These general terms and conditions describe the rights and obligations of Footballerista Mobile (Suisse) AG and the Customer concerning the delivery, performance and use of the Services.
1.1. Acceptable Use Policy:
Footballerista’s current acceptable use policy as published by Footballerista at https://fairplay-mobile.com/privacy-policy Footballerista may update the Acceptable Use Policy from time to time and all changes will be published on this website.
1.2. Charges:
The then-current tariffs applicable to the Plans from time to time for the use of the Services. The current tariffs are available at https://fairplay-mobile.com/plans
1.3. Coverage Area:
The geographic area within which the Services are available. This includes (a) the OneWorld Coverage Area and (b) any Zone that you purchase.
1.4. Customer:
Any individual, company or partnership that purchases a Plan. In these Terms and conditions, the Customer is sometimes referred to as “you” or “your”.
1.5. Footballerista:
Footballerista Mobile In these Terms and conditions Footballerista, is sometimes also referred to as “we” or “our”.
1.6. Network:
The telecommunications networks used by Footballerista to provide the Services to you.
1.7. OneWorld Coverage Area:
The geographic area encompassing the then-current list of territories where the Services are available by default, as published by Footballerista from time to time on https://fairplay-mobile.com/ Footballerista may remove or add territories from/to such list of territories and such changes will be published on such website.
1.8. Plan and Plans:
Footballerista’s current mobile telephone service plans that Footballerista makes available to its customers. The currently available plans, including applicable Plan Terms, are published by Footballerista on its website https://fairplay-mobile.com/. Plans may include travel passes, travel pass addons, subscription plans, and data for Zones. Footballerista may change such Plans and such changes will be published on such website.
1.9. Plan Terms:
The current terms applicable to a specific Plan as published by Footballerista on https://fairplay-mobile.com/ Plan terms govern, without limitation, the size of the Plan’s data package, data usage limits, validity periods, and enablement of auto renewal.
1.10. Services:
The mobile telephone services that Footballerista provides to you under a Plan that you have purchased and redeemed. Services may include voice, text, and messaging. As of the date of last update of these Terms and conditions, Services include data services only.
1.11. Zone and Zones:
A Plan that you can purchase for a geographic area beyond the OneWorld Coverage Area to extend the coverage area. The list of territories for each Zone is published by Footballerista on https://fairplay-mobile.com/. Footballerista may at any time remove or add territories from/to such lists of territories and such changes will be published on such website.
2.1 After you have purchased and redeemed a Plan, Footballerista will provide the Services in the Coverage Area to you in accordance with the Plan Terms of the purchased Plan. To provide you the Service, Footballerista will use the Network of one or more telecommunications operators. All Plans need to be purchased through Footballerista’s mobile application or website. Primary use of voice and text message services must occur within the OneWorld Coverage Area.
2.2 Mobile telephony is a form of wireless communication and operates on the basis of the transmission of radio and signal frequencies. The transmission of these radio and signal frequencies may be affected by congestion on the Network due to the number of calls or messages or the amount of data being sent and received. Actual availability, speed, and coverage of the Services may vary.
2.3 The transmission of the radio and signal frequencies may also be affected by the location of the base stations, obstacles such as buildings or underpasses, and by external factors such as geographic or atmospheric conditions. The Services may also be affected by the quality of the mobile telephone chosen and used by You.
2.4 The Services are subject to the contracts and service quality levels that have been agreed between other national and international telecommunications operators. Footballerista does not have any control over the contracts or service quality levels agreed between these telecommunications operators.
2.5 For the reasons described above, Footballerista does not warrant or guarantee that the Services will be uninterrupted or error free (in terms of Network availability, quality or coverage) in all locations at all times, or that the Services will be suitable for your specific requirements, or that the Services will be completely secure against unauthorized interception. Footballerista will not be liable to you for any loss, damage or inconvenience incurred by you as a result of any disruption to the Services for the reasons described above.
