GOMO SIM Terms and Conditions
This GOMO pack (“SIM Pack”) contains the following:
(a) GOMO SIM card with the corresponding mobile number;
(b) GOMO QR to Portal (gomo.ph) that contains Promos and Terms and Conditions. By purchasing the SIM Pack, You, the subscriber, agree to comply with and observe the Terms and Conditions below and all future amendments.
1. GOMO is a mobile service provider operated by Globe Telecom Inc. It currently runs on the Globe Network.
2. The GOMO service may be used only if:
o the GOMO SIM card is used with a SIM-based mobile device specific to the SIM Pack;
o the mobile device is not SIM-locked to networks other than Globe, and not blacklisted by Globe or by the National Telecommunications Commission (NTC) due to non-payment, theft, loss or other reasons;
GOMO shall have the sole discretion on whether a particular mobile device or GOMO SIM card may access the GOMO network and use the GOMO service. GOMO’s records shall prevail in the event of any dispute on the eligibility of a particular mobile device for use with the GOMO Service.
3. The GOMO service requires the purchase and use of a GOMO SIM card. The GOMO SIM card that comes together with a GOMO SIM Pack does not contain any initial value unless a pre-purchase of promo is done upon SIM ordering. Access to GOMO service requires purchase of an offer via it’s GOMO mobile app. Once the offer is exhausted, continued access to the GOMO service requires the purchase of additional offer/s via the GOMO mobile app.
4. Your GOMO SIM card will expire by the date indicated on the GOMO SIM Pack envelope, if there is no activation of the GOMO SIM card. Other than this, your sim card will expire if no paid transaction has been made within one (1) year. To extend the life of your SIM card, purchase any GOMO data pack or roaming offer. Expired GOMO SIM cards will be permanently disconnected from the GOMO network, and the corresponding mobile number may be reassigned. If permanently disconnected, your GOMO SIM card can no longer be reactivated and
your mobile number that has been reassigned cannot be reacquired. You must purchase a new GOMO SIM Pack to avail of the GOMO Service.
5. All calls made, text messages sent, mobile data used, or GOMO Offers registered to using the GOMO SIM card (including, but not limited to, calls or messages to wrong numbers, fax tones, or answering machines; use of mobile apps; use of the mobile device as a Wi-Fi hotspot; making video calls; or registration to content promos) will be subject to GOMO’s Rates prevailing as of the time the calls are made / the text messages are sent / mobile data is used / GOMO’s offers are registered to, plus applicable toll charges and taxes. International calls, text messages, or use of mobile data shall be charged at the exchange rate prevailing at the time that such calls are made / text messages are sent / mobile data is used. GOMO reserves the right to change GOMO Rates without prior notice, upon effectivity of the NTC Order approving such change(s). GOMO promos are priced separately and have their respective validity periods and terms and conditions of use.
6. It is your responsibility to secure, safe keep, and store your GOMO SIM card, as well as monitor and use any GOMO offer in your account, and protect these things from loss, theft, damage, or unauthorized use. The GOMO SIM card is assigned unique personal identification number (PIN) and personal unlocking key (PUK) codes that are printed on the SIM bed which you should keep safe and secure at all times. The PIN codes are security numbers that must be keyed into the GOMO SIM card in order to explore mobile device services and other features; the PUK codes are security numbers used to unlock the GOMO SIM card that has been blocked due to erroneous input of PIN codes. GOMO does not store backup copies of the PIN and PUK codes issued with GOMO SIM cards, and therefore cannot issue or generate backup or replacement PIN and PUK codes.
7. All calls made, text messages sent, mobile data used, (including, but not limited to, calls or messages to wrong numbers, fax tones, or answering machines; use of mobile apps; use of the mobile device as a Wi-Fi hotspot; making video calls; or registration to content promos) shall be automatically charged against your standing GOMO offer registered to and shall be presumed to be made, sent, used, registered or authorized by you. GOMO will not entertain any claim for rebate, return or refund on account of unauthorized use of the GOMO SIM card. You acknowledge and agree that it is inherent in the nature of a prepaid mobile service that details or an itemized billing of calls made, text messages sent, or mobile data usage in connection with a GOMO SIM card cannot and will not be provided by GOMO.
