MILK Mobile Terms and Conditions

Introduction

These Terms and Conditions apply to the installation of an eSIM, purchase of a Bundle, and use of the Services. When you purchase a Bundle, it means that you accept these Terms and Conditions as well as any updates that we may make from time to time by posting a new or updated version of these Terms and Conditions at https://milkmobile.com. If you do not agree to these Terms and Conditions or any update to them, then you must not purchase a Bundle.

An eSIM gives you mobile data without any roaming charges when you are not using your home network, but it does not provide you with a phone number or the ability to place or receive conventional telephone calls (including calls to 911 or other emergency numbers) or to send or receive SMS or text messages.

We understand that Terms and Conditions can sometimes be a bit overwhelming, so we have divided these Terms and Conditions into the following sections:

Explanation of certain words and expressions used in these Terms and Conditions
The Services that we provide via the eSIM
Your use of the Services
Charges
Bundles
Limitation of liability
Cancellation rights
Changes to these Terms and Conditions and to the Services
Use and disclosure of information
Other terms

1. Explanation of certain words

1.1 When the following words and expressions are used in these Terms and Conditions, they have the following meanings:

Account: Your account with MILK Mobile, which enables you to purchase and use the Services.
Bundle: A data allowance that you can use with an eSIM for a specified duration.
Charges: The prices associated with the Services as described in the Price List.
Device: A phone or other device that can send and receive data using an eSIM as set out at https://milkmobile.com.
MILK Mobile, we, us, and our: The Milk Men LTD, a company registered in England and Wales with number 08074433, and its registered office at 91 Peterborough Road, London, SW6 3BU.
eSIM: A virtual subscriber identity module (SIM) that is installed on your Device and enables you to access the Network.
Network: The mobile networks operated by various mobile network operators in approximately 190 countries around the world.
Price List: The list of Bundles available for purchase from time to time as set out at https://milkmobile.com.
Recurring Bundle: A Bundle which auto-renews each time your existing Bundle expires.
Services: The provision of an eSIM and a Bundle enabling you to connect your Device to the internet via the Network.
You, Your, etc.: The end-user customer who places an order for a Bundle and to whom these Terms and Conditions apply.

2. The Services that we provide via the eSIM

2.1 We will provide the Services to you, and you will be entitled to the quality of Services generally provided by a competent mobile data provider exercising reasonable skill and care.

2.2 We grant you a revocable, non-exclusive, non-transferable (whether by sublicense, assignment, or otherwise) license to use the eSIM subject to these Terms and Conditions. The eSIM shall at all times remain the property of MILK Mobile or its suppliers.

2.3 We (or our suppliers, where relevant) reserve the right to:

(a) Restrict access to the Services due to age restrictions.
(b) From time to time vary the technical specification of the eSIM or the Services whether for safety, regulatory, statutory, or other reasons.

2.4 Please see https://milkmobile.com for details of what countries the Services are available in.

3. Your use of the Services

3.1 You must at all times:

(a) Comply with these Terms and Conditions (as updated from time to time).
(b) Ensure the information you have provided to us is accurate and up to date, including your email address and your mobile phone number from your country of residence.
(c) Not do anything or permit anyone else to do anything that we reasonably think adversely impacts the Services available to other MILK Mobile customers.
(d) Not be abusive, make threats, repeatedly cause a nuisance or annoyance, or otherwise act illegally towards our employees, agents, or property.

3.2 You understand and agree that:

(a) The availability and quality of the Services may be affected by things we cannot control such as physical obstructions, geographic or atmospheric conditions, or outages on the Network which are not within our control.
(b) We, our suppliers, or the providers of the Network may from time to time need to carry out upgrade or maintenance work on the Network which may affect the availability and/or quality of the Services. We will try to keep any disruption to a minimum, but this may not always be within our control.
(c) The eSIM does not have a PIN code by default and you are solely responsible for managing access to the eSIM and paying the Charges, whether or not use of the eSIM has been authorized by you.
(d) Your eSIM may be disconnected unless at least once every 18 months your eSIM is used to make at least one connection to the Network. If your eSIM is disconnected due to inactivity, you will lose any remaining credit or allowance on your Bundle. Your eSIM may be canceled if you have not purchased a Bundle in the previous 18 months.
(e) You must not do anything likely to impair, interfere with, or damage or cause harm or distress to the Network or the technical infrastructure provided by our suppliers.
(f) Our suppliers may use a roaming steering platform to direct traffic to their preferred roaming partners’ networks in a given country. Unless MILK Mobile requests you to do so, you must not reject this roaming steering by switching to manual network selection and selecting a network of your choice. Our suppliers shall have the right to perform dynamic over-the-air (“OTA”) updates for the eSIM to adjust the roaming parameters if required.