2.6 You can purchase Plans as an add-on to extend the geographic coverage area of your Plan beyond the OneWorld Coverage Area. The availability and purchase of such Plans are subject to the specific Plan Terms of the applicable Zone. Any purchased Plan will be governed by the Plan Terms, including but not limited to, data usage limits, validity periods, and any other applicable conditions.
2.7 Footballerista may provide you with the opportunity to purchase certain additional products via its mobile application or website. Charges must be enabled through your mobile account.
3.1 You agree to pay all Charges that Footballerista bills you or that were accepted or processed through your mobile phone. All Plans are measured on the basis of the validity periods set out in the Plan Terms (including for purposes of determining your data usage levels, as described below in Section 4 below). Unless specified otherwise in the Plan Terms, Charges must be prepaid, including for subscription plans, where the Charges will be billed in advance of the Plan’s validity period.
3.2 All Charges, including applicable taxes, fees, and surcharges, will first be deducted from the balance in your FairPlay Mobile Wallet, and any remainder, if any, will be charged to your credit card. If there is no balance in your FairPlay Mobile Wallet, your credit card will be charged for the amount of the Charge. The currency for any Charges is EUR (€). The FairPlay Mobile Wallet balance, renewal balance, and amount due, may be displayed in EUR 0.01 (one cent) increments only, and may be rounded down to nearest EUR 0.01 (one cent) to ensure accurate recharge amount is calculated and to avoid service interruption. By purchasing a Plan, you agree to provide us with accurate and complete payment information and to immediately report to us all changes to your payment information.
3.3 Certain Plans may offer the option to set up automatic payments using the payment method on your account. These payments will be automatically charged before a new validity period begins (auto-renew). When you purchase a Plan with auto renew enabled, automatic payments for Charges will continue until you cancel. The recurring charge may vary if you change your Plan or we change our Charges. You may cancel auto renew or review your payment preferences through Footballerista’s mobile application or website. You must change your auto renew preferences or cancel 72 hours prior to the end of the current validity period in order for the change to go into effect for the next validity period.
3.4 The credit balance in your FairPlay Mobile Wallet may only be used for the Services. You are not entitled to receive any cash refund for any credit balance remaining in your wallet at any time, including where you fail to use the Services and your eSIM has been deactivated or where this agreement has been terminated.
4.1 For Plans including voice and text, if any are available, Footballerista rounds up any fraction of a minute to the next full minute or text message by unit. Airtime usage is measured from the time Footballerista’s telecommunication services operator begins to process a call (before the phone rings or the call is answered) or text message through its termination of the call/text (after you hang up) and the network disconnects.
4.2 Plans including data are intended for personal use only. Data usage is rounded up for national data roaming in home zone (reserved for future use) to the next full-kilobyte increment and for international data roaming to the next full-hundred-kilobyte at the end of each data session. Your data usage includes, among other things, text, web browsing, instant or picture messages, and email whether read or unread, sent or received, solicited or unsolicited. We use filters to block spam calls/messages, but we do not guarantee that you will not receive spam or other unsolicited calls/messages, and we are not liable for such calls/messages.
4.3 All Plans, including Unlimited Plans, have a 5G and/or 4G LTE data usage limit over the Plan’s validity period, all in accordance with the applicable Plan Terms. Our telecommunication operators measure your actual upload and download data usage to determine if your total actual usage, as aggregated over the applicable validity period, exceeds the data usage limit for the Plan you purchased. Partial megabytes are rounded up. If such excess occurs, your network speed may be throttled to slow speeds or you may be unable to send and receive data (which may prevent you from sending or receiving data or messages) until the end of the applicable validity period, except to the extent you purchase a data add-on. Once you begin a new validity period, your data usage limit will be reset and your upload and download speeds will be restored. Fair use policy of roaming services applies. Roaming is when you use our service plan on your device while travelling outside the country where you live or have stable links i.e. you work or study there. So, as long as you spend more time at home than abroad, or you use your mobile phone more at home than abroad, you are considered to be roaming. This is considered a "fair use of roaming services". Once you reach a certain allocation of data (based on the package contracted for), the Fair Usage Policy will apply. Your speed can be throttled the bandwidth down to 64 kbit/s until end of current 30-/31-day period at which point speed is automatically restored to full available speed. This will apply, if service plan is used for more than 500 call minutes or more than 500 text messages in the current 30-/31-day period, we are entitled to block outgoing calls or terminate the contractual relationship for good cause of misuse or service plan is used for more than 80 GB of data in the current 30- /31-day period, we are entitled to throttle the bandwidth down to 64 kbit/sec. or to block the current billing period for further use or service plan is used for constantly used for more than 2 GB of roaming data per day in the current 30-/31-day period, we are entitled to terminate the contractual relationship for good cause of misuse.
