GoMo’s e-store Terms & Conditions
1. Introduction
The present Terms and Conditions apply to the creation of a contract for the provision of services through the website of GoMo (which is a registered trade name owned by Epic Ltd, with registration number EE59153) (“GoMo”, or “us”, or “we”, or “our”). Epic Ltd is a company registered in the Republic of Cyprus with registration number HE 141156, registered office address at 16 Kyriakou Matsi Avenue, Eagle House, 10th floor, 1082 Agioi Omologites, Nicosia, and headquarters at 87 Kennedy Avenue, 1077 Nicosia, with VAT registration number 10141156Y.
Our website www.gomo.cy (“our website”, a term which includes “MyGoMo”) is our official web page and includes our online store, where you can purchase our services and you can navigate through our selfcare portal MyGoMo (“MyGoMo”).
To use our website, and to be able to purchase any service, you should be at least 18 years old. Our website serves only customers within the Republic of Cyprus.
You are responsible to study the terms and conditions carefully prior to using our website. Use of our website entails unconditional acceptance of the present terms and conditions. In case you do not accept the present terms and conditions, you should not proceed with the use of our website for the creation of a contract with GoMo.
We may exercise our right whenever we deem it necessary, to amend or update the present terms and conditions in accordance with all applicable legislation.
2. Contract
Pre-contractual information (also available here for ease) forms an integral part of the subscription contract signed for our services together with any special or additional terms which govern the product or the service (“Contract”).
The Contract between us is completed when the necessary documents are provided and signed (including the subscription contract or any terms of service). In the event that a delivery of a SIM card that is necessary for the activation of the service is made to a chosen address, the necessary documents must be signed and prescribed upon delivery; therefore, the Contract is completed out of store.
3. Index – Information – Products
We are continuously working to ensure that the information provided on our website about our services is correct. We cannot guarantee that the information (including the translation of our website or “My GoMo” content to other languages, excluding the Greek language) that is contained in our website are sufficient, precise, reliable or complete, and deny any liability for such information and/or for such possible mistakes or omissions.
4. Limitation of Liability
We bear no liability to you for any damages that may occur due to the execution of or failure to execute your order. We reserve our rights regarding the delivery time of the products in cases of Force Majeure according to clause 20(ΙΙΙ) below.
We provide the content and services available in our website, on an “as is” basis, with no warranties, representations, conditions or other terms whatsoever, express or implied. We and our directors, officers, employees and agents expressly disclaim all warranties, representations, conditions, as well as other terms in respect to our website, either express or implied or silent, including but not limited to, the implied warranties of merchantability, correspondence to description, fitness for a particular purpose, or non-infringement.
We do not represent or warrant that your access, use, functions or content of our website will be uninterrupted or error-free, that the contents will be correct, accurate, reliable, meet your requirements, or that there will be no delays, failures, errors or omissions or loss of transmitted information.
In no event do we bear any responsibility for any legal claim (civil and criminal) for damages whatsoever (including without limitation direct, indirect, special, consequential), or other equitable compensation/remedy of any form (which, includes but is not limited to loss of business, profits, data, or other loss or other damage of any kind), which is caused by your use or inability to use our website, or any action or decision made by you in reliance on our website and its contents, or any unauthorised use of our products and services we offer, and due to failure to provide services and information available through the eStore and/or due to any unauthorized third-party interventions in our products and/or services we offer.
Our website may include links to third party websites. Links to third party websites are solely for your convenience. If you use these third-party links, you leave our website, and our terms of use and all terms and conditions of our website cease to apply. We do not control, and take responsibility whatsoever for such third-party websites, nor do we endorse or authorise or approve the third-party content thereof. We do not represent or warrant that the information accessible on those websites via our website is accurate, complete or current or that the use of that third-party website is free of risk or other damage. Accordingly, these third parties have full (civil and criminal) responsibility for the safety, legality and validity of the content of their websites and services, excluding us from any liability.