8. All order transactions made via GOMO website or mobile app are considered final once payment has been confirmed. GOMO Offers, regardless of how obtained, is not redeemable or refundable for cash, kind, promo, etc.
9. If for some reason you are unable to receive your order or offer purchased, you may reach out to GOMO through our channels and social accounts for assistance.
10. Claims of defects in the GOMO SIM card shall be entertained if brought to GOMO’s attention within seven (7) days from the date of purchase and only if there has been no prior usage and if it has missing, incomplete, or unclear card numbers (including PIN or PUK codes). All required documents and any replacements shall be subject to the investigation by and sole discretion of GOMO.
11. If your SIM gets lost, stolen or damaged, you can purchase your new SIM via GOMO.ph or through the GOMO app. However, please note that the mobile phone number on the lost, stolen or damaged SIM, as well as any offers associated with said phone number, cannot be transferred to the new SIM.
12. You shall not use the GOMO service, GOMO SIM card, or GOMO Offers for any unlawful, fraudulent, illicit, or abusive purpose. GOMO (including its mobile service operator) reserves the right to suspend or terminate service to any subscriber who shall exhibit abusive usage as determined at GOMO’s (including its mobile service operator) sole discretion. GOMO (including its mobile service operator) reserves the right to disconnect or suspend the GOMO service and/or refuse to reconnect the suspended GOMO SIM card if you or any other person, at the sole discretion of GOMO (including its mobile service operator), are/is found to use the GOMO service for any abusive, fraudulent purpose or illegal activities. GOMO (including its mobile service operator) also reserves the right to file the appropriate legal action against you and to charge the appropriate pre-termination fee, if any.
Unauthorized Activities. As a GOMO subscriber, you shall not engage in the following activities (“Unauthorized Activities”):
o Resale or any commercial use of the GOMO service, without the prior express written consent of GOMO (including its mobile service operator) ;
o Utilization of the GOMO service in bypassing or in activities that tend to bypass the GOMO (including its mobile service operator) network, billing and/or traffic routing;
o Use of the GOMO service in prohibited services like callback, dial back, unauthorized audio text, international and national simple resale (ISR/NISR), international revenue share fraud (IRSF), premium rate service (PRS) fraud, Internet fraud, hacking, text spamming, text flooding, text hoax, and other similar services;
o Tampering, altering, modification, or unauthorized programming of the GOMO SIM card or its digital reference; or
o Other similar or analogous activities.
You shall be liable to GOMO (including its mobile service operator) for any and all damages resulting from your commission or tolerance or abetting the commission of any of the above Unauthorized Activities. In addition, you shall be liable to GOMO (including its mobile service operator) for any and all compensation fee on account of any of the above Unauthorized Activities and unauthorized commercial use of the GOMO service. The compensation fee is payable, without any limitation from the time the Unauthorized Activity occurred or is committed until the actual cessation thereof. A penalty equivalent to one hundred fifty percent (150%) of the computed revenue losses shall be charged against you if proven accountable for such Unauthorized Activity. For this purpose, GOMO(including its mobile service operator) has the right to full access, without the need of court order, to the relevant books and all other records held by you or in your possession in order to ascertain the volume of traffic and total amount of compensation fee payable. In the absence of said record, GOMO (including its mobile service operator) shall have the sole discretion in the determination of the bypass compensation.
Illegal Activities. In addition to the Unauthorized Activities referred to above, you as a GOMO subscriber undertake not to use the GOMO service, GOMO SIM card or GOMO Offers for any activity that is contrary to morals and/or public policy, or which violates any ordinance, law, decree, order, regulation, or treaty, including those penalizing identity theft/usurpation and violations of the Cybercrime Law, Data Privacy Act, Intellectual Property Code, and Anti-Child Pornography Act, among others (“Illegal Activities”). You agree to indemnify and hold GOMO (including its mobile service operator) and injured third parties free and harmless from any liability, suit, or damage arising from or connected with your Unauthorized and/or Illegal Activities.
Apart from the remedies above, you further authorize GOMO (including its mobile service operator) to supply any and all information requested by any law enforcement or government agency/ies, or other private entities, the latter within the limits provided for by law, relative to your subscription to the GOMO service, for which you hereby irrevocably and unconditionally waive any and all relevant remedies under the law, including but not limited to the right to claim damages against GOMO(including its mobile service operator).
13. Except as otherwise provided herein, GOMO (including its mobile service operator) does not expressly or impliedly warrant the condition or merchantability of the information or communication services provided through the GOMO service for any particular use or purpose.
All information and translations are provided on an “AS IS” basis. GOMO’s (including its mobile service operator) liability, if any, for the loss or damage caused by defects in the performance or non performance of the GOMO service shall be limited to a credit in your favor, for the amount paid for the GOMO SIM card or the GOMO Offers . The GOMO SIM card and GOMO Offers are non-refundable and non replaceable in the event of loss, theft, or damage due to misuse, mishandling, or neglect.
14. GOMO (including its mobile service operator) shall not be responsible for the GOMO service and any related problems or technical malfunction of any telephone network or lines, computer online systems or servers, service providers, computer equipment, software, or any combination thereof (including those of third
parties), including any injury or damage to any user or any other person related to or resulting from participation in or sending or receiving of any communication of any materials through the GOMO service. In addition, GOMO (including its mobile service operator) shall not be liable for:
· any delay, interruption, or termination of the GOMO service, whether caused by administrative error, technical, mechanical, electrical, or electronic fault or difficulty or any other reason or circumstances beyond GOMO’s (including its mobile service operator) control (including, but not limited to, acts of God, strike, labor disputes, fire, disturbance, action of government, atmospheric conditions, lightning, interference or damage by third parties or any change in legislation);
· any inaccuracy or omission, lack of clarity, interference in, misdirection or destruction of any information transmitted to or from you, howsoever caused;
· theft or unauthorized use of the GOMO SIM card or any loss, costs, damages, or compensation incurred by or payable to any third party by you;
· transmission or non-transmission of any illegal, false, misleading, derogatory, libelous, obscene or vulgar messages or information; or any network congestion or service degradation for reasons not within its control.
15. The intellectual property rights to or over content (including, but not limited to, information, communications, software, images, videos, and/or sounds contained on or available through the GOMO service) and its parts provided by GOMO, its content providers, and/or third-party licensors belong to GOMO , its content providers, and/or third-party licensors, as the case may be. All rights are reserved. The contents of the GOMO service cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical photocopying or recording. Without prejudice to the foregoing, you agree that the material and content contained within or available through the GOMO service may not be used or distributed for commercial, unlawful, fraudulent, illicit, or abusive purposes, or in relation to Unauthorized or Illegal Activities as defined in these Terms and Conditions.
16. You agree and consent to the collection, disclosure, analysis, processing and/or use, either by GOMO (including its mobile service operator) or by third parties on behalf of GOMO (including its mobile service operator), of your personal data, including your personal information, usage or billing data volunteered by you or gathered from your use of the GOMO service, for research, marketing, and improving products, services and other purposes. Specifically, you agree and consent that Globe and its subsidiaries and affiliates (such as but not limited to Innove Communications, Inc., Adspark, Inc., G-Xchange, Inc. [GCash], Globe Fintech Innovations, Inc. [Mynt], Fuse Lending, Inc. [Fuse] among others) [Globe Group] and Globe partners, may use your subscriber personal information and data (either under control of or processed by Globe Group) to:
a) manage your subscriber account, carry out customer care activities and support staff training (including but not limited to monitoring of calls made to Globe hotlines, or of e-mails or text or electronic messages sent by subscribers to Globe), and to perform after-sales transactions (such as but not limited to promo upgrades or revisions);
b) monitor the quality and security of the Globe network and test and maintain Globe’s IT systems;
c) analyze subscribers’ use of the GOMO Service for marketing purposes including but not limited to the calls and messages that Subscriber sends and receives;
d) send to emergency services (if subscriber makes an emergency call), including subscribers’ approximate locations;
e) contact subscribers with marketing messages such as cross-sell or upsell of current and new products/services, commercial and promotional advertisements, loyalty and rewards programs, and other broadcast push messages;
f) perform credit scoring and sharing with Globe group and Globe partners; and
g) provide government requirements and for the social good.