4.4 Actual upload and download data usage includes, without limitation, all your requests to upload or download data, whether or not such data is actually uploaded or downloaded, as well as network overhead. For example, if you request that an image be downloaded to your device or your mobile hotspot (tethering), but travel outside of your network coverage area before the download is complete, such request will be included in your actual usage even though the image was never downloaded. Your actual upload and download usage is much more likely to exceed your Plan’s data usage limit if you use streaming video and/or a mobile hotspot (tethering), if you download significant quantities of music files, movies, and/or software applications, and/or if you engage in other high-bandwidth activities. The amount of high-speed data available for Mobile Hotspot (tethering) is limited to a maximum of one third of the total unthrottled GB volume of the respective tariff within a 30- /31-day service period. Certain data-intensive activities including but not limited to online gaming, file downloads/uploads, and video and audio streaming, may be limited and/or made inaccessible on network.
4.5 Footballerista or Footballerista’s telecommunication operators may reduce speed to prevent network congestion, block country access until the end of the applicable validity period, or completely or permanently block the Plan and/or your account.
4.6 Your Plan is intended for personal web browsing, messaging, and similar activities on your devices and not on any other equipment. Primary use must occur in the OneWorld Coverage Area. Other uses, including for example, using your device as a modem or tethering your Device to a personal computer or other hardware, may be permitted under your Plan, but are in any event subject to the Acceptable Use Policy.
4.7 Usage of the Services requires an eSIM capable mobile phone. Associated with your eSIM is the PIN code (personal identification number) and the PUK code (personal unlocking key). The PIN and PUK codes must never be kept together. You will take every necessary precaution to preserve the secrecy of your PIN and PUK codes. You will be liable for any fraudulent or improper use of your eSIM that results from the intentional or accidental disclosure of your PIN or PUK code or the transfer of your eSIM to another person.
5.1 By using the Services, you that you do so because you want to use the Services and not for any other purpose. Furthermore, you agree to abide by the Acceptable Use Policy.
5.2 The Services may only be used for the following purposes (and your use of the Services must be initiated from your supported, compatible device): (i) voice calls between two individuals; (ii) text and picture messaging; and (iii) internet browsing and ordinary content downloads. You agree not to misuse the Service, including but not limited to: (a) reselling or rebilling the Service; (b) using the Service to engage in unlawful activity, or in conduct that adversely affects Footballerista’s customers, employees, business, or any other person(s), or that interferes with its operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or “denial of service” attacks; (c) using the Service as a substitute or backup for private lines or dedicated data connections; (d) using the Service for continuous, mobile to mobile or mobile to landline voice calls; (e) using the Service for automated text or picture messaging to another mobile device or email address; (f) uploading, downloading or streaming of continuous video or audio; (g) tampering with or modifying your device; (h) “spamming” or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes; (i) reselling devices for profit, or tampering with, reprogramming or altering devices for the purpose of reselling the device; (j) using the Service in connection with server devices or host computer applications, including continuous web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, voice or SMS relay, or peer-to-peer (P2P) file- sharing; (k) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Footballerista’s or another entity’s network or systems; (l) running software or other devices that maintain continuously active internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions (e.g., using a service plan for web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices); (m) using the Service to relay voice calls or text and picture messages not originated from your device; or (n) assisting or facilitating anyone else in any of the above activities. You agree that you will not install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. Voice services may not be used for monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, relay services, interconnection to other networks, telemarketing activity, autodialed calls or robocalls.