5. Copyright
Our website is the official online store of GoMo. The entire content of our Website, including pictures, graphics, designs, photographs, texts, trademarks, logos, interfaces, structure, expression, “look and feel”, arrangement of the content, and our services are our intellectual property and protected by the relevant provisions of the law of the Republic of Cyprus, European law and International conventions. No right, title or interest in any of our intellectual property is transferred to you by use of or access to our website, and you may not make any use of our intellectual property except as permitted under these terms and conditions.
Any kind of copying, distribution, transportation, processing, resale, creation of derivatives or misleading the public about the real owner/provider of our website content is expressly prohibited. Any reproduction, republication, uploading, posting, transmission or any other use of content in any manner or means, for commercial or other purposes is permitted only after we provide prior written permission or of any other holder of the copyright. Names, images, logos and trademarks represent our website or third parties and their products and services are proprietary marks of our website or third parties and are protected by applicable trademark laws. The appearance on our website should in no way be construed as a transfer or license or right to use them.
6. Availability of our website
We make every effort to maintain, and keep our website available at all times. With the use of our website you accept that we have the right to modify and/or discontinue temporarily or permanently all or part of our website with or without giving you prior notice. The availability of our website may be affected by your equipment, or faults to other networks, or by geographic factors, or by the large amount of people seeking to use our website at the same time, or any other cause beyond our control. Due to the nature of our website, we give no representations or warranties that our website’s content or services provided, will be timely or free from delays, interruptions or errors. Consequently, we accept no responsibility for any kind of damage (including without limitation, direct, indirect, consequential damages whether in tort, contract or otherwise) due to your inability to access our website, or the cessation of all or portions of it thereof, or delay, non-delivery, interruption or poor quality of service, loss of contents or the existence of any error. In any case, we reserve the right to discontinue at any time temporarily or permanently, the operation of the whole or any part of our website for maintenance or upgrade purposes or for any other reason.
We make every effort to protect our website from viruses. Nevertheless, we cannot guarantee that our website will never be threatened and/or affected by any viruses and for this reason, you must ensure your own protection (antivirus, virus scanners, etc.) prior to the use of our website or when you save any information, software or content from our website on the hardware you use. You agree to use our website at your own discretion and risk and that you are solely responsible for protecting your data and/or equipment (and for any damage or loss thereof) and for taking appropriate precautions.
7. User responsibility
When you use our website you accept that it is your responsibility to ensure that your use it lawfully and properly. Consequently, you agree that you shall not use our website for the following purposes (purposes are mentioned indicatively and not exhaustively):
i. sending, posting or otherwise transmitting any content that is: unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene and in violation of another’s privacy, shows malice, or is considered racially, ethnically or in any other way discriminatory;
ii. harm to minors in any way;
iii. sending, posting or otherwise transmitting any content that you do not have a right to transmit it, either under law, or contract, or due to your management status (such as insider information, or proprietary and confidential information that is leaked or disclosed as part of an employment relationship or covered by any confidentiality agreement);
iv. sending, posting or otherwise transmitting any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of third parties;
v. sending, posting or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy any software or hardware;
vi. intentional or unintentional violation of applicable laws and regulations;
vii. harassment of third parties in any way;
viii. mislead anyone about the origin of the contents of our website;
ix. in any way damage GoMo’s and/or Epic’s reputation and/or third parties,
x. in any way endanger the security of our website;
xi. in any way prevent anyone to access our website;
xii. in any way establish and promote any kind of unsolicited, unauthorized advertising, spam emails, chain letters, pyramid schemes or any other form of unwanted content;
xiii. the collection or storage of personal data about other users.
8. Security
We recognize the importance of security and protection of Personal Data and electronic transactions and undertake every technical, contractual, administrative measures and physical security steps to protect the Personal Data you provide to us. We instruct authorized employees, who have access to your Personal Data (only when necessary), that these are used only in connection with the principles set out in the Policy for the Protection of Personal Data mentioned below and in accordance to the applicable legislation.
In certain sectors, such as when you provide details of your credit/debit cards, we make every effort to protect the security of those data during transfer using standard cryptographic technology Secure Sockets Layer (SSL).
