Terms & Conditions

Last Updated: July 2021

 

uCloudlink (America), Ltd., through its affiliates, provides access to mobile data service and other services to users around the world (“uCloudlink”, “we”,“our”, or “us”). It is your responsibility to read and understand the following terms and conditions, including any Local Law Terms (these “Terms and Conditions”) completely and thoroughly. You (the “Customer”)agree to and accept our Terms and Conditions by purchasing, leasing, installing, accessing, using, or visiting our products, apps, services, or websites (collectively the “Services”).

 

If you are a Customer located in the United States, these Terms and Conditions are between you and uCloudlink (America), Ltd.

If you are a Customer located in Singapore, these Terms and Conditions are between you and Hong Kong uCloudlink Network Technology Ltd.

If you are a Customer located outside of Singapore and the United States, these Terms and Conditions are between you and uCloudlink (Singapore) Pte. Ltd., except
where you purchase a Device in which case, in respect of that Device only, the contractual obligations regarding such Device are met by Hong Kong uCloudlink Network Technology Ltd.

 

uCloudlink may amend or vary these Terms and Conditions from time to time to reflect changes in law, modifications to or updates of the Services. uCloudlink will
notify Customer by app push notifications or in-app messaging if such changes materially affect the rights of Customer under these Terms and Conditions. Changes will not apply retrospectively.

 

I.             Mobile WiFi Device

 

1.      Customer should use the mobile WiFi device purchased or leased from us (the “Device”) in a careful and proper manner and in accordance with the instructions in the user manual for the Device.

 

2.      Customer may order a Device (for purchase or lease) to be delivered by courier or may arrange to collect the Device at uCloudlink’s specified sales network as listed here. If you are located in the United States of America, all deliveries placed after 3 pm Eastern Standard Time Monday to Friday will be treated as being placed on the next business day.  Delivery times and costs for other locations are available here. Our standard delivery dates are Monday to Friday (excluding public holidays). Delivery dates are estimates only. As we process your order, we will inform you if your order is unavailable or will be delayed for any reason.

 

3.      The purchase or rental price for the Device will be charged to the Customer’s credit card, or collected through another payment method designated by the Customer at the point of sale or lease.

 

4.     If Customer wishes to extend the lease term, Customer may contact our Customer Service Team at least one (1) working day before the expiry of the original lease term. In case


of early return of the Device before the expiry of the lease term, the Customer will not be entitled to a refund of unused mobile data allowances.

5.      If the Customer cancels a lease order after the shipment of the leased Device, the Customer agrees to compensate uCloudlink $19.90 for the
cancellation.

 

II.          Mobile Data Service

 

6.      Customer acknowledges that the mobile data allowances purchased by or otherwise made available to Customer via the Services are provided by third-party telecommunication service providers. As such, uCloudlink cannot and does not guarantee the continuous, fault-free operation of its mobile data service and the Customer should consult the relevant terms of service provided by the third-party telecommunication services provider.   

 

7.      After using all pre-paid mobile data allowances, Customers will be able to purchase additional mobile data allowances through our website or App.

 

8.     If the Customer experiences any difficulty using our mobile data service,  our Customer Service Teams are available here.

 

III.       Return of Device

 

9.      When a Device is returned, it should be returned here in its original condition with packaging, together with all of its accessories, user manual, and receipt.

 

10.   Unless a different position is set out in the Local Law Terms, Customer is entitled to return a purchased  Device for exchange if Customer notifies uCloudlink within 30 days of delivery of the Device and one or more of the following conditions are met:

 

(a)         the Device delivered to the Customer is not what the Customer ordered;

 

(b)         the Device was damaged when delivered to the Customer;

 

(c)         the Device is not functioning properly

 

(d)         there is a missing part or accessory of the Device; or 

 

(e)          customer is not satisfied with the product he/she received

 

11.        Unless a different position is set out in the Local Law Terms:

 

(a)     within three (3) days following the expiry of the lease term, the Customer shall return the leased Device in good working condition and follow the shipping instructions contained in the Device’s user manual. If the Customer fails to return the leased Device within the above time limit, she/he shall be subject to late fees specified here. Such late fees shall accrue on a daily basis from the due date until the actual return of the Device, but the maximum aggregate late fees shall be $100.00/device. 