6.1 Footballerista will only generate, collect, use, process and store your personal data in accordance with all applicable laws and regulations, as amended from time to time.
6.2 Footballerista has implemented appropriate technical and organizational security measures to protect your personal data against accidental or unlawful destruction, accidental loss or alteration, or unauthorized or unlawful storage, processing, access or disclosure.
6.3 For Footballerista to perform its obligations under this Agreement, Footballerista may need to disclose your personal data to other companies that will process your personal data on behalf of Footballerista. These third parties are permitted to use your data only in accordance with our instructions and the law.
6.4 Footballerista may also need to transfer your personal data to third parties, for example, our suppliers and service providers, in countries outside Switzerland and the European Economic Area. Where the data protection laws of these countries do not provide the same level of data protection as in Switzerland, we will take steps to ensure your privacy rights are at least as compliant with the requirements of Swiss law, including requiring appropriate security measures from such third parties, set out in a contract between us, to protect your personal data; and monitoring compliance with such security measures for the lifetime of our relationship with such third parties.
6.5 Additional information about data protection at Footballerista can be found in Footballerista’s privacy notice, available at https://fairplay-mobile.com/privacy-policy .
7.1 In the event of a breach of contract, Footballerista is liable for the proven damages unless it proves that it is not at fault. However, to the maximum extent permitted by law, liability for damages resulting from slight negligence is excluded.
7.2 Footballerista’s liability for consequential damages, loss of profits, and data losses is excluded to the extent permitted by law. Footballerista is also not liable for damages resulting from illegal or contractual misuse of its Services.
7.3 Footballerista is not liable if the provision of services is temporarily interrupted, partially or wholly restricted, or made impossible due to force majeure. Force majeure is particularly understood to include power outages and the occurrence of harmful software (e.g., virus infestation) or other cybersecurity incidents (e.g., hacking).
8.1 We may terminate this agreement if you violate these terms and conditions or the Acceptable Use Policy.
8.2 We may terminate this agreement if the following occurs: (1) you have no active Plan, which places you in suspended status, and (2) you have not successfully paid for any new Plan or Plan renewal while in suspended status.
8.3 Upon termination for any reason, we may reassign the phone number associated with your Plan, and you may be unable to transfer that number to a different carrier. To ensure uninterrupted service, you are required to renew your Plan before you’re the validity period expires.
9.1 Footballerista reserves the right to change these terms and conditions for legal or regulatory reasons. We may also need to change these terms and conditions as a result of changes by our Network suppliers or for other technical or commercial reasons, such as changes to our Services. We may also change our Charges or introduce new Charges. Changes to Charges will be reflected in our tariff table from time to time.
9.2 Footballerista will inform you of any changes in an appropriate manner (e.g., on the invoice or via email). If Footballerista increases prices in a way that results in a higher overall cost for the Customer, or if Footballerista significantly changes a service used by the Customer to the Customer's disadvantage, Footballerista will provide timely advance notice. You can then terminate the affected service without financial consequences before the change takes effect. If you do not terminate the service, you are deemed to have accepted the changes.
10.1 This agreement, together with the applicable Plan Terms, represent the entire agreement between Footballerista and you in relation to the Services. They take precedence over all prior agreements (written and oral), and all representations or other communications between Footballerista and you. Our distributors are not authorized by us to amend this agreement or to agree any terms which are inconsistent with these Terms and conditions.
10.2 If any term or condition of this agreement is determined to be partially or wholly void or unenforceable by any court or body of competent jurisdiction or as a result of any legislation, it shall be void and unenforceable only to that extent. The validity and enforceability of the other terms and conditions shall not be affected.
10.3 Footballerista is entitled to assign all of its rights and obligations under this agreement to a third party. You are entitled to assign all of your rights and obligations under this agreement to a third party with the written consent of Footballerista. 10.4 This agreement is governed by Swiss law and the courts of Zurich will have exclusive jurisdiction over any dispute under this agreement.