You can also assist in the protection and the security of your personal data in the following ways (mentioned indicatively): (i) Never give or disclose your information or password used for accessing your account, (ii) Remember to sign out of the account and close the browser window when you finish using our website or our services, so as to prevent others using the same device to have access to any of your information.
9. Policy for the Protection of Personal Data
According to the Law for the Protection of Natural Persons with regard to the Processing of Personal Data and for the Free Movement of such Data Law L.125(I)/2018), we will notify you that we store at our files your Personal Data.
It is possible that we may ask you to register further Personal Data so that you can order our services, and for the purpose of enabling us to inform you about our new products and services.
“Personal Data” is personal data like your name, address, email address, date of birth and gender. We collect your personal data when you choose to provide them to us, for example when you choose to subscribe to GoMo, and/or where you participate in promotional advertising of GoMo, and/or when you choose to receive newsletters from GoMo. When you contact us, we may retain a record of that correspondence for the better handling of the issue. We may also receive Personal Data from our business partners or other third parties, after they confirm to us that your consent has been obtained for this purpose.
A. Personal data may be used for the following purposes:
i. To provide you with our services or with information you have requested. We may use from time-to-time your Personal Data in order to notify you about changes, improvements, or to provide you similar notices related to our services.
ii. If you have informed us that you are interested in receiving offers or information from us, or from certain sponsors or advertisers, we may send through email any materials related to our products or services that might interest you. If, at any time you wish to end your subscription, you must follow the instructions listed at the end of each email.
iii. If you participate in a contest or promotion, offered on our website, we may, according to the rules of such contest or promotion, use your name and other information necessary for such purposes.
iv. If we have to disclose your Personal Data pursuant to any obligation according to any applicable law or regulation.
B. We will disclose Personal Data to third parties only under the following circumstances:
i. If you have provided us with your consent to disclose such Personal Data for a certain purpose.
ii. To third parties who act on our behalf, as agents, suppliers or service providers, in order to enable effective service delivery of our services. Such third parties act according to strict contractual control, under which they are obliged to maintain confidentiality of Personal Data and to use such data only for purposes related to the provision of our services.
iii. As specified in the terms and conditions that apply to our services, in order to facilitate the provision of specific services, such as the handling of legal issues.
iv. As defined by law, including a court order, or any order or request by any institution or body with jurisdiction or authority to enforce the disclosure.
v. In connection with our operational reorganization, joint venture or merger with some other entity, the sale of all or a substantial portion of our assets, provided that the entity that will obtain such disclosed Personal Data continues to process them according to the present Policy for the Protection of Personal Data and applicable legislation.
For any further information on how we use your Personal Data, you may contact us via email at the following address dpo@epic.com.cy or visit the Privacy Policy on our website www.gomo.cy.
10. Orders through our website
Confirmation of Order
Upon receiving the order you will receive an email with the data of your order with proof of payment.
Order Cancelation
Without any prejudice to the right of withdrawal provided below, the order can be cancelled (without you having to state your intention to withdraw from the Contract) when the order is in any of the following stages:
i. When the order status is pending, by contacting us through webchat;
ii. In case you do not accept the product upon delivery (this reason can be relied upon, only before you signed the relevant delivery document).
iii. In case the you fail to collect or receive your order within 10 days from the time you have been informed that the order is ready for collection.
Order Modification
After the order is completed, it cannot be changed. If you wish to modify your order then you should cancel it, provided its status is in accordance with the order cancellation terms above, and re-submit your order.
Receipt of your Order
The delivery of the order can be executed only, upon presentation of your original identification document (ID/passport) that you have registered during your order.
11. Payment Terms and Conditions
The payment can be processed by credit card or debit card (“card”). The card will be charged after verification and certification of its information and validity. You are responsible for the proper submission and true details of the card. In order for payment to be completed for any order you make through our website, you will have to register the relevant card you wish to be used for the settlement of your account.
This service is offered in collaboration with JCC Payments Systems (JCC), which provides special systems for the safe transmission of data of the card.
You accept, acknowledge and agree that by submitting the card data for payment, we in cooperation with JCC will charge such card for the amount of the transaction. Your card data is collected directly by JCC without our intervention and we do not access data such as card number, expiration date and cvv2. Therefore, we are not responsible for any loss, damage and/or other issue arising in relation to any of the above data.
