You pay for the service by purchasing a voucher and registering it with us or by purchasing call time using your E- Top-up, credit card or debit card all methods as described in the website (www.redtouch.com.mt) or by any other method approved by us from time to time.

Each time you incur charges, the credits that are registered on your account will be reduced according to the duration of the call/message and the type of call/message or other service by reference to the charges shown in the price plan found on promotional printed matters or on the website (www.redtouch.com.mt).

Call time purchased by debit card or credit card will be credited to your account, subject to our carrying out our usual financial security checks. We will not have any obligation to make a refund to you where you purchase more credit than you intend, for whatever reason. If you wish to stop using the service at any time there will be no refund on unused call time.  These Terms & Conditions apply to the base service, offers provided from time to time carry their own customised detailed terms & conditions provided in the starter pack or on the offer sub-section on the website.

Once top-up vouchers are credited to your account, VAT and other government taxes will be deducted from your balance. The credit affected on your account will last only for the time-window specified on the voucher or from the website. Failure to use the credit within the specified time-window will result in inability to make any calls or send SMS upon elapse of this period.

Occasionally we may have to:

- Alter the number associated with the Service for reasons beyond our control such as where requested to do so by a governmental authority or regulatory body or where we reasonably believe that the alteration will enhance your use of the Service. If this is the case we will give you reasonable notice of not less than 30 days prior to the taking effect of any modification in accordance to Article 22(4) of the ECRA (Electronic Communications Regulations Act) 

- Temporarily suspend the service (or any part of it) for operational reasons or in an emergency or for your security. In case where the service is suspended for over 48 Hours, you shall be entitled for a refund not exceeding your current line account credit.

- Bar certain numbers from the service on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer direct loss. Should a number/s be temporarily or permanently barred, we will inform you directly not less than 30 Days in advance on your cell phone number. In case of abuse of service we will notify you prior (to) termination of service.

- From time to time we may have to migrate your account from one billing platform to another. In these circumstances we will notify you if migration of your account will affect your service in any way 30 Days in advance in accordance with the Article 22(4) of the ECRA (Electronic Communications Regulations Act). You are entitled to withdraw from the service should you disagree with the new plan’s Terms and Conditions without being subject to any penalty.

Your Responsibilities:

From time to time it may be necessary for us to amend or supplement our instructions to you on the introduction or withdrawal of products and/or services, for reasons of security or to prevent fraud. It is important that you read and understand the information contained in the user guides and other instructions as they will apply to your use of the service from when you register your mobile handset with our network.

You agree

- and warrant that all factual information you provide to us is correct;

- to take adequate precautions to prevent damage to or unauthorised use or theft of the SIM Card or your mobile phone;

- that the SIM Mobile number is supplied to you under licence and shall at all times remain our property;

- to contact customer service (on 100) immediately if your SIM Card or your Mobile phone is lost, stolen, damaged or destroyed or likely to be used in an unauthorised manner and to cooperate with us in our reasonable security and other checks.

If your mobile phone or your SIM Card is lost, stolen, damaged or destroyed or used without your authority, we shall have no obligation to make a refund to you of the credits left on your Account.

You must not use or permit anyone else to use your mobile handset or the service fraudulently

- or in connection with any criminal offence, in breach of any law or statutory duty; 

- to send a call or message or send, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax, in breach of any rights or privacy or otherwise unlawful;

- to cause annoyance, inconvenience or needless anxiety to third parties.

- other than in accordance with acceptable use policies of any connected networks and (if appropriate) any relevant Internet standards;

You must tell us immediately by writing to the Data Controller on datacontroller@redtouch.eu , if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the service or the content of the service (such as SMS)  and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.

Our Rights to Bar or Disconnect Your Mobile Handset

If you do not make or receive a chargeable call at least once in any 6 month period your mobile phone line will be disconnected and any credit left on your account will be forfeited. In such case we will notify you not less than 5 days before disconnection by SMS. We may at our discretion bar or disconnect your mobile handset if we have reasonable cause to suspect fraudulent use of a credit card/debit card, your SIM Card or mobile handset.  In such case we will get in contact with you to clarify your position before disconnecting you.

In addition to anything else we can do, we may bar or disconnect your mobile handset at any time if: -you fail to comply with the Terms and Conditions in any material way; or -you call us to report that your SIM Card or your mobile handset is lost, stolen, damaged or destroyed; or -you make calls or send data from your mobile handset (or by any other means in relation to calls or data sent to us or our agents), or your mobile handset is used (with or without your knowledge) to make calls, to send data or to take pictures or video, which in each case are offensive, indecent, obscene, menacing, a hoax or a nuisance, in breach of any rights or privacy or otherwise unlawful; or -you are persistently abusive or make threats or otherwise act illegally towards our staff or our property; In such case we will get in contact with you to clarify your position before disconnecting you.

If your mobile handset is disconnected and you wish your mobile handset to be reconnected to our Network, you must contact customer service (on 100) if we agree to reconnect you, you must pay a re-connection fee of €18 unless the disconnection was due to our negligence.

