Birka Online Ltd, company registered in United Kingdom by #13306077, having its registered address: 1st floor, 14 Bowling Green Lane, London EC1R 0BD, United Kingdom. Here and follows we called our company Birka Online.
Company reserves the right to change these terms of service for any reasons. We may also change our Charges or introduce new Charges. Changes to Charges will be reflected in our Website from time to time.
If a change will be materially detrimental to you, Company will give you at least one month’s notice. If you do not accept a change which is notified to you, then you can cancel this Agreement or cease using the Services or topping-up your Account. If you use the Services or top-up your Account after Birka Online makes a change, then you are deemed to accept the change.
Please check our website regularly for any changes. We may also notify you of changes through advertisement in the national media, by email, by post, or by text message or by other reasonable means. We may also place a voice message on the phone number for our Customer Services Department.
Company: legal entity which mentioned in part Who we Are of this document. From time to time we may use term Company, Birka Online, We as its equivalent.
Website: website https://birka.uk or any its sub- domains.
Each Customer Account have next states:
Registered: Customer registered on Website but not yet activated.
Normal: All services and products available to Customers
Limited: Access to services and products limited by some reasons.
Suspend: Customer have access to management of his profile and top-up services. All other products and services is not available. Phone number associated with SIM Card will be detached and may be reallocated to other Customers of Birka Online. If you want to prevent to loose phone number, please contact our Support ASAP.
Terminated: Customer do not have access to his account on Website. All products and services is not available. Birka Online SIM Card will be deactivated. This account may be restored through personal contact to Company Support.
Deleted: all user information deleted and can’t be restored. This Terms of Service and all other agreements with Birka Online will be terminated in this step.
Agreement: These terms of services, the User Guide accompanying the SIM Card, the Charges published by Birka Online from time to time, including any special offers. This Agreement also includes any terms and conditions set forth in separate pages or documents referenced in these Terms or in which reference is made to these Terms.
An Agreement is deemed made between a Customer and Birka Online when a Customer registers and activates an Account. More about activation procedure you may read in section Activation. The termination this Agreement described below in section Terminate.
Charges: The tariffs applicable for the use of the Services, including any connection fees and special offers. The current tariffs are available at Website and this Agreement.
Customer: Any individual, company or partnership that registers or activates an Account with Website. In these Agreement, the Customer is sometimes referred to as “you” or “your”. Please note, we have additional terms for use our services by legal entities. Please see it on the Website.
Network Providers: The providers of telecommunications networks used by Birka Online to provide the Services to you. We are not a telecommunication operator. All telecommunication services are provided by telecommunication operators in each country where the telecommunication services are being used.
Customer Activities: send a message or data (Internet-traffic), or voice call, or using top-up services or using any other Products or Services of Birka Online that change the balance on Customer Account.
Personal Data: The personal information that you provide to Birka Online or that Birka Online generates, collects, uses, processes and stores about you while providing 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 including your e-mail address, and records of support enquiries made by you.
Products and Services: The Birka Online SIM Card and Birka Online mobile communication services provided to you as described on our Website, and any other products and services offered by Birka Online, including promotional products of third parties if any.
SIM Card: The card containing a microprocessor that allows you to access and use the Services by inserting the SIM Card into a compatible GSM mobile telephone, which is not a part of our products in general but need to be a compatible with the SIM Card.
eSIM is technology which virtually implements SIM Card in compatible hardware of GSM mobile telephone. Here and bellow, “address” in this case depending from context means the email address or other way of electronic communication with customer, or physical residential address of the client, which confirmed for compliance by some ways on Company choice.
Top-Up Services: The services you may use to add credit to the balance of your main account, including the Online Top-Up and Auto Top-Up.
Bonus account: an additional account, which is replenished by the Company with units of remuneration for the fulfillment of bonus conditions for the use of services. More information about this placed on the Website or in other official promo materials. Units on the bonus account can only be used to pay for certain services of the Company. Until the balance of the bonus account is not zero, the bonus units will spend first, then the main account is debited.