You can pay all or part of the total amount due when making the payment. If you have made a payment which is greater than the amount due, future charges will be deducted from the said greater amount.
To complete the payment, you will be redirected to the JCC website. You will be notified each time before you are redirected to the website of a third-party service. We shall not be liable for any claims of a legal nature (civil and/or criminal) nor for any damage (including but not limited to loss of employment, or loss of profits, data, money or value of property) while you are on the JCC website, for reasons that may relate to:
(a) The use and/or inability to use the website to complete the payment.
(b) Any products, data, information or services obtained.
(c) Unauthorized access to data or modification of data.
(d) Requirements related to the use of software.
(e) Violation of any right of any person and of any nature, which occurs or is attempted through the website of a third party.
(f) Service interruption or disconnection from the online payment service.
We take technical and organizational measures to ensure security of data and transactions made through our website. The transaction particulars (transaction number, registration number of the subscriber, amount of payment, IP address) which we collect and process, are used exclusively and solely for the purpose of receiving, effecting, and completing payment. We do not disclose nor transmit them to any third party, with the exception of JCC, which is a collaborator for this service, and they are deleted once the purpose for which they were retained has been fulfilled. You acknowledge and you expressly consent to the processing of your personal data both from us and JCC when using the service.
Provided that the transaction is successful, the account balance is updated in our systems after JCC has received the relevant information through a relevant file. This process may take up to five (5) days, which depends solely on the time required by JCC to process and send the data.
We bear no responsibility in case of loss or theft of your device or your card, and/or for the malicious use of the payment service. In case of loss or theft of the card, you will immediately inform the financial institution that issued the said card and report the incident to the Police.
You are responsible for the proper use of the online payment service as well as for your card details.
We are not obliged to accept cancellation requests and/or refunds for transactions and payments.
12. Delivery of Products / Shipping Costs
Your order will be ready for delivery within the next 2 to 4 working days from the day of the order placement. In certain cases, provided you have been informed, the delivery time may be extended.
Delivery of your order will be made by a courier company. In any case, you are informed about the exact shipping costs, pre-contractually, during the submission of the order and before you proceed with payment.
If there are shipping costs, you will be charged accordingly. Shipping costs are calculated by the type of the product, their weight and their shipping address. You will be informed pre-contractually about the cost, at the time you submit you order, and before you proceed with any payment.
13. Activation of Services
In case of a contract for the provision of services, the service is activated within 4 days from the date of receipt of the order (provided all required documents have been presented) and in case there is an application for transfer of your number from another provider (for which a portability application has been submitted), within 7 working days. In order for your line to be activated, you will have to create an account to MyGoMo and verify your email address.
14. Right of Withdrawal
Your right of withdrawal: You have the right to withdraw from the Contract within a period of 14 calendar days from the day the activation of the service has occurred, without giving any reason and without any charges, except of the fees that are related to the activation of the service, and charges that are related to the use of the service until the date of withdrawal.
Exercising your right of withdrawal: In order to exercise your right of withdrawal you must inform us of your decision to withdraw from the Contract by an unequivocal statement through a letter or by using the model withdrawal form which you can find here, and send it by post or e-mail using the information below, or by uploading it in MyGoMo:
Address: 87 Kennedy Avenue, 1077, Nicosia
E-mail: admin@gomo.cy
You bear the burden of proof regarding the date of sending the letter/withdrawal form. Thus, in case you will be sending the letter by post, we advise you to use registered post.
In case of withdrawal from the Contract, we shall reimburse to you all payments we received from you (except of any charges related to the use of the service, and the fee for the activation of the service, for which you are still responsible), using the same means of payment as you used for the initial transaction, unless it is expressly agreed otherwise.
Portability: If you wish to exercise your right of withdrawal and transfer your number to another provider you will have to submit a portability application to the said provider up until (one) 1 month after the termination of the Contract. We bear no responsibility in case of your existing mobile service number is lost.