3.3 To use the Services, you must ensure your Device is compatible. You can find a list of the Devices which are compatible with the Services at https://milkmobile.comesim-compatibility/.

3.4 You may only use the eSIM on one Device at a time. If you transfer the eSIM to a new Device, you must first uninstall it from your current Device. You may transfer the eSIM to a new Device up to five times.

3.5 You will not use or permit anyone else to use the Services:

(a) For any form of automated usage of mobile services.
(b) In such a way that adversely impacts the services to other MILK Mobile customers.
(c) Fraudulently, illegally, or in breach of any law or statutory duty.
(d) To send a message or send, upload, download, use, or re-use any material which is offensive, abusive, indecent, defamatory, obscene, or menacing, a nuisance (including to our staff), or a hoax, in breach of any rights or privacy, or otherwise unlawful.
(e) To cause annoyance, inconvenience, or needless anxiety as set out in the Communications Act 2003.
(f) To persistently send unsolicited communications.

3.6 If your Device is lost, stolen, damaged, or destroyed, or used without your authority, you must contact MILK Mobile immediately and cooperate with us in our reasonable security and other checks.

3.7 If we reasonably suspect that you are not acting in accordance with these Terms and Conditions, we reserve the right to:

(a) Impose additional Charges and/or Network protection controls (which may reduce your speed of transmission).
(b) Remove a Bundle from your Account.
(c) Block access to the Network, which will prevent you from accessing the internet.
(d) Prevent you from purchasing further Bundles.

3.8 In addition, we (or our suppliers) are entitled to suspend the Services (in whole or in part) in the following circumstances:

(a) If you are in breach of these Terms and Conditions.
(b) If we have reasonable cause to suspect fraudulent use of a credit or debit card or other payment method.
(c) If you have told us, or we reasonably suspect, that your Device has been lost or stolen.
(d) For operational reasons or in an emergency or for your security.
(e) To comply with legal or regulatory requirements or if we are required to do so by emergency services or other competent authority.

3.9 You must tell us immediately by contacting our customer services here if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Services, and you will at our request immediately stop the act or acts complained of. If we ask you to, you must provide us with the details of the claim(s) in writing.

4. Charges

4.1 In return for your payment of the Charges, we will provide you with the Services.

4.2 You can pay the Charges using a debit or credit card or other payment method that MILK Mobile accepts. By using a debit or credit card or other payment method, you confirm it is yours or you have permission from the account holder or cardholder to use it.

4.3 We may increase or decrease the Charges at any time. You can check the current Charges in the Price List.

4.4 It is your responsibility to ensure your debit or credit card account has sufficient funds to pay for the Charges. We shall not be responsible for any additional charges which may be imposed on you by your bank or card issuer.

4.5 We shall have no liability to you in respect of any loss incurred as a result of delayed or incorrect payment for a Bundle.

4.6 Refunds can only be processed to a saved, valid debit or credit card. We shall not be liable for any delay in processing refunds if you fail to register a valid debit or credit card to your account. We reserve the right to request proof of identification prior to processing a refund if we deem this to be necessary.

4.7 If your Device is lost or stolen:

(a) It is your responsibility to contact us as soon as possible and to cancel any Recurring Bundle associated with your Account; and
(b) We have no obligation to refund you in respect of any credit or active Bundle on your Account.

4.8 Charges include VAT.

4.9 If you have used a referral code for your first purchase, you agree to the Terms and Conditions for our Refer and Earn promotion.

5. Bundles

5.1 A Bundle lasts for a fixed period of time starting from either the moment you activate your Bundle via your Account or from such later date and time zone that you specify. If you have any remaining Bundle allowance at the end of this fixed period, it will expire and will not be rolled over into a subsequent fixed period.

5.2 Where you have an active Bundle on your Account, each time you use the Services your Bundle allowance will be reduced according to the amount of data used. We will normally send you an alert notifying you when your Bundle allowance is close to being depleted.