Birka Online SIM Card: When the SIM Card has been inserted and activated in compatible GSM phone, and you have registered or activated Account, you will have access to, and be able to use, the Services.
The SIM Card remains the exclusive property of Birka Online. You must retain the SIM Card and not lose or damage it. Birka Online will only replace a SIM Card where it is found to be defective by reason of faulty fabrication or outdated design. Birka Online may charge you for a replacement SIM Card in any other case. It is your responsibility to promptly inform Birka Online of any loss, damage, or theft to your SIM Card, or any fraudulent or improper use of your SIM Card.
If you do not use your SIM Card to make a Customer Activities, for a period of 360 days from the date you registered or activated your Account or your last use of the Services (whichever is later), Birka Online will charge your Account by 0.5 EUR per month as account reservation fee. Customer Activities will stop the account reservation fee charging.
If you make a Customer Activities within the additional thirty (30) day period, your SIM Card will remain active. Any previous credit balance in your Account will remain available for you to use, and you will be able to access and use the Services. In other case Account will be switched to “Suspend” state.
If you do not make a Customer Activities within the additional thirty (30) day period Account will be switched to “Terminated” state.
- The Client will register his account on the Website.
- The Company delivers the SIM card to the Client's address.
- The customer activates the SIM card in his device.
- The Company conducts the Compliance procedure to obtain sufficient evidence to confirm the Client's profile information.
Company is entitled to suspend provision of telecommunications services (and mark status of Account as “suspend”) in the following cases:
- if the Customer connects to the network a Customer`s GSM hardware not compliant with the established requirements, or if the use by the Customer of a damaged GSM hardware affects normal operation of GSM network or of other Customers of the GSM network;
- in any case listed in part Unlawful Use of this Terms of Services.
- if Birka Online reasonably suspect that you do not use our service by your own or some other failure in compliance policy.
- if Birka Online do not receive any response from you within 30 days, when that response was requested and we reasonably suppose you received our notification;
If the account remains in the "suspended" status for more than 30 days without reasonable assumptions on the part of the Company about the possibility of restoring the "normal" status, the Account can be switched to "terminated" and then (within 90 days) to "deleted".
The Customer is entitled to unilaterally repudiate the Agreement (to terminate
the Agreement) in full or as concerns the use of one or more telephone
numbers, by notifying the Company in the following manner:
- by sending an appropriate written application.
- by other means envisaged by the tariffs plan of the.
In this case Account will be marked as “terminated” then will be deleted within 90 days. Refunds are made during this period in accordance with our Refund Policy.
Birka Online shall carry out compliance procedures in accordance with applicable laws. At the beginning and then from time to time, the Company will require the Client to go through compliance procedures to obtain confirmation of the data provided by the Client.
Different Birka Online services may require different compliance procedures. The company at its discretion chooses the method to obtain the necessary confirmations.
If the compliance procedure is not completed, the Company may suspend or terminate the provision of all or some of the services or terminate the relationship with the Client at its sole discretion.
Please see Return and Refund information on our Website.
The Customer will not use the Services for any unlawful, abusive or fraudulent purpose, including, but not limited to, for using the Services in a way that (a) interferes with the ability to provide the Services to the Customer or other Customers; (b) abuses any bonus or promotional program; or (c) violates the applicable law. The Customer will not in any way submit any materials to the Company or otherwise take any action that would, in the Company’s sole determination, interfere with the Services or other Customers, infringe the rights of any third party, or otherwise constitute objectionable conduct.
If the Company reasonably believes that the Customer or any third party is using the Customer’s Account in a way abusing the Services or any of the Company’s bonus or promotional programs or otherwise breaching this Agreement or applicable law, the Company may immediately suspend, restrict, or cancel the Customer’s Account and the Customer’s ability to use the Services or the Product without notice with no refund.