15. Complaints
If you have any complaint from us, you must report your complaint initially to us, and if you are not satisfied with the response received, then you may address the Commissioner for Electronic Communications and Postal Regulations at https://ocecpr.ee.cy/ or the Electronic Dispute Resolution Platform at the link: http://ec.europa.eu/odr.
16. Compensation Arrangements
16.1. We will use our best endeavours to provide quality services in accordance with the Electronic Communications Service Quality Regulation of 2005 as amended or replaced from time to time by the Commissioner for the Regulation of Electronic Communications and Postal Services. However, due to the nature of telecommunications, the quality and coverage of the services, partly depends on your equipment, partly from our network and partly from other providers and other telecommunications networks which connects or with which it uses to connect to our network.
16.2. Without prejudice to the Terms and Conditions of the services, in the event that our services fail to comply with the relevant provisions of the quality service regulations which is our fault, you must file a complaint and you may be compensated by us and/or terminate your services without payment of the administrative termination fee. The type and the amount of your remuneration is determined on a case-by-case basis according to the time when your services were unavailable, and corresponds to 1/30 of the monthly service charge for each day the services were not available and may not be higher from the monthly fee for (1) month.
16.3. Events that may constitute non-availability of services not due to our liability are the following (included but not limited to):
a. Damage caused to our network by others.
b. Damage caused outside our network but affecting our network.
c. When there is no availability of the services due to our scheduled works.
d. You are not cooperating in time with us or our staff or if you are not taking any pending actions.
e. Force majeure and/or other events, acts or omissions beyond our reasonable control.
f. Any other action, not controlled by us (indicatively but not limited to non-observance of deadlines by third parties, lack of materials
on the market, etc.).
g. Damage caused by your terminal equipment.
h. When a malfunction has been reported but we cannot detect it after a check.
i. When your use of the services is not in accordance with the terms of service.
j. When the use of the services is not in accordance with national and international regulations.
k. Lack of available network resources or if necessary network extension.
l. When we offer you an alternative.
17. MyGoMo
17.1 The terms and conditions of this article relate to the MyGoMo self-service portal, specifically, to visitors to the MyGoMo section of our website, and when you use your MyGoMo log-in details and profile information. By creating or using a MyGoMo account, you accept these terms and conditions, and the Privacy Policy referred to above, each as amended from time to time. Any access or use of MyGoMo is undertaken at your own risk. Your registration to MyGoMo is a condition for the activation of your GoMo services.
17.2 Registration, Information and Log In Details: In order to access and use the MyGoMo service, registration will be required. Only our customers can so register. To register as a user, you are required to provide us with certain details requested, such as account number or mobile number. The information so provided, and all other information associated with your MyGoMo profile and provided by you (together “Account Information”) must be (and you are responsible for ensuring that it remains) accurate, complete and up to date. You warrant that all Account Information provided relates to an account owned by you. You agree to indemnify us in the event of any claim made against us or loss suffered by us as a result of a breach of such warranty. Your account username will be the email address you provide and a corresponding password must also be chosen. It is advisable that the email address that you provide for your username be a valid email address that you use and check regularly. We reserve the right to immediately and without notice withdraw, bar or suspend the provision of part of or all services to you if the username provided by you is, in our opinion, illegal, offensive, discriminatory, in bad taste or immoral.
You are responsible for the security and proper use of your username and password. It is each registered user’s responsibility to change their password immediately if they believe it has been compromised. In addition, we advise you to change your username and password frequently, even if those details have not been compromised. You should notify us as soon as practicable if you become aware of or suspect unauthorised use of a password. You should note that you are fully liable for all use of your password, including any unauthorised use. If such information is disclosed to any third parties, we shall not be liable for any loss or damage that may result therefrom. You are liable for all use made of services through your account, whether authorised by you or not, until you have notified us of unauthorised use and we have stopped access to the relevant account.
Users of the MyGoMo service may, amongst other services, check certain account details and make payments against their account.
17.3 Cessation of Access to MyGoMo Profiles: In the event that you cease to be our customer, you will still be able to access your MyGoMo account, which will be limited.
