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Terms and Conditions

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Terms and Conditions

1. Interpretation

“Account” means our record of your credit and charges and, where applicable, personal details.“Agreement” means the agreement between us and you consisting of the terms and conditions in this document, the terms and conditions of any applicable product, service, promotion and competition, the applicable tariffs and charges and the application form. “Bar” means a block placed by us on some or all the Services you use, with the exception of access to emergency services such as the police and fire departments. “Barred” has a corresponding meaning. “Call” means a transmission made over our Network for the purpose of communicating a voice or data message, which includes without limitation short text messages, multi-media messages calls to WAP services). “Customer Care Centre” means our customer care centre which contact details are listed on our Website. “Digicel SIM Card” means the Digicel subscriber identity module card which is connected by us to the Network. “Equipment” means the Handset together with the Digicel SIM Card. “Handset” means the type-approved mobile handset or any other device used by you to access the Network. “Network” means our mobile and/or other telecommunications network and systems used to provide the Service. “Registration” means our acceptance of your application for Service. “Register”, “Registering” and “Registered” have a corresponding meaning. “Service” means the mobile telecommunications services and related products and services that are made available to you by us or our agents from time to time. “Tonga” means the Kingdom of Tonga. “Website” means our website at www.digiceltonga.com “we” or “us” means Digicel (Tonga) Limited and “our” has a corresponding meaning. “you” means the customer having a billing relationship with us and “your” has a corresponding meaning.

2. Agreement

This Agreement begins once we have accepted your application for the provision of the Service and activated your connection to the Service. We may decline your application and refuse to activate your connection to the Service at our sole discretion. The activation of your connection to the Service is subject to satisfactory risk assessment, credit rating and/or receipt of a security deposit, the level of which shall be determined at our sole discretion.

You agree that various related services, promotions and competitions of ours and third parties may be subject to additional terms and conditions which may from time to time form part of this Agreement.

You agree that the application of any consumer legislation to this Agreement shall be excluded (or, if it cannot be excluded, limited) to the maximum extent permitted by law. To the extent that the application of any consumer legislation cannot be excluded (or limited, as the case may be), this Agreement shall not prohibit you from exercising your rights under that legislation.

You agree that we have the right to unilaterally amend a part or the whole of the Service or this Agreement from time to time subject to notifying you of any material amendment. Such notification may be by way of advertisement in the national media, our Website, SMS, voice message, post or email. You agree that using the Service after our notice of amendment shall be deemed acceptance of that amendment. Please note that our partner dealers or any third parties are not authorised to amend this Agreement or to agree any provision which is inconsistent with this Agreement.
Any notice that you are required to send to us must be sent to our principal office at Nuku’alofa, Tonga.

Your interests in this Agreement are personal to you. You shall not assign or otherwise transfer this Agreement in whole or in part. If you are a business and your effective management or control is changed in any way, then this will be treated by us as a transfer of this Agreement entitling us to end it.

We may assign or otherwise transfer this Agreement in whole or in part without your consent.

This Agreement is governed and construed in accordance with the laws of Tonga and we and you agree to submit to the exclusive jurisdiction of the Courts of Tonga.

3. Your Obligations

You are responsible for the acts and omissions of all persons using the Equipment, whether or not authorised by you. Without prejudice to the generality of the former obligation or to any provision of this Agreement, you agree to:

(a) provide valid proof of your identity that we deem acceptable;

(b) ensure that information you provide to us is correct, complete and up to date, and in particular notify us in writing at least 5 business days prior to billing if any of your customer information, contact information or financial information has changed;

(c) not use or permit the use of the Service or the Equipment for any improper, abusive, indecent, obscene, unlawful, unauthorised, defamatory or fraudulent purpose or to cause any injury, offence or annoyance to any person, including by way of sending unsolicited commercial messages to any person;

(d) not do anything that may harm our, or any third party, property;

(e) not interfere with any part of our Network and/or Service;

(f) not use or permit the use of the Service or the Equipment or introduce anything (including any virus) so as to cause the operation of the Network or the quality ofthe Service to be jeopardised, impaired or interrupted or to interfere with the integrity or security of any telecommunications or IT network or system;

(g) not use the Service to spam, mail bomb, publish any offensive or unlawful material, harvest information about others, create a false identity, transmit or upload material which breaches any third party right, or any other similar activity;

