligation for the transmission of such payments. Movifresh may introduce additional or new charges for the Services and any additional services which it might introduce in the future. If such charges are introduced, you will be advised as to what these charges might be prior to you being charged for the Service or being allowed to access any new services.
Service fee refunds
Please note that when Movifresh process your application to sign up to receive a service from a Service Provider we are acting as an agent for the Service Provider. All Services are supplied in accordance with the Service Provider's specific ability to provide a service. If you choose to cancel your petition for service whilst in progress, the service is not refundable. If a service or an alternative service cannot be offered by the service provider, then the service fee will be refunded in to your Spanish bank account within 7 days of the written intention of Movifresh to do so.
Please note that when Movifresh process your application to sign up to receive a service from a Service Provider we are acting as an agent for the Service Provider. All Services are supplied or delivered in accordance with the Service Provider's specific terms and conditions. You will need to make the necessary arrangements to accept a visit from a telecom engineer or courier and look at their terms and conditions to find out what your rights are. Movifresh accepts no responsibility for the acts or failures of a Service Provider.
Please note that when Movifresh process your application to sign up to receive a service from a Service Provider we are acting as an agent for the Service Provider. All Service providers will provide you with the maximum quality and speed available on your line.
The actual quality and speed of your ADSL service is subject however to factors beyond the control of the provider, such as the distance to your telephone exchange and the cabling of your urbanisation/ zone. Movifresh accepts no responsibility for the acts or failures of a Service Provider.
In addition to the DSR, you have rights enforced by Ofcom's General Condition 24. You have the legal right to cancel your petition for service. Please see service fee refund policy.
Intellectual Property Rights
All materials, including images, illustrations, designs, site layout, photographs, written and other text or script that are part of this Website or other promotional materials of Movifresh together with all software compilations, underlying source code and software in the site are protected by copyright, trade mark, design right and/or other worldwide intellectual property rights and are owned or controlled by or licensed to Movifresh. You are granted a non-exclusive and non-transferable licence to use the software contained in this Website and the other above mentioned intellectual property rights or for the purposes of using the Website or Call Centre and the Services and no other services. You are not allowed to store or reproduce any part of the Website in any other website or include it in any public or private electronic retrieval system or service without Movifresh 's express prior written permission. Additionally, you may not publish, transmit, publicly perform, distribute, display, sell or participate in any sale of or exploit in any way, any of the contents, the site, or any related software in whole or in part without our express prior written permission. All rights that we have not mentioned above to be granted to you are reserved by Movifresh.
Links to Third Parties
We may provide links to third party websites that we believe may be of interest to you. We do not control or vet these websites and therefore we cannot accept liability in respect of either their contents or your use of these sites.
Although Movifresh will do all that it reasonably can to ensure that the information provided by Our suppliers is accurate and up-to-date in respect of Service Providers and other third parties whom We introduce you to, the responsibility for accuracy, completeness, fitness for purpose and legality lies solely with the suppliers of such products and services. You recognise that such information may not be updated every day and that the responsibility for checking the accuracy of such information with suppliers prior to application or acceptance of any offer made lies solely with you.
Warranties or liabilities
We do our best to keep our Website up to date and safe to use but cannot guarantee that the Website and its contents are completely free of technical errors, viruses or anything else that may have a harmful effect on your computer or any technology. We will do our best to allow you uninterrupted access to the Website 24 hours per day, but please note that access may be suspended, restricted or terminated at any time including to undertake maintenance services.
Save in respect of personal injury or death caused by our or our employee's negligence or for fraudulent acts, Movifresh will also have no liability to you for any loss, expense or damage arising which is not directly caused by Our or our employees' acts or omission including (without limit) loss of income, goodwill, data, contracts or profit or any other indirect or consequential loss suffered as a result of your use of the Website or our Services, even if we are aware of the possibility of such loss.
Additionally, neither of us shall be liable to the other for a breach of these terms and conditions or an act or omission to the extent that the delay or failure is due to a cause beyond our reasonable control (such as, without limitation, flood, fire, third party strikes or terrorist act). Movifresh's total liability in respect of any individual claim made by an individual arising in connection with these Terms and Conditions and the use of the Website or our Services shall not exceed five hundred pounds (£500) Sterling [or £10,000 Sterling in the case of damage to physical property].
Movifresh does not however exclude or limit our liability in respect of death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. Any defective equipment, software or other product not supplied by Simplifydigital or its agents or principals. No part of these Terms and Conditions are enforceable by anyone who is not a party to them in accordance with the Contracts (Rights of Third Parties) Act 1999.
You agree that any material transmitted by you whilst using the Website or our Services (other than by way of private correspondence or material which amounts to Personal Data under the Data Protection Act 1998) becomes available for all commercial and non-commercial use by Movifresh in connection with its and its sub-contractors provision of the Services without royalty for copy, modification, adaptation, translation and world-wide distribution. You agree without limitation not to use (or allow another party to use) the Services or the Website to:
Transmit or receive any material which could reasonably be regarded as fraudulent, grossly offensive, indecent, unlawful, libellous, obscene, pornographic, blasphemous, defamatory, threatening, abusive, in contempt of court, in breach of copyright or any other objectionable or inappropriate material; or
Restrict, inhibit, interfere with or prevent any other persons from utilising the Service; or
Transmit or display in any manner anything which is intended to adversely impact on any individual, group, ethnic orientation or entity; or
Display or transmit any solicitations, advertisements, chain letters, pyramid marketing schemes, investment propositions or any unsolicited commercial messages whatsoever; or
Transmit to or from the Website any material which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in the UK or any other country in the world; or
Transmit to or from the Website any material for which you have not obtained all necessary licences and/or approvals; or
Transmit to or from the Website, any material which is technically harmful (including without limitation, computer viruses, corrupted data or other malicious software or harmful data).