Details of the current charge are available on request.

We do not accept liability for indirect loss, such as loss of profit, loss of business, costs, expenses (unless such losses were reasonably foreseeable to both of us when these Terms & Conditions were entered into), or any other form of economic loss.

You agree that redtouch fone has no responsibility for the deletion, loss or corruption of any content transmitted or maintained by the network, unless this is caused by our negligence.

We may increase or decrease our charges at any time (including the introduction of charges for aspects of the service previously provided free). Where we increase the Charges for the elements of the Service you are using we will notify you 30days before the changes become effective. Notification will be via text message or by email (if you have registered your email address with us).

We reserve the right to change our Terms and Conditions of Service from time to time. We will notify you of any changes to these Terms and Conditions by posting them on our website on www.redtouch.com.mt/termsandconditions. In addition to this we may also notify you by messages on our IVR top-up system, messages via the service (such as voicemail, text or multimedia message) by means of national advertising campaigns or by email.

If we vary any of the charges or change the Terms and Conditions to your disadvantage, you may stop using the service without incurring any fee.

We will not notify you of call charges for premium rate services operated by third parties. Please check these before calling or smsing premium rate numbers.

General

If you do not want your number displayed on receiving mobile phones, please set your mobile handset to conceal ID. Otherwise you agree that our network may allow the display of your telephone number on handsets receiving calls from you. Please note your number will be disclosed in relation to calls you make to emergency services.

These Terms and Conditions are governed by the laws of Malta.

If you want to file a complaint please contact Customer Service (on 100) as indicated on the SIM Card or from www.redtouch.com.mt/contact.

All tariffs will be charged on a per second basis unless differently specified in the customised tariff plans available for viewing on www.redtouch.com.mt or by contacting our Customer Service (on 100) as specified on the SIM card or as specified on www.redtouch.com.mt/contact .

Access to emergency services is provided to you free of charge. Please use these services consciously as not every situation is a real emergency and could disrupt emergency personnel from attending to real emergencies. You will be able to access these numbers from your SIM card’s phonebook.

Internet Access

If you have a Mobile handset which enables access to the Internet (Mobile Internet Phone) the following Terms and Conditions also apply to you.

For Internet access, you understand that all the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using the Service ('Information') whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Information originated. This means that you, and not us, are entirely responsible for all Information that you upload, email or otherwise transmit via Internet access.

Your dealings with, and interest in, promotions, services, or merchants found by using your Mobile Internet Phone on or via the Internet, unless explicitly stated by us, are solely between you and the person with whom you are dealing. We will not be responsible for any losses or damages that may arise from any such dealings with third parties.

Access to secure financial transactions will be dependant on the make and model of your Mobile Internet Phone and the third party supplier of Content.

Use and Disclosure of Information

You authorise us to use and disclose, in Malta and abroad, information about you, your use of the Service (including, but not limited to, phone numbers, addresses of calls, texts and other communications "Communications" made and received by you and the date, duration, time and cost of such Communications), how you conduct your account and the location of your mobile handset for the purposes of operating your account and providing you with the Service or as required under law to our associated companies or agents, any electronic communications company, debt collection agency or credit reference agency. You agree that the information may be used by other parties in assessing applications for credit from you and members of your household and for debt tracing, credit management and may be used by us or other parties for crime and fraud detection and prevention.

Some services may require the disclosure of information about the location of your mobile phone. If you do not wish this to be disclosed please refrain from using the service. Please note that we will pass information about the location of your Mobile handset to emergency services.

The Data Protection Act 2001 has been enacted on the 14th December 2001 and the section concerning the appointment of the Data Protection Commissioner and the Data Protection Appeals Tribunal has been brought into force as from the 22nd March 2002. We therefore consider that we have a legal duty to respect and protect any personal information we collect from you and we will abide by such duty. We take all safeguards necessary to prevent unauthorised access and we do not pass on your details collected from you as a visitor, to any third party unless you give us your consent to do so.  You may request to view the information held by us on yourself by accessing the self-care feature from our website on www.myredtouch.com.mt or requesting further instructions by calling our Customer Service (on 100) as displayed on the SIM card or on www.redtouch.com.mt/contact .

Should you disagree to any part of these Terms and Conditions please refrain from using this service. No charges will be incurred for disconnection however unused credit will be forfeit.

Topup Validity

As presented to you on different sections of the website, every top-up value has an expiry as indicated in the mentioned sections. Should the time-expiry be exceeded one will be given 21 days Grace Period to re-topup his account without loosing the line (number). Should one fail to do so the line will be made available again for sale and if the number is still in the availability pool one can re-purchase it by paying €10. Should the line be left with zero credit for ninty consecutive days, the line enters an expired state and can be re-activated only by calling call center and topping up the account. If the original expiry date is exceeded the line is forfeit and charges will apply.

YOU – The owner of the phone line in question availing yourself from any redtouch fone Service. US  - redtouch fone being your service provider.