(h) not incite, encourage or induce members of the public to call particular numbers simultaneously where this may adversely affect the Service and/or the Network;

(i) ensure that nothing is connected to the Network other than equipment that we have approved;

(j) be solely responsible for the manner in which the Equipment is used, including being solely responsible for paying all tariffs and charges arising from the use of the Digicel SIM Card (whether authorised or unauthorised);

(k) comply with all of our reasonable instructions and requests and those of authorised authorities, in particular with respect to the manner of using the Equipment and/or Service, the investigation of offences and/or the migration to newer technologies;

(l) immediately report, and confirm in writing, if your Handset and/or Digicel SIM Card has been lost, stolen, damaged or used without authorisation;

(m) protect us against any legal action taken against us in connection with your use of the Services and any other use of the Equipment;

(n) reimburse us for all costs and expenses, including reasonable legal fees, incurred as a result of us deeming it necessary to enforce our rights under this Agreement by way of legal or other action; and

(o) ensure that anyone that uses the Equipment also meets the obligations of this Agreement.

4. Service Period

By signing the application form you agree to a minimum Service period of twelve (12) months from the date of signature on your application form. After the twelve (12) month period, this Agreement shall continue on a month by month basis until it is terminated in accordance with its terms.

5. Security Deposit

You may, at our sole discretion, be required to make a security deposit in order to be connected or reconnected to the Network. This security deposit is refundable without interest after this Agreement is terminated and all outstanding monies due to us have been recollected, or at any such earlier time that we may, at our sole discretion, determine. You may also be required to pay an additional security deposit, to be specified by us, for the ability to roam, use your phone on another GSM network with which we have a roaming agreement or use a specific Service. These security deposits may be used by us to settle any outstanding debts owed to us at any time. A security deposit does not absolve you from your liability to pay for the Services rendered through the Digicel SIM Card, including all costs associated with its unauthorised use.

6. Credit Limit

You will be notified of your credit limit when your application is accepted by us. We reserve the right to increase or lower your credit limit at any time and from time to time, without prior notice. You agree that your debt to us for the Service we provide to you will not exceed your credit limit. Your credit limit, established at our discretion, relates to your current usage. Your use of the Service may be restricted or suspended if your debt to us exceeds your credit limit. However, you will continue to be liable for all charges in excess of any credit limit in place. Any Services that are restricted or suspended as a result of you exceeding your credit limit will be reinstated once your debt to us is reduced below the level of your credit limit.

7. Provision of Service

Our Services are provided by radio transmission. The quality and availability of our Services and our related products and services are subject to limitations including radio interference, physical obstruction, atmospheric conditions, network congestion, maintenance, outages, the configuration or limitations of your or your intended recipient’s Equipment, or other operational and technical difficulties.

We will always do our best to provide quality Services but we do not warrant that they will be continuously available or fault free.

We do not represent or warrant that the Service or our related products and services shall be available in all parts of Tonga or in any other country. We do not represent or warrant that the operation of the Service or our related products and services will be uninterrupted, timely, secure or error-free or that it will meet your or any other person’s specific requirements. In particular, we do not represent or warrant that calls will not be dropped, that GPRS connections will not be lost, that transmission of data calls shall occur at any particular speed or that all traffic can or shall be transmitted by the Network.

We do not accept responsibility for the security of any calls, including, but not limited to, GPRS connections. You use the Service at your own risk and you are solely responsible for adopting such appropriate security measures against unauthorised access to and interference with the Equipment or Service (or associated software/hardware and data) as may be necessary.

We may modify or suspend the Service and our related products and services wholly or partially, with or without notice, if we, in our sole discretion, reasonably believe it to be necessary or consider that such action is necessary or desirable for the purpose of upgrading, maintaining, modifying or otherwise the Network or other systems or if such action is required or reasonably requested of us by an authorised authority. We shall attempt to minimise such Service disruptions.

We reserve the right, without prejudice to any other provisions of this Agreement, to issue reasonable instructions concerning the use of the Service and/or the Network as may be necessary in the interests of safety, quality of service, other customers or telecommunications services as a whole, or for any other reason that we consider is necessary or desirable. As a result of such instructions or the modification or suspension of the Service, you acknowledge that you may not be able to make certain types of calls and messages using the Equipment.