5.3 We reserve the right to remove or vary the terms and/or allowance of any Bundle (activated or not) from time to time where reasonably necessary (e.g., to improve the Services or to manage our costs). Where we vary the terms and/or allowance of a Bundle you are using to your material disadvantage, we will notify you of this by email 30 days prior to the change. For queries/complaints please contact our customer services here.

5.4 Once the Cooling-Off Period has expired, you are unable to cancel or claim any refund in respect of a Bundle. This does not affect your legal rights.

5.5 Bundle allowance details and associated terms can be found in the Price List.

5.6 Payment for each Recurring Bundle will be taken each time a new Bundle is activated on your Account, at which point we will notify you such payment has been taken by email.

5.7 You must ensure the payment method details on your Account are kept up to date at least 24 hours in advance of the application of a Recurring Bundle.

5.8 We shall be entitled to suspend, terminate, or change your Recurring Bundle selection at any time for any reason and will give you reasonable notice of this where possible.

5.9 You can cancel a Recurring Bundle at any time from your Account. You will still have any remaining data until the Recurring Bundle expires.

6. Limitation of liability

6.1 Our liability shall not be limited to you in respect of death or personal injury to any person resulting from our own negligence and any other type of liability which we cannot exclude or limit under the laws of England and Wales.

6.2 Subject to Clause 6.1, we have no liability to you:

(a) Other than to exercise the reasonable care and skill of a competent mobile data provider;
(b) If we cannot provide the Services to you because of something beyond our reasonable control;
(c) For losses that have not resulted naturally from our breach or that we could not have foreseen;
(d) For loss of profit, loss of business, costs, expenses, or any other form of financial loss;
(e) For any loss of income or loss of revenue;
(f) For any loss of data in connection with your use of the Services; or
(g) For the deletion, loss, or corruption of any content transmitted via the Network unless caused by our negligence.

6.3 Subject to Clause 6.1, our liability to you under the Terms and Conditions will not exceed £100.

6.4 We will provide you with compensation that you are entitled to in accordance with your legal rights.

7. Cancellation Rights

7.1 You are entitled to cancel your purchase at any time but before you start using the Services (the “Cooling-Off Period”) provided that you contact our customer services here.

7.2 Subject to and in accordance with clause 8, we may make changes to these Terms and Conditions. If the changes we make are not to your exclusive benefit, we shall notify you 30 days in advance of the change and your right to cancel. If you do not accept the changes, you may leave MILK Mobile without incurring any additional costs before the changes come into effect by giving us notice in accordance with the instructions set out in our notification.

7.3 Your right to cancel without incurring any additional costs will not apply if we make any changes to the Charges, Services, or these Terms and Conditions that are exclusively to your benefit or for the following reasons:

(a) The change is due to a change in law (including a change required by government or a competent regulatory body) that applies to us and/or the Services or products we provide. This includes any increase in the rate of VAT, the imposition of new tax, or the extension of an existing tax that has not been previously applied; or
(b) The change is purely administrative and has no negative effect on you.

8. Changes to these Terms and Conditions

8.1 We reserve the right to change our Terms and Conditions from time to time. We will notify you of any changes to these terms by posting them on our website at https://milkmobile.com. We may also notify you by means of national advertising campaigns or by email. Your use of the Services following notification of changes to these Terms and Conditions means that you accept such changes.

9. Use and Disclosure of Information

9.1 Your personal information is treated in accordance with our Privacy Policy.

9.2 You authorize us to use and disclose information about (i) you, your use of the Services (including but not limited to email addresses and other data communications made and received by you and the date, duration, time, and cost of such communications), (ii) how you conduct your Account, and (iii) the location of your Device, in each case for the purposes of operating your Account, providing you with the Services, and as required under law to our associated companies or agents, any telecommunications company, debt collection agency, or credit reference agency. You agree that the information may be used for crime and fraud detection and prevention.

9.3 Neither we nor third parties will ever send you marketing information unless you have positively consented to our doing so.

9.4 You can change your marketing contact preferences at any time by unsubscribing to any marketing email received. Neither we nor third parties will ever send marketing information to customers who are opted out of receiving it.

10. Other terms

10.1 If either of us fails to enforce our rights under the Terms and Conditions, it shall not prevent either of us from taking action later.

10.2 Each clause in these Terms and Conditions operates separately. If any clause or part of a clause is found by a court to be unreasonable or inapplicable, the other clauses or parts of the clause will still apply.

10.3 These Terms and Conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales.