The GO App (hereinafter referred to as the ‘App’), the MyGO Portal (hereinafter referred to as the ‘Portal’) and the services available through them are owned and operated by GO p.l.c. These terms and conditions govern Your access to, and use of the App and Portal and the facilities available through it and by making use of the App and/or Portal, You are acknowledging and accepting such terms and conditions. Without prejudice to the terms and conditions governing the App and Portal, individual services and facilities available through the App and Portal may be governed by a separate set of terms and conditions. By making use of these services You are acknowledging and accepting the respective terms and conditions that may apply.

1. Scope and Definitions

1. By means of the App and Portal You can access and manage Your Services and preferences.

2. For the scope of these terms and conditions:

‘Account’ means Your fixed telephone, internet, mobile or television account as identified by Yourself and managed through the App or Portal, and which is registered in Your name and/or which You are legally authorised to manage/own.

‘Agreement’ refers to the contract entered into when You register for Service and agree to the Service terms and conditions, which contains all the details necessary for the provision of the Service.

‘Application’ or ‘App’ shall mean the mobile software application available free of charge, giving access to the Service/s which You have chosen to subscribe to on a mobile device. ‘User’ means any person using or requesting Services;

‘Service’ means the GO service being provided to or requested by You in accordance with Our terms and conditions.

‘Subscriber’ means the natural or legal person and includes a company, partnership, joint venture, association, corporation, government agency, regulatory body, or any other public or private body whether corporate or incorporate who or which is party to a contract with Us for the supply of Services;

‘Us’, ‘We’, ‘Our’, except where otherwise defined, means GO p.l.c., its group companies, any successor in business or assignee and where applicable, includes any director, official, employee or agent of GO p.l.c.

‘You’, ‘Your’ and ‘Yourself’ means any natural or legal person and includes a company, partnership, joint venture, association, corporation, government agency, regulatory body, or any other public or private body whether corporate or incorporate indicated as the Subscriber or User in the application form and/or Agreement.

2. Registering Your Account

1. If You already have a MyGO account to access the Portal, You may make use of Your current username and password to also log in to the App.

2. Otherwise, if You do not have a MyGO account and You would like to make use of the services offered by the App or Portal, You are required to register and create an account with Us.Registration requires You to enter relevant personal information which allows Us to identify You and link information about Your Services to Your MyGO account. We reserve the right to block MyGO account indefinitely and without notice if Your registration details are invalid or incorrect. You understand and accept that any form of impersonification, or assumption of an identity that is not Your own, is a criminal offence and is punishable at Law.

3. You will need a valid email address to register.

4. Once You register with Us, You may add or link up any Services which are registered and/or subscribed to in Your name. This will allow You to manage all Your Services through the App or Portal.

5. Once You link any of Your billing accounts or Services to one MyGO Account, they cannot be linked to another MyGO Account.

6. Whilst We make every effort to ensure Your confidentiality including Your personal information, calling and messaging activity, payment logs etc., We will not take any responsibility towards fraudulent use by Yourself or any third party accessing Your account, misuse or negligence on Your part, access to Your account by third parties (regardless of whether or not this is authorised by You), or any data or information loss or corruption.

7. We reserve the right to interrupt, limit or deny Your access to Your MyGO account for whatever reason, at any time and without prior notice if We become aware that it is being misused or if it has remained inactive for a period beyond what is reasonable and feasible for Us to maintain.

8. We reserve the right but are under no obligation to report misuse of the App or Portal to the relevant authorities.

3. Security, Username, and Password

1. Your username and password are critical to the security of Your Account. It is Your responsibility to keep them safe and from falling into the hands of any third party.

2. Your username and password to access Your MyGO account are non-transferrable. You may understand that transactions can unlawfully be carried out in Your name if Your credentials are disclosed to third parties and that You will be held responsible for any such transactions.

3. Never disclose Your password to anyone. If You suspect that Your username and password have been compromised, please change Your password and inform Us immediately for assistance. In this case, You understand that, for security purposes, We may need to delete Your MyGO account and ask You to set up another one. You will need to pass the relevant security checks in order for Us to verify Your identity and process Your request. We take no responsibility for any activity taking place through Your Account until Your account has been deleted.

4. Entering an incorrect password when logging in to Your Account on the App or Portal will constitute a failed login attempt. After 3 consecutive failed login attempts, a Captcha entry will be requested from You to confirm that You are not a robot. After 6 consecutive failed login attempts, the account will be locked-out for 2 hours. You will be notified on the email address provided by You that there were multiple failed logins registered and that Your Account is on temporary lockout. The email will also provide instructions for You to notify Us if You consider that the activity leading to the lockout was not done by You and if You suspect the misuse of Your Account. This process is there to safeguard Your interests.

5. Data provided to You through this App and the Portal is confidential. You must ensure that unauthorised persons do not have access to Your data. We strongly recommend that You log out of the App and the MyGO Portal before You leave Your device unattended. Always log off correctly by using the Logout link.

6. Without prejudice to any other terms and conditions, We will not be liable for any actions taken by third parties on Your behalf regardless of whether or not You have informed Us that Your password has been compromised.

7. We reserve the right to levy a charge for the issue and/or replacement of a new username and/or password, and/or for temporarily blocking access to Your Account.

4. Charges

1. Registration to and use of the App and the Portal is free of charge.

5. Access and Use

1. This facility is only available to any person who wishes to register for it. However, You understand that You may be unable to download the App from the store for applications You use due to Your location.

2. Notwithstanding the above, the data that We make available in relation to Services relates to and is intended solely for Subscribers and Users of