We make no representation and give no warranty as to the quality, availability, suitability, authenticity or timeliness of any service provided by a third party. We reserve the right to suspend or withdraw access to all or any such services provided by a third party on a temporary or permanent basis at any time. Your use of such services provided by a third party is at your sole risk and we shall not be responsible or liable for any loss or damage suffered by you arising from the use of such services. You acknowledge that we may be required to pass on charges to you for such services.

8. Service Charges

Digicel shall normally offer a range of price lists with different tariffs and methods of charging. You are advised to read the relevant Digicel price lists and tariff rules, the details of which are available from us, our authorised dealers, the Customer Care Centre and from our Website. Tariff rates and tariff rules may vary depending on the type of Call sent or received. Our price lists, tariffs and tariff rules for the Service also form part of this Agreement and may, in the absolute discretion of Digicel, be amended from time to time. We reserve the right to amend such price lists, tariffs and tariff rules and will notify you of such amendment by notice in writing or by any other means we choose, such as via printed collateral, including outdoor signage, national media, our Website, SMS, voice message, post or email. You agree that using the Service after our notice of amendment shall be deemed acceptance of that amendment. Digicel reserves the right to cease offering and/or replace its price lists and rules from time to time.

You may be able to use the Service while located outside Tonga. However, access to networks outside of Tonga shall depend upon the arrangements between us and the operators of those other networks. Special tariffs and charges shall apply to you if you use the Service while located outside Tonga, the details of which are available from our authorised dealers, local media, Customer Care Centre and or Website.

9. Payment

When you use the Digicel SIM Card and/or Services, you incur a debt to us. You agree to pay for the Service we provide to you, and related services, no matter who uses them. Service charges, subscription fees, VAT/GST (which will be added on charges where applicable), regulatory fees, surcharges and other charges or taxes incurred in relation to the Service will be added to your debt and will form part of it.

You agree to pay this debt to us at a designated collection centre or in any such other manner that is reasonably determined by us and notified to you. We reserve the right to impose conditions on payment and to set mandatory methods of payment, including the right to reject and/or disallow cheque payments made otherwise than by certified or company cheque. If payment is made by cheque or any other instrument, we may charge a return fee should the cheque or other instrument be dishonoured. We reserve the right to reject and/or disallow cheque payments from you once dishonoured cheques have been processed through your Account.

We reserve the right to charge interest on overdue amounts at a rate of 5% per annum over the prime lending rate as instructed by the Bank of Tonga (the central bank).

We are not liable for any loss or damage suffered as a result of the use of, or failure in, any bill payments services. We are in no way obligated to provide Service to you if you have defaulted in payment of any sums due by you. You agree that, in this event, we may charge a reconnection fee and/or revise your payment terms and/or restrict your Service/feature types, prior to restoration of the Service. Should you refuse to accept this Agreement, we reserve the right to refuse to reconnect you.

We may require you or your estate to pay your total debt immediately if you do not carry out your obligations under this Agreement or if you become bankrupt or insolvent, or die, or upon legal attachment, levy or execution against you, your estate or your property or if the Digicel SIM Card is used contrary to this Agreement.

Invoices will be sent to your billing address unless otherwise specified. Invoices will include:

  • fixed charges, which we may charge in advance;

  • call charges and other charges and credits, which are charged in arrears or as otherwise determined by us;

  • details of any charges which have been invoiced previously but not yet paid; and

  • interest, if any.

Invoices will be deemed to be received by you on the date two (2) business days after the date that we have sent it to you, whether or not you have received it. Payment is due on fourteen (14) days following that date.

Invoices are available by methods other than post by contacting our Customer Care Centre. We will not be held responsible for non-receipt of invoices delivered by post. You must continue to make payments even when postal service is disrupted. We reserve the right to contact you by methods other than post to seek payment of amounts due. All invoices generated will be available for reprint on request. You may be required to pay for reprints.

We reserve the right to change billing cycles and/or to issue interim invoices.