Except to the extent contrary to applicable law, the Customer is prohibited from causing or permitting the reverse engineering, disassembly or de-compilation of the SIM-card, the Services and/or the Product. The Customer is prohibited from reselling, sublicensing or using the SIM-card or the Services to provide service bureau data processing services or to otherwise provide data processing services to third parties. The Customer will not allow the SIM-card or the Services to be used by, or disclose all or any part of the SIM-card or the Services to, any person except the Customer.
The Customer expressly acknowledges and agrees that any applicable export and import laws govern the Customer’s use of the SIM-card and the Services and he or she will neither export or re-export, directly or indirectly, either the SIM-card or the Services, nor any direct product thereof in violation of such laws, or use either the SIM-card or the Services for any purpose prohibited by such laws.
The Customer agrees, at his or her sole expense, to fully defend, indemnify and hold harmless the Company, its parent, affiliates, shareholders, directors, officers, employees, agents and the Providers from and against any and all claims (including without limitation reasonable attorney’s fees) arising out of or in connection with (i) the Customer’s use of the Services, (ii) the Customer’s Account (including the use of the Customer’s Account by a third party) and (iii) this Agreement.
Except for damages caused by the company’s intentional misconduct and/or except where prohibited by law, the company will not be liable for damages that exceed the amount of charges to the customer for the customer’s actual use of the services during the prior one month period. Under no circumstances will the company be liable for any direct, special, consequential, incidental, indirect, exemplary or punitive damages, including, but not limited to, loss of profit or revenues, or increased costs of operation, even if such damages were foreseeable or the company has been specifically advised of the possibility of such damages. In addition, under no circumstances will the company be liable for damages arising out of or related in any way to the customer’s inability to access, or the customer’s difficulty in accessing, the services.
The services are provided "as is" and the company does not make any warranties of any kind, either express or implied, including without limitation any warranties of title, non-infringement of intellectual property, merchantability, technical compatibility or fitness for a particular purpose with regard to any service, products or material provided pursuant to this agreement. The company also makes no warranty that the services will be uninterrupted, error free or meet the customer’s requirements. The company does not authorize anyone, including its employees, agents, providers or representatives, to make a warranty of any kind on behalf of the company and the customer should not rely on any such warranty. The customer expressly acknowledges and agrees that because the services are provided over mobile and internet networks outside of the company’s control, the company has no related liability. The company is not responsible for the content of communications transmitted through the services.
Except for the Customer’s obligation to pay for the Services, neither the Company nor the Customer is liable to the other for any delay, failure in performance, loss or damage due to causes beyond reasonable control, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, acts or omissions of carriers or suppliers, systems failure and acts of regulatory or governmental agencies.
Neither the Company nor the Provider guarantees any level of performance or
general operability of the Services in any coverage area or country.
At the same time, the Company strives to provide high quality services in all countries listed on our Website. We will be grateful for reports of violations in the work of the service in the regions of your stay.
The Company may assign all or part of its rights and obligations under this Agreement to any party at any time. In case of assignment the Company will have no further obligation to the Customer in connection with such assigned obligations.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will continue in full force and effect.
This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between the Customer and the Company with respect to the Services provided hereunder and will supersede and replace all prior or contemporaneous understandings or agreements, written, electronic or oral, between the Customer and the Company. No written or oral statement, advertisement or service description not expressly contained in the Agreement will be allowed to contradict, explain, modify or supplement it.
This Agreement shall be interpreted, governed by and construed in accordance with the laws of United Kingdom. The Customer agrees, in the event any claim or suit is brought in connection with this Agreement, to the exclusive jurisdiction and venue of the courts of United Kingdom. In any action to enforce this Agreement, including, without limitation, any action by the Company for the recovery of fees due hereunder, the Customer shall pay the Company reasonable attorney’s fees and costs in connection with such action. The Customer acknowledges and agrees that this governing law provision applies no matter where the Customer resides, or where he or she uses or pays for the Services. This Agreement is originally written in the English language and the English language version shall control over any translations.
Publication date: April 22, 2022
Effective: April 22, 2022
Previous version: June 1, 2021