Restrictions of Use
You shall not re-use or resell the Services or the Website:
to sell or otherwise offer for sale any products, goods or services without the written consent of Movifresh and/or its suppliers, partners or providers; or
to provide false data including names, addresses, credit card details and similar data in a fraudulent manner; or
to access data not intended for the general public by hacking, cracking or by any other means of circumventing the Simplifydigital security system or logging in to any area not designated for customer access.
Either We or you may immediately terminate or suspend any or all the Services that we provide or receive by sending written notice to the other (including by e-mail) if the other:
Fails to comply with a material provision of these Terms and Conditions and fails to remedy the breach within 30 days of written notice from the other (where the breach is remediable); or
Becomes insolvent, bankrupt or any analogous event or is unable to pay debts as they fall due.
Movifresh may also immediately terminate or suspend these Terms and Conditions if it has reasonable grounds to suspect fraudulent activity by you or on your behalf. Should the Service be suspended by it Movifresh may decide not to restore any or all the Services to you.
If any provision of these Terms and Conditions is found to be void or unenforceable for any reason by any court of any competent jurisdiction, the provision in question shall be ineffective. This does not affect the rest of the Terms and Conditions which shall still remain effective and enforceable.
This agreement is personal to Movifresh and you. Neither Movifresh or you shall assign, transfer or delegate any of your rights or obligations under these Terms and Conditions to any other person or entity without the written consent of the other (such consent not to be unreasonably withheld or delayed) EXCEPT THAT Movifresh may assign its rights and obligations under these Terms and Conditions to a third party in the event of a trade sale or group re-organisation so long as it promptly notifies this fact to you.
Governing law and jurisdiction
These Terms and Conditions are governed by the laws of England and Wales. By using this Website you agree to be bound by the exclusive jurisdiction of the courts of England and Wales.
Movifresh Limited is committed to ensuring that your privacy is protected. This Privacy Statement explains how Movifresh uses the information it collects about you and the procedures that Movifresh has in place to safeguard your privacy. It applies solely to the information that We collect about you through our Website and/or Customer Service Operators and also forms part of our Terms and Conditions (the "Terms and Conditions"). Movifresh may need to update the Privacy Statement from time to time and when We do so, We will place a notice on our Website to let you know what parts of the Privacy Statement have been changed.
Processing a transaction between you and a third party
If you place an order for a service with a third party (for example a home phone order) through our website then we will collect your personal information and provide this only to that third party to facilitate the transaction you have requested.
This data is collected and stored securely and is deleted from our records after the transaction has been processed by the third party provider.
Rest assured, all personal information will be collected in accordance with our obligations under the Data Protection Act 1998.
Will your personal information be passed on to anyone else?
As We mentioned above, Movifresh may help to process your application to sign up with a Service Provider. We will pass your personal information on to the Service Provider if you sign up with them through us.
Additionally, Movifresh may pass your personal information on to third parties to allow Us (or such relevant third party) to comply with our (or its) legal obligations in relation to the provision of the services offered by Movifresh. As such, the personal data of customers who have entered into an agreement with Movifresh for Service Plans may be passed on to the service supplier, Movistar, Dial Direct and Hits Telecom. Movifresh may also pass personal information collected in relation with a contract for Installation Services on to the individual installer of the equipment to allow them to perform their contractual obligations.
Your personal information may also be used to contact you from time to time by post, phone or electronic mail to provide you with additional information about digital services which Movifresh considers may be of interest to you. Additionally, Movifresh may use anonymous information to compile statistical information about its customers to help it to improve the content of the Website and make it more relevant and more useful to Movifresh's customers generally. Movifresh will not hold your information for any longer than is necessary.
If you would rather not receive direct marketing, this material or be contacted in this manner please make this clear when registering with us; by advising your customer advisor that you do not wish to receive this information, or by not ticking the relevant consent box when registering through our Website. Alternatively, you can write to Us at the Contact Address above informing them of your decision.
Movifresh will not sell, share or rent your personal information to third parties in ways different from those disclosed in the Privacy Statement, however, please be aware that Movifresh may disclose information which is provided by you where required to do so by law or in connection with legal proceedings.
Movifresh may pass details of your personal data on to a legitimate third party if We are under a duty to do so in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions, or to protect the rights, property, or safety of Movifresh, our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
If you ask Us in writing, Movifresh will provide you with details of the information held by Movifresh about you. Please write to the Contact Address above. Please don't forget to enclose a cheque for £10 (made payable to 'Movifresh') to cover our costs for providing this information; without it, We won't be able to supply your information.
Much like other websites, We use 'cookies' to collect information about your computer and help Us to make your web-experience better. A cookie helps Us to monitor your use of the Website and collect information about your computer and your use of the internet. We use this information to improve our site and deliver a better service to you.
The Website contains links to other websites. Equally, other websites may provide links to our Website. Movifresh is not responsible for the content of other websites and cannot guarantee that they will protect your personal information. Movifresh encourages you to read the privacy statements of each and every website that you use if you are asked to provide personal information.
Correcting/updating/removing personal information
If your personal details change or if you no longer wish to receive information from Movifresh, please write to Movifresh at: email@example.com