10. Settling Disputed Charges

Invoices are based on our records. If you believe that there is a mistake in your invoice, please let us know as soon possible and provide us with evidence supporting your belief. You agree to pay the undisputed charges of the invoice in accordance with the remainder of this Agreement. We will investigate the matter and will notify you of the results of our investigation. If we agree that there has been a mistake in your invoice, a credit of the amount disputed will be applied to your account to offset the disputed amount incorrectly charged. If we do not believe that there has been a mistake, the unpaid charges on the invoice, plus any interest owing in relation to the disputed amount, shall become payable by you immediately. You agree that you may not dispute the charges on an invoice after the date which is three (3) months from the date of the invoice.

11. Foreign Currency Transaction

The amount of any transaction charged in any currency other than Pa’anga will be billed and payable by you in Pa’anga. We will make conversion from a foreign currency to Pa’anga at a rate of exchange determined by a bank in Tonga (preferably the central bank), plus any transaction charges, on the date we receive notification of the transaction and the relevant amount to be charged to your account.

12. Numbers, Digicel SIM Card, Handsets and Connection to the Network

You shall not have any proprietary rights whatsoever in any mobile number or any other number allocated to you by us from time to time. We reserve the right at any time to alter or replace a mobile number or other number allocated to you or any other person at any time. We will use reasonable efforts to give you notice of any change required. We will not be liable for any costs which you, or anyone else, may incur as a result of such a change.

We shall issue you with, and license you to use, a Digicel SIM Card on the condition that the Digicel SIM Card shall remain our sole property and shall be returned to us upon a request from us or anyone authorised to act on our behalf. You must not interfere with the Digicel SIM Card for any reason. Any Digicel SIM Card that is lost, stolen or damaged (through no fault of ours or the manufacturer) will require payment from you for its replacement, exchange or repair. Any Digicel SIM Card found defective due to faulty workmanship or design may be replaced free of charge once returned to us within the warranty period specified. You will be required to pay for all Service charges up to the time you notify us of the loss or theft of your SIM Card and your SIM Card is deactivated.

If you have purchased a Handset from us, you will only connect it to the Network and not use it to connect to any other Network within a two (2) year period, from the time we have activated the Service and you begin using the Handset, without authorisation in writing from us. All Handsets sold through our authorised dealer channel are locked to the Network. You are not permitted to remove, or have a third party remove, the lock without authorisation in writing from us. Full details of the authorisation format and unlocking process, including any associated charges, are available from our Customer Care Centre. For the avoidance of doubt, the obligations of this paragraph survive the termination or expiration of this Agreement.

Your Equipment is your responsibility. You must take every precaution to keep it safe. You may only connect to the Service using Equipment, as well as related accessories, that we have approved. We may from time to time specify the type of equipment that may be connected to or used by you in respect of the Service. You must immediately disconnect any equipment or device from the Network which is not approved or does not comply with our specifications. In no event shall you interfere with any equipment provided to you by us for use with the Service. We accept no responsibility for the maintenance, repair or condition of equipment or devices which are not our property or have not been supplied by us and you will maintain all equipment and devices in good condition which are used or connected to the Service.

13. Warranty Policy

All handsets supplied by us come with a manufacturer’s warranty against production defects. In addition to the manufacturer’s warranty, we offer a 7-day DOA (dead on arrival) replacement policy. Warranty and DOA conditions are available at any of our stores or by calling our Customer Care Centre.

14. Mobile Caller ID

Our Network may allow the display of your mobile number on receiving equipment. Where possible, if you have requested to have the display of your mobile number restricted, we will prevent your number being shown on any receiving equipment. Your number may still be displayed to emergency or other services, when you send a SMS and when you make calls to us. We also reserve the right to include any mobile number allocated to you in our directory lists, subject to any objection or preference you may have indicated to us.

15. Customer Information and Disclosure

You acknowledge and expressly agree to us, and companies in our group, collecting information about you. Such information may be collected from you and others or generated within our Network when you or anyone else uses the Service or any other service.

You acknowledge and expressly consent to us, and companies in our group, using your information for any lawful purpose including providing you with the Service, account management, billing, debt collection, credit assessments, directory purposes, market research, customer profiling, product and service development, marketing and customer care.

Your customer information may be retained for a reasonable period of time in a secure environment. You acknowledge that calls to our Customer Care Centre may be recorded for training and quality control purposes.

You acknowledge and expressly consent to us, and companies in our group, disclosing your information to third parties (such as to our agents, credit agents and other carriers) for purposes including credit referencing, fraud detection and prevention, debt collection, investigating insurance claims, directory purposes, for any reason required by law and for any other lawful purpose.

You may ask to see your account information and any other information that we hold about you and ask for any details that are wrong to be corrected. We reserve the right to refuse such a request where we are unable to verify that the person requesting the information is in fact you or a person authorised by you. We shall not be liable for the disclosure or non-disclosure of such information or for any inaccuracy or lack of completeness of any information disclosed.

You agree that we may contact any person or reference provided by you to verify the accuracy of your account details. You acknowledge that we, or our agents, may from time to time contact you by post, telephone, in person, email or text message regarding details of promotions, competitions or our other products and services. You hereby expressly consent to such contacts. If you no longer wish to be contacted in such a manner please notify us in writing.

16. Suspension & Termination

We may, without notice, suspend or terminate this Agreement wholly or partially for any of the following reasons:

(a) you supply or have supplied at any time false, inaccurate or misleading information to us;

(b) you fail to observe and/or comply with any of this Agreement or any relevant law or any of our property rights;

(c) if for any reason we are unable to provide the Service to you or if intermittent checks, modifications and/or maintenance are deemed necessary to the Network;

(d) you fail to pay us any sums due under this Agreement or any other agreement between us and you on the due date specified in the invoice, not withstanding the issue of any invoices thereafter;

(e) you are adjudicated bankrupt, become insolvent or make any composition or arrangement with or assignment for the benefit of creditors;

(f) you die or, in the case of a partnership, its or is intended to be dissolved;

(g) we reasonably believe that you are unable to comply with payment obligations, represent a credit risk, exceed any credit limit, or if we are unable to contact you following reasonable efforts;

(h) your usage of the Service is unusual or excessive;

(i) you notify us that your Handset has been lost or stolen;

(j) we are reasonably of the view that you are conspiring to defraud us or interfere with the operation and quality of our Network, including without limitation causing congestion; or

(k) you attempt to bypass the Service and or Network or use your Handset `for Voice of Internet Protocol or Messaging of Internet Protocol services.

We do not need to suspend your Service before we terminate this Agreement.

Should your access to the Service be interrupted or suspended in any of the circumstances outlined above, we are in no way obligated to provide the Service to you. During any period of Service suspension, we may disconnect your equipment from the Network and you shall remain liable for all charges owing to us unless we decide otherwise. We reserve the right to reconnect you to the Network and to levy a reconnection fee on each suspended subscription and/or require revised payment terms, including additional security deposits. Where we exercise any of our powers under this clause, such exercise shall not prejudice or affect the exercise of any other right or remedy which may be available to us.

We may, voluntarily and at our sole discretion, terminate this Agreement by giving you at least one (1) month’s notice.

If you want to terminate this Agreement, please contact our Customer Care Centre to arrange this. This Agreement will terminate (unless terminated earlier) on a date one (1) month after we receive your notice of termination, provided that this date is a date no earlier than twelve (12) months from the date of signature on your application form. You agree to pay all amounts owing to us and any disconnection fee and other fees that may apply.

17. Rights and Responsibilities that Continue

The termination of this Agreement does not affect any rights and responsibilities which are intended to continue or to come into existence after this Agreement ends, such as restricting the use of the Handset on another network and the return of the Digicel SIM Card and any other of our property and the payment of any outstanding debt or sums due to us.

18. Force Majeure

If we are prevented from carrying out any obligation in this Agreement by reason of any act of God, act of State, act of a national or international regulatory body, riot, insurrection, civil commotion, strike, sanctions, boycott, carrier dispute, embargo, an act or default of any supplier, agent or other person, or any other circumstance (a “force majeure event”) which in our sole opinion is beyond our reasonable control, our performance of this Agreement will, to the extent that it is made impossible under the circumstances, be suspended until such circumstances cease to exist. We will not be liable to you for a failure to perform, or a delay in performing, any such obligation set out in this Agreement.