 

(b)         If a leased Device is returned damaged, The customer shall be charged the following damage fees:

a.       If the Device is not functioning, US$100.00.

b.       If the USB cable for the Device is missing or damaged. US$5.00.

c.       If the pouch for the Device is missing or damaged, US$5.00.

 

IV.       Pricing, Billing, and Payment

 

12.        The rates payable for the mobile data service are located here (“Service Charges”). All Service Charges are payable in advance. A record of your Service Charges paid and data usage can be found on the website and/ or on your app.

 

13.        If you pay for your Services using PayPal, Braintree, or Stripe, you acknowledge and agree that the processing of such payment shall be handled by that third party and will be subject to their terms and conditions and your data will be handled by them in accordance with their privacy policy. You must review these third-party terms before proceeding.

 

V.          Termination

    

14.     The use of all Services may be terminated or suspended without notice by uCloudlink if uCloudlink has reason to believe (each a “Termination Event”): (i) that the Device was obtained by any misrepresentation or fraudulent means; (ii) that any meter in the Device has been tampered with; (iii) that the Device is or has been used for any illegal or improper purpose, or in violation of applicable laws; (iv) Customer is in breach of any of these Terms and Conditions including the payment terms by the  Customer; (v) possible theft; or (vi) there has been fraud or has detected unusually high usage in accordance with general operating practices and procedures in the cellular industry. You are not eligible for a refund of any amounts paid to uCloudlink if uCloudlink terminates or suspends your Services upon occurrence of a Termination Event.

 

VI.       Fair Use Policy

 

15.        In some countries, a Fair Use Policy (“FUP”) may be in place in accordance with the business practices of the local internet service provider (the local in-country wireless network carrier or operator). If a FUP is in place, it may limit the transfer of a specific amount of data over a period of time. Internet service providers (“ISPs”) commonly apply a cap on the amount of wireless data when an individual user has exceeded a certain amount of data within a specified time period, which can result in the ISP restricting the connection speed. The Customer acknowledges that a FUP may be in place and accepts this possibility, and the Customer will not hold uCloudlink liable for any FUP, restricting of connection speeds, or related issues which could affect the performance of the Device or the Customer’s usage experience. For more information, please see your applicable Local Law Terms.

 

VII.    uCloudlink’s Liability

 

16.        UNLESS A DIFFERENT POSITION IS SET OUT IN THE LOCAL LAW TERMS, UCLOUDLINK MAKES NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION, OR FITNESS FOR A PARTICULAR PURPOSE OF THE DEVICE OR DATA SERVICES FURNISHED UNDER THESE TERMS AND CONDITIONS. EXCEPT AS SET FORTH HEREIN, UCLOUDLINK DOES NOT REPRESENT THAT CUSTOMER’S USE OF THE DEVICE OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR THAT THE SERVICE WILL MEET THE CUSTOMER’S REQUIREMENTS, OR THAT ALL ERRORS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SYSTEM THAT MAKES THE SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.

 

17.        Unless a different position is set out in the Local Law Terms and subject to these Terms and Conditions, the Customer shall be solely responsible for and shall indemnify, defend and hold harmless uCloudlink, its affiliated companies, and officers, directors, employees, independent contractors, affiliates, representatives, agents, and other customers of uCloudlink and its affiliated companies against all claims, demands, and liabilities arising out of or in connection with the lease, possession, use, condition, operation or misuse of the Device by Customer or third parties, or of the Services provided hereunder, whether in breach of these Terms and Conditions or otherwise arising howsoever. This indemnity provision shall survive the termination of these Terms and Conditions.

 

18.        UCLOUDLINK’S LIABILITY TO YOU IS NOT LIMITED OR EXCLUDED TO THE EXTENT THAT SUCH LIABILITY CANNOT BE LIMITED OR EXCLUDED IN ACCORDANCE WITH APPLICABLE LAW. UCLOUDLINK WILL IN NO EVENT BE LIABLE FOR NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST UCLOUDLINK FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE, OR EXPENSE OF ANY KIND (INCLUDING LOSS OF PROFITS, revenues, business opportunities, goodwill, AND anticipated savings, and PUNITIVE DAMAGES) WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL CAUSED BY THE DEVICE OR THE FAILURE OF THE DEVICE TO OPERATE CORRECTLY OR AT ALL, OR FOR ANY DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICES) OR FAILURE OF THE SERVICES. UCLOUDLINK’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE AGGREGATE PURCHASE PRICE THE CUSTOMER PAID FOR THE DEVICE AND THE MOBILE DATA ALLOWANCES.

