Smile Telecom Website Disclaimer

1. The web site (the "Website") is operated by Smile Telecom International B.V. with registered number 27290912 whose registered address is at Rijswijkseweg 60, 2516EH, The Hague ("Smile Telecom International B.V.” "we", "us", "our").

2. These terms relate to your use of our Website. Other terms may apply to the provision of any of the Services that we provide via this Website and you should check to see what specific terms apply to any Services which you use. Our Acceptable Use Policy should be read in conjunction with these terms and conditions and forms an integral part of these terms.

3. We may terminate, change or suspend any part of this Website including any content, features, and hours of availability or these terms at any time. Continued use of this Website after we have made any such changes will signify your consent to the changes.

4. Copyright in the material contained in the Website belongs to Smile Telecom International B.V., its subsidiaries or its licensors. All rights, save as expressly granted, are reserved.

5. Smile Telecom International grants to visitors to this Website a license to make one free copy of the information contained herein for personal or non-commercial use only. Accordingly, unless otherwise expressly stated, no part of this Website may be copied, performed in public, broadcast or adapted without Smile Telecom International’s prior written permission. Any other use of materials on this website without our prior written permission is strictly prohibited.

6. Smile Telecom International and the Smile Telecom International logo referred to or detailed in the Website are the trademarks of Smile Telecom International or its subsidiaries. All other product and service marks are trademarks of their respective owners No rights are granted in respect of any of the above trade marks. If you are in doubt whether an item is a trade mark of Smile Telecom International or its subsidiaries, please contact us for clarification.

7. While Smile Telecom International has taken every effort to ensure that the information contained within this Website is correct, visitors should be aware that the information may be incomplete, inaccurate or may have become out of date. The Website is provided on an "as is" basis and we give no warranty or make any representation regarding the quality, accuracy or completeness of the content of this Website. Further, no warranty is given that the Website will be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.

8. Subject to the next paragraph, Smile Telecom International excludes all liability for any kind of loss or damage that may result to you or a third party (including without limitation, any loss of income, profits, goodwill, data, contracts or use of money whether arising in tort (including without limitation negligence), contract or otherwise) in connection with the use, inability to use, or the results of use of this Website.

9. Nothing in these terms or this website shall limit our liability for fraud or death or personal injury arising out our negligence, or for any other liability which cannot be excluded or limited under applicable law.

10. The use of third party websites is entirely at your own risk. Links contained in the Website will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Website are provided to you only as a convenience and the inclusion of any link does not imply reliability and Smile Telecom International does not endorse any pages linked to the Website. Accordingly, you should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website's contents to the relevant website provider.

11. You are not entitled (nor will you assist others) to set up links from your own websites to the Website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.

12. We are committed to protecting your privacy and we operate a strict privacy policy in accordance with our Privacy Policy. Our Privacy Policy should be read in conjunction with these terms and conditions and forms an integral part of these terms.

13. If the visitor transmits defamatory material to the Smile Telecom International web site this may result in criminal and/or civil proceedings being commenced against the visitor and the visitor shall at all times indemnify Smile Telecom International against all losses, expenses, damages, costs (including reasonable legal costs) suffered or incurred by Smile Telecom International in relation thereto.

14. Nothing in these terms confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999. This does not effect any right or remedy of any person which exists or is available otherwise than pursuant to this Act.

15. If any part of these terms are found to be void or unenforceable, it will be severed from the rest of the terms which shall remain unaffected.

16. You are granted access to the Smile Telecom International web pages on condition that you accept all of the above and the application of Dutch law and the exclusive use of the Dutch courts to govern matters in relation to the Website. You also agree to indemnify Smile Telecom International and not to hold Smile Telecom International liable for the result (foreseeable or otherwise) of your actions or omissions based on material contained herein.

Smile Telecom External Acceptable Use Policy

1. Introduction

Smile Telecom International and its subsidiaries have formulated this acceptable use policy in order to encourage the responsible use of Smile Telecom International’s networks, systems, services, web sites and products by our customers and other users ("Users"), and to enable us to provide our Users with secure, reliable and productive services. This acceptable use policy (“Policy”) sets out:

1.1. The minimum standards of behavior required from you when you use our network and the internet via our network; certain actions which are prohibited; and what we may do if you fail to meet those minimum standards.

1.2. The Policy is designed to protect both you and Smile Telecom International from any claims from third parties that your use of the Smile Telecom International’s services is inappropriate or damaging to such third parties.

1.3 The actions prohibited and the minimum standards set out in the Policy are not a complete list. If you are unsure about any contemplated action or use please contact Smile Telecom International at: info@smiletele.com

1.4 By using the Services you agree to be bound by our Policy

2. General Conduct

Smile Telecom International’s Network and Services must be used in a manner that is consistent with their intended purposes and may be used only for lawful purposes. Users may not use Smile Telecom International's Network and Services in order to transmit, distribute or store material;

2.1. in violation of any applicable law or regulation;

2.2. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others;

2.3. that is fraudulent, obscene, defamatory, libelous, threatening, abusive or hateful or contains a virus, worm, Trojan horse, or other harmful component;

2.4. containing fraudulent offers for goods or services or any promotional materials that contain false, deceptive or misleading statements, claims or representations; or

2.5. generally, in a manner that may expose Smile Telecom International or any of its personnel to criminal or civil liability.

3. Lawful Use Of Resources

Smile Telecom International requires its customers to comply with Smile Telecom International’s instructions and all legal and regulatory requirements relevant to their system, network and any services they may provide within the countries in which they operate. Where a customer fails to meet such legal and regulatory requirements the customer agrees to indemnify Smile Telecom International against all losses, expenses, costs (including legal costs) or damages which may be suffered or incurred by Smile Telecom International in relation thereto.

It is Smile Telecom International's policy to assist police and law enforcement bodies in any practicable way when required by applicable law. Smile Telecom International reserves the right to disclose information to such bodies or highlight any concern of potential illegal activities being carried out via Smile Telecom International's networks or systems.

4. Sending Of Electronic Mail

4.1. Under no circumstance will any Smile Telecom International customer transmit unsolicited bulk email of any kind or permit the usage of unsolicited bulk email to advertise any site located on the Smile Telecom International network.

4.2. Any mail server connected to the Smile Telecom International network must not be configured as an open relay. Such a server could be used for the unauthorized transmission of bulk email, should this occur the transmission would be considered to have originated from the customer.

4.3. Customers must not use the Smile Telecom International network or systems to transmit email with modified, false, inaccurate or purposefully erroneous headers or other information so that the origin of the e-mail is unclear or deceptive.

5. Disruption Of Service And Network Security Breaches

You agree to the following:

5.1. Under no circumstances should Smile Telecom International customers utilize Smile Telecom International's network or systems to gain or attempt to gain unauthorized access to any system. Actions considered unacceptable include, but are not limited to, network probing, network mapping, vulnerability scanning or the exploitation of vulnerabilities or mis-configurations in systems or networks, without prior authorization with the intention of gaining unauthorized access or for any other purpose.

5.2. Any packets transmitted onto or across the Smile Telecom International network by Smile Telecom International or its customers should contain the correct source address of the emanating system. Any packets for which this is not the case may be prevented from traversing the Smile Telecom International network without additional notice.

5.3. Networks must be configured so as not to accept external broadcast traffic.

5.4. Smile Telecom International customers must not utilize any protocol or service with the intent of disrupting or preventing the legitimate use of any service by others.

5.5. Customers must not use Smile Telecom International networks or systems to transmit viruses.

5.6. Customers must not use Smile Telecom International networks or systems to install directly or indirectly any unauthorized software or other system modification on any system without prior authorization of the system owner.

5.7. Customers must not attempt to intercept or modify any traffic traversing the Smile Telecom International network.

5.8. Smile Telecom International customers will not collect any personal information about other users of the Services without either the consent of those users.

5.9. Smile Telecom International does not make any guarantee about the security of data traveling over its networks. While Smile Telecom International takes every practical step to protect such data it remains the responsibility of the communicating parties to ensure the security and integrity of their data.

5.10. Smile Telecom International accepts no responsibility for the security of customer systems connected to the Smile Telecom International network. Such security remains the responsibility of the customer.

5.11. Where a customer feels their security / privacy may have been compromised via a system connected to the Smile Telecom International network it is entirely the customer’s responsibility to seek redress from any third parties. Smile Telecom International will take all lawful and practicable steps to assist in any such investigation which maybe required, subject to the rights of such third parties.

6. Use Of Material

6.1. Smile Telecom International customers accept that Smile Telecom International cannot control and is not responsible for the content of the Internet. Any concerns regarding the content of systems or networks not located on the Smile Telecom International network should be directed at the relevant system or network owners and not at Smile Telecom International.

6.2. Smile Telecom International customers agree to conform to Internet protocols and standards.

6.3. Smile Telecom International customers may not use Smile Telecom International networks or systems to distribute copyright material unless they are authorized to do so by the copyright owner.

6.4. Smile Telecom International customers must not use Smile Telecom International networks or systems for improper or unlawful purposes or to receive or send messages which are, in reasonable opinion, offensive, indecent, obscene, menacing, malicious or defamatory, or which infringe any intellectual property right (including, without limitation, trade marks, copyright, or rights relating to domain names), nor allow others to do so.

6.5. Smile Telecom International takes no responsibility for any material created or accessible on or through Smile Telecom International's Networks and Services that is not posted by or at the request of Smile Telecom International. Smile Telecom International does not monitor nor exercise any editorial control over such material, but reserves the right to do so to the extent permitted by applicable law. Smile Telecom International is not responsible for the content of any web sites other than Smile Telecom International's web sites, including for the content of web sites linked to such Smile Telecom International's web sites. Links are provided as Internet navigation tools only.

7. Violation Of This Acceptable Use Policy

Smile Telecom International is not obliged to take active steps to monitor customer compliance with this Policy. In the event that Smile Telecom International becomes aware of a breach of this Policy Smile Telecom International may take any or all of the following actions:

7.1. Smile Telecom International may inform a network administrator of an issue or incident;

7.2. Smile Telecom International may require help from a customer in resolving a security incident where that customers system(s) may have been involved.

7.3. Smile Telecom International may charge the offending party for the time and resources used in dealing with the breach; or

7.4. Smile Telecom International may, without notice, suspend or terminate a network connection or connections.

8. System and Network Security

Users are prohibited from violating or attempting to violate the security of Smile Telecom International's Network and Services, including, without limitation;

8.1. accessing data not intended for such User or logging into a server or account which such User is not authorized to access;

8.2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

8.3. attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";

8.4. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or

8.5. taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. Smile Telecom International will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting Users who are involved in such violations.

9. Other Activities

Smile Telecom International’s customers must not engage in any activity, either lawful or unlawful, which Smile Telecom International considers detrimental to its subscribers, operations, reputation, goodwill or customer relations.

10. Customer Familiarization

10.1. Customers are expected to make themselves aware of any laws relevant to the service they are providing.

10.2. Smile Telecom International is not responsible if a customer fails to make themselves properly aware of laws affecting the service(s) they provide.

10.3. Smile Telecom International may, at its sole discretion, modify this Policy from time to time. Your continued use of the Services signifies your acceptance of any modifications to this Policy. Please check the Policy from time to time, which can be found at http://www.smiletele.com

Smile Telecom Telecom Privacy Policy

1. Smile Telecom International takes the privacy of its Website users seriously. Below we set out our privacy policy, which governs the way in which we process any personal information that you provide to us. If we decide to change our privacy policy for the Website, we will post those changes here so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone.

2. Personal information, if at all, will only be collected with your consent.

3. Your personal information (which includes your name, address and any other details you provide to us now or during our relationship with you, which identifies you as an individual) may be processed and stored in a database, even after termination of the relationship, both by Smile Telecom International and its affiliates but it will not be disclosed to any third parties without your consent. We may also check and share your details with fraud prevention agencies who will record details of any false or inaccurate information provided by you where we suspect fraud. Records held by fraud prevention agencies will also be used by other organizations to help them make decisions on motor, household, credit, life and other insurance proposals and insurance claims for you and members of your household and to help prevent money laundering where applicable. You can ask us at any time for details of the credit reference and fraud prevention agencies to whom we disclose and obtain information about you;

4. Smile Telecom International may transfer your personal data to Smile Telecom International affiliates located outside the European Economic Area, and when you give Smile Telecom International your personal information you consent to any such transfer. Any personal data so-transferred will continue to be treated in accordance with this policy.

5. Smile Telecom International and its affiliates will use your information for the purpose of administering our relationship with you, such as: processing your requests, providing you with information about our products and services and for auditing usage of the site. If you wish us to cease processing the information we have about you, or if you do not wish to receive any marketing information, please send an appropriate request by e-mail to info@smiletele.com.

6. We may send a small file to your computer when you visit our Website. This will enable us to identify your computer, track your behavior on our Website and to identify your particular areas of interest so as to enhance your future visits to the Website. We may use cookies to collect and store personal data and we may link information stored by cookies with personal data you supply to us. Save for the use of cookies, we do not automatically log data or collect data apart from information you specifically provide to us. You can set your computer browser to reject cookies but this may preclude your use of certain parts of our Website.

7. We have implemented reasonable security policies, rules and technical measures to protect the personal data that we have under our control from unauthorized access, improper use and disclosure, unauthorized destruction or accidental loss. However we cannot guarantee that these will be effective, but Smile Telecom International will comply with all security measure legally set forth.

8. You have a right to request a copy of the personal information Smile Telecom International holds about you (in return for a small administrative fee, where applicable, to a maximum of 15 EURO) and to have any inaccuracies corrected.

Please address requests by post to:

Smile Telecom
P.O. Box 16015
2500 BA The Hague
The Netherlands