19. Exclusion of Liability

Insofar as it permissible by law, we shall not be liable for any injury, loss or damage, whether foreseen or unforeseen, directly or indirectly (and including Consequential Loss) resulting from: 
(i) any failure, interruption, delay, suspension or restriction in providing the Service to you which is due to a force majeure event set out in clause 18 above;

(ii) any suspension or non-availability of a part or the whole of the Service;

(iii) suspension or termination of this Agreement;

(iv) any unlawful or unauthorised use of or access to the Equipment, Service and/or Network by you or third parties;

(v) any claim arising out of any act or omission by you, your servants or agents or arising out of any reliance placed by such persons on call content; any loss, theft or malfunction of the Digicel SIM Card and/or your Handset; any claim arising in relation to the provision or non-provision, maintenance or use of telecommunications lines, channels, equipment, networks or services or arising out of calls being dropped or data connections being lost or the failure to connect any call made to or by the Equipment for whatever reason.

For the purposes above, Consequential Loss means and includes: indirect loss and special damages; loss of revenue; loss of profits; loss of business; loss of anticipated savings; loss of goodwill; loss of data; claims of third parties; and loss or costs associated with any of the above.

Further to above, we, our associated or affiliated companies, and our and their respective officers, agents, directors, principals, employees, attorneys, underwriters, advisors, successors and assigns will not be liable for or in respect of any effects, claims, actions, proceedings, suits and causes of action (whether at law or in equity and including emotional distress), liens, debts, damages, fatalities, losses or injury (whether property or personal, consequential or otherwise), judgments, liabilities, costs and expenses of every nature kind whatsoever, whether known or unknown, suspected or unsuspected arising out of or in respect to the Equipment, Service, Network and/or any electronic or radio systems in equipment, vehicles or aircraft in your vicinity, or of any emissions or transmissions to, from, by or through the Network and/or Equipment.

If we offer goods and/or services as agents of any principal provider or providers, or as contractors, we will accept neither responsibility nor liability to you for the performance, loss of profit, emotional or mental distress or disappointment, or provision thereof by such providers so long as we have identified the providers to you and identified ourselves as agents or contractors.

Nothing in this clause 19, or otherwise in this Agreement, shall limit our liability for (a) fraud or other criminal act, (b) personal injury or death caused by our negligence, or (c) any other liability that cannot be limited or excluded by law. In the event that we are liable to you under any rights you may have under any legislation, for which our liability is not able to be excluded, then where our liability is able to be limited, then we choose to limit our liability to resupplying, repairing or replacing the relevant goods or services (or payment of the cost of resupply, repair or replacement) where it is fair and reasonable to do so.

20. Hold Harmless

You will indemnify and hold us harmless against all loss, damage and injury caused to the Service and Network as a result of your negligence or failure to abide by this Agreement and all claims arising out of your act or omission in conjunction with the Service provided by us.

21. Unenforceability

If a provision of this Agreement is determined by any competent authority to be invalid or unenforceable in whole or in part for any reason whatsoever, it shall not affect the validity and enforceability of the remainder of this Agreement and shall whenever allowed by the context be deemed to be replaced by such valid and enforceable clause whose contents are as close as permissible to those of the invalid or unenforceable clause.

22. Waiver

Any waiver, concession or extra time permitted by us is limited to the specific circumstances in which it is given and does not affect our rights under this Agreement in any other way.

If we fail or delay to exercise any right or power under this Agreement, this will not be a waiver of that right or power. Any failure or delay will not prevent us from exercising that right or power in the future.

Digicel postpaid service offers monthly billing and gives you a choice of 3 great low rate airtime packages, along with these great benefits. 

  • Kingdom Minutes - use your included minutes to call anywhere in Tonga

  • Monthly itemised bill

  • Free Voicemail retrieval

  • Call Waiting and Caller ID

  • Rates as low as $0.20 per minute

  • Save more with the Free After 4 for international calls promotion

  • Control costs through tailored credit limits

  • Talanoa - free unlimited calls between users under one account

  • 24/7 Customer Care

  • Bundles for SMS (Text Messaging) Kingdom -wide

  • Roaming

  • Rollover of unused minutes

  • Conference Calling

If the Package Fits, Get It

To determine which Select package best fits your needs, simply look at your calling pattern as follows:

  • The types of calls you make in a month

  • The number of calls you make in a month

  • The time spent on your calls for the month

How to sign up

  • Visit a Digicel dealer store with valid picture ID (Passport or Driver's License).

  • Choose your Digicel Select plan.

  • The Digicel team member in store will activate your Digicel Select account and show you how to make the best of your phone before you leave the store.

 

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Postpaid Terms and Conditions