 

19.        The Customer shall be liable to uCloudlink for all expenses, including reasonable attorneys’ fees, collection fees, and court costs incurred in connection with any collection, repossession, or other action brought to enforce uCloudlink’s rights under these Terms and Conditions.

 

20.        uCloudlink reserves the right to deactivate the Device at any time and without notice to the Customer, in the event that uCloudlink detects unusually high usage or possible fraud in accordance with general operating practices and procedures in the cellular industry, and uCloudlink shall have no liability whatsoever to the Customer for such deactivation.

 

VIII.  Assignment

 

21.        uCloudlink may, in its sole discretion, transfer or assign these Terms and Conditions and may novate or transfer any, all or any portion of its duties under these Terms and Conditions. uCloudlink may engage subcontractors to carry out any of its obligations under these Terms and Conditions. You may not assign these Terms and Conditions without uCloudlink’s prior consent.

 

IX.       General

 

22.        The headings in these Terms and Conditions are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.

 

23.        No waiver by uCloudlink of any breach of these Terms and Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.

 

24.        These Terms and Conditions constitute the entire agreement between uCloudlink and the Customer with regard to the subject matter hereof, and there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise,
concerning the use of the Device or the Services, other than as set forth herein.

 

25.        uCloudlink is not liable for any lack of privacy or security which may be experienced with regard to the Services. The Customer authorizes uCloudlink’s monitoring and recording of data concerning the Customer’s account or the Services and consents to uCloudlink’s use of automatic dialing equipment to contact the Customer. uCloudlink has the right to intercept and disclose transmissions in order to protect its rights or property as permitted by applicable laws.

 

26.        uCloudlink has a right to amend these Terms and Conditions where required for security purposes, where there are changes in applicable law or where there are changes to the underlying service, provided such changes are not detrimental to the Customer. In such cases, uCloudlink will send notice to the Customer of such changes by email, or by any other reasonable means.

 

27.        Where there is a conflict between these Terms and Conditions and the Local Law Terms, the Local Law Terms will prevail.

 

28.        These Terms and Conditions shall be governed by and be interpreted in accordance with the laws of Singapore.

 

29.        The Singapore courts shall have exclusive jurisdiction in relation to all disputes under these Terms and Conditions. For these purposes, each party irrevocably submits to the jurisdiction of the Singapore courts and waives any objection to the exercise of that jurisdiction.

 

30.        These Terms and Conditions may be available in languages other than English. To the extent of any inconsistencies or conflicts between these different languages, the English version of these Terms and Conditions will prevail.

 

X.          Contact Us

31.        If you have any questions or would like to talk to us about your use of the Services, please contact us by email at:

·       supportus@ucloudlink.com, if you are located in the US;

·       glocalmeconnect@outlook.com, if you are located in the UK or EU; or

·       service@ucloudlink.com, if you are located in other countries or territories.

 

Local Law Terms

 

  1. UK

For all customers in the UK, the following additional terms shall apply:

1.1     Notwithstanding anything to the contrary set out in these Terms and Conditions, you are entitled to return the Device within 14 days of receiving the same, without requiring any of the conditions set out in Clause III(10) of the Terms and Conditions.

1.2     All prices are inclusive of VAT.

1.3     Clauses VII(17), (19) and (20) of the Terms and Conditions shall not apply.

1.4     The mandatory provisions of consumer law will apply in addition to the provisions set forth in these Terms and Conditions and nothing is intended to limit or restrict the rights and remedies available to consumers at law.

1.5     Clause IX(29) shall not apply and shall be replaced with the following:

1.5.1      You and uCloudlink irrevocably agree that the courts of England and Wales have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions.

  1. France For all customers in France, the following additional terms shall apply:

2.1     Notwithstanding anything to the contrary set out in these Terms and Conditions, you are entitled to return the Device within 14 days following the confirmation of the purchase, without requiring any of the conditions set out in Clause III(10) of the Terms and Conditions. Please use the following glocalmeconnect@outlook.com to inform uCloudlink of your cancellation before the expiry of the 14-day period. You may use the following model of cancellation form:

I hereby give notice that I wish to cancel my order [please insert order No. or any elements that would allow us to identify your order] ordered on [insert the date].