17.4 Restrictions on Use: MyGoMo is solely intended for your personal use. You may use the contents of MyGoMo only in accordance to
these terms and conditions. MyGoMo may not be copied, reproduced, distributed, republished, uploaded, and posted, transmitted in any way or otherwise dealt with without our prior written consent. You may not misuse MyGoMo (including without limitation, by hacking. We may in our sole discretion, suspend or revoke your MyGoMo registration if you breach these terms and conditions.
17.5 Connected Parties: Usage and certain other information (including account information) relating to multiple persons receiving
services from us or our connected entities under the same account (“Connected Parties”) will be visible within the MyGoMo profile(s) to which that account is linked. MyGoMo users and Connected Parties must therefore note that in such circumstances they can have no expectation of privacy as between MyGoMo users and Connected Parties with regard to any aspect of their account(s) and they hereby expressly consent to the disclosure of their account information (including data, talk, webtext or SMS text usage of others on their account) to all other users linked with the relevant MyGoMo account.
17.6 Services: In addition to these terms of use, other terms and conditions may apply to specific services that may be available from MyGoMo through your account. You can of course stop using the services at any time. Prior to requesting any services, or content available through our websites (and acknowledging that same is bound and protected by intellectual property rights which you agree is not to interfere with or breach), you should ensure (i) that your access device is compatible and appropriately enabled to receive the selected materials (if you are unsure as to whether this is the case, you should check); and (ii) that you have, where materials are to be downloaded, sufficient memory capacity available to receive and save those materials. We reserve the right in our sole discretion at any time to refuse you access to the services, terminate your account with us, remove or edit content or services. In addition to any other right we are entitled to exercise, we reserve the right to immediately and without notice withdraw, bar or suspend the provision of part of or all services to you or end our agreement with you under these terms of use with immediate effect if you breach any provision of these terms of use and/or we believe the services are being used in a prohibited manner, even if you are unaware that the services are being used in such a way.
18. Indemnity
You agree to indemnify and hold us, our officers, directors, employees, agents, shareholders and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal costs), made against us by any third party due to or arising out of or in connection with your use of MyGoMo or of our website.
19. Miscellaneous
There shall be no waiver of any right or obligation in these terms and conditions unless such waiver is in writing and signed in advance by or on behalf of us. If any of these terms and conditions are unlawful, unenforceable or void, such terms and conditions shall be deemed severable and will not affect the validity and enforceability of the remaining provisions of these terms of use.
Our website, MyGoMo and their content and services available therein may be updated from time to time. We may vary any content or the technical specification of any aspect of MyGoMo and our website at any time without notice. We reserve the right to withdraw any service at any time or to suspend or restrict access to the whole or any part of MyGoMo or our website for repair, maintenance, updating or upgrading or for the introduction of new facilities or services at any time. We will attempt to limit the frequency and duration of any such suspension or restriction.
20. General
(I) Governing Law and Jurisdiction
The present Terms & Conditions are governed by and construed in accordance with the laws of the Republic of Cyprus and for any dispute
arising out of the Contract, exclusive jurisdiction has the District Court of Nicosia. A detailed reference of the laws related to the conclusion of the Contract and in particular the laws concerning the legal guarantee of products and the right of withdrawal are covered under L.112(I)/2021 and L.154(I)/2021 and the procedure to conclude the contract under L.156 (I)/2004 can be found on the below links:
- The Consumer Protection Law of 2021 (L.112(I)/2021)
- Procedure to conclude the contract (L.156 (I)/2004)
(II) Assignment
By accepting the present Terms & Conditions you cannot assign, resell, rent or otherwise transfer your rights or obligations deriving from the present Terms & Conditions to any third party, except after obtaining our written consent. Violation of this restriction in any way, will result in immediate termination of the services we provide.
(III) Force Majeure
We shall not be responsible and shall not be considered in breach of the present Terms & Conditions, for any failure or delay in the delivery of a product or in the provision of a service if this is attributable to a Force Majeure Event including, without limitation, strikes, unforeseen events, heavy weather, acts or omissions of a governmental body or public telephone operators or other competent authority.
In such cases, we will inform you wherever and whenever possible and, in case of late delivery, the latter states whether you wish to complete the order.