Further, you understand and agree that:
(i) GOMO (including Globe Group) does not include
subscriber details in any directory or directory-enquiry service. If you want to have their subscriber information included in these services, you should contact GOMO ;
(ii) GOMO, Globe and/or its subsidiaries and/or affiliates may contact you via any of the following channels: text, call out, e-mail, USSD, and other digital assets, such as online or mobile apps;
(iii) During roaming, GOMO and its roaming partner in the storage, treatment and transfer of your personal data may be subject to regulation different from the regulation in the Philippines.
(iv) you may amend, update, revise or delete certain parts of the personal data you provided to or collected by GOMO (including Globe and Globe Group)at any time via the GOMO app or via email
(v) you may also take with you all of the personal data you provided to GOMO when you leave the network (this may be provided via a PDF file upon request)
(vi) should you not want to receive marketing or other messages from GOMO, Globe and/or its subsidiaries and/or its affiliates, or from other organizations, you must immediately contact GOMO through the GOMO website (www.gomo.ph) or by downloading the GOMO app and sending a ticket request
(vii) by using the GOMO service, you agree and consent to the disclosure and the processing/analyzing, either by GOMO or by third parties on behalf of GOMO Globe Group or Globe partners, of your personal data, including location profiling and interest profiling based on sites you visited, for marketing and other purposes. For this purpose, you acknowledge and agree that GOMO or by third parties on behalf of GOMO, Globe Group or Globe partners may send you commercial and promotional advertisements, market research surveys, and other broadcast push messages with regard to Value Added Services (VAS) and content;
(viii) the provisions of the GOMO “Fair Use Policy for Mobile and Data Service” as appearing on the GOMO website (www.gomo.ph) governs your use of the GOMO Service, of the GOMO SIM card, or of the GOMO Offers; and
17. GOMO (including its mobile service operator) shall not be liable to you or to any third party, directly or indirectly, for any direct, indirect, consequential or other damages, losses, costs, compensation, or liability resulting from your use, misuse, or abuse of the GOMO service, GOMO SIM card, or GOMO Offers , or any act, failure, error, loss, damage, or theft pertaining to the said products and services, whether in whole or in part, or for any loss, damage, theft, neglect, mishandling or misuse/abuse of your mobile device(s).
18. GOMO reserves the right to amend these Terms and Conditions at any time, with or without prior notice. It is your responsibility to regularly check any changes to these Terms and Conditions available on the GOMO website (www.gomo.ph) from time to time. Your continued use of the GOMO service or of the GOMO SIM card after any such changes constitutes acceptance of the updated or revised Terms and Conditions, if any.
19. You and your use of the GOMO service, GOMO SIM card, GOMO Offers, as well as any special promos availed of by you, including their updates are governed by the Prepaid Service Terms and Condition. You shall be responsible for reading the Terms and Conditions pertaining to GOMO service, GOMO SIM card, GOMO Offers, as well as any special
promos availed of by you, including their updates, as posted in GOMO’s website or other official social media or published in newspapers of general circulation and you hereby agree to be bound by them.
20. The foregoing Terms and Conditions shall be construed in accordance with Philippine law, including matters on enforcement and performance. All suits involving the GOMO Service shall be filed exclusively with the proper courts in Taguig City, Philippines.
[Updated as of 24 April 2020 ]
ACCEPT TERMS & CONDITIONS