Name of consumer

Address of consumer

Email address of the consumer (optional)

Date

You shall bear the costs of your return. Refund will occur no later than 14 days from the day we receive the returned Device. We will use the same means of
the payment you used for the transaction, and you will not incur any fees for such reimbursement.

However, pursuant to Article L. 221-28 (1°) and (13°) of the French Consumer Code, your cancellation right does not apply to services provided to you upon your express request and after expressly waiving your cancellation right.

2.2     Clauses VII(17), (19), and (20) of the Terms and Conditions shall not apply to Customers in France.

2.3     Where applicable, you may invoke the legal warranty of conformity as per Articles L. 217-4 et seq. of the French Consumer Code and the warranty of hidden defects under the conditions set forth in Articles 1641 et seq. of the French Civil Code.

When you invoke the legal warranty of conformity:

·          you have two years from delivery of the Device to act;

·          you can choose between the repair or the replacement of the Device, subject to the conditions related to the cost of such repair mentioned in Article L. 217-9 of the French Consumer Code;

·          you do not need to prove the lack of conformity of the device during the twenty-four (24) months following the delivery of the property

·            The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted to you.

·             You can decide to invoke the warranty of hidden defects as per Article 1641 of the French Civil Code. In this case, you can choose either to cancel your purchase or to ask for a reduced price as per Article 1644 of the French Civil Code.

2.4      If you have any concerns or would like to
file a complaint, please first contact our customer service team at glocalmeconnect@outlook.com.

The
European Union has implemented a platform for the resolution of dispute related
to the purchase of goods and services online: https://ec.europa.eu/consumers/odr.

  1. USA

For all customers in the USA, the following additional terms shall apply:

3.1      uCloudlink reserves the right to invoice Customer to recoup costs associated with the payment of fees, surcharges or other contribution obligations imposed on uCloudlink (which have not otherwise already been paid to uCloudlink by Customer) by governmental or quasi-governmental bodies in connection with the sale, installation, use, or provision of the Services to Customer (including, without limitation, applicable franchise fees, if any). uCloudlink may exercise such right regardless of whether uCloudlink or its affiliates are required or explicitly authorized by the applicable law to (A) pass through such fees, surcharges, or other contribution obligations to Customer or (B) collect such fees, surcharges, or other contribution obligations from Customer. These obligations may include those imposed on uCloudlink or its Affiliates by an order, rule, or regulation of a regulatory body or a court of competent jurisdiction, as well as those that uCloudlink or its Affiliates are required to collect from Customer or to pay to others in support of statutory or regulatory programs. For example, the Customer may be charged a monthly regulatory recovery fee (not to exceed uCloudlink’s actual cost for the same) to help defray uCloudlink’s contributions to municipal, state, and federal programs including, without limitation, universal service, telecom relay services for the visually/hearing impaired, and 911/E911 programs and infrastructure. This regulatory recovery fee is not a tax, and it is not government-mandated. In addition, some government-related costs, taxes, and fees may be billed separately, all of which may be changed with or without notice. 

 

  1. Singapore

For all customers in Singapore, the following additional terms shall apply:

4.1.1          Notwithstanding anything set out in Clause III(10):

4.1.1.1    the reference to “30 days” is replaced with “6 months”.

4.1.1.2   If one of the conditions set out in Clause III(10) is met or the Device is defective, the Customer may request uCloudlink to repair or replace the
defective Device;

4.1.1.3   If the uCloudlink is unable to repair or replace the defective Device within a reasonable time, or if the repair or replacement amounts to unreasonable cost to uCloudlink, the Customer may request one of the following:

4.1.1.3.1  Reduce the price of the defective Device; or

4.1.1.3.2  Refund for the defective Device.

4.1.2         Clause VI does not exclude the implied warranties set out in sections 12, 13, 14, or 15 of the Sale of Goods Act [Cap. 393] (Seller’s implied undertakings as to title, etc., and implied undertakings as to the conformity of goods with description or sample, or as to their quality or fitness for a particular purpose).

4.1.3         Clause VII(18) does not exclude liability for death or personal injury resulting from negligence nor liability under Clause III (as amended by these Local Singapore Law Terms) to repair, replace, reduce the price, or provide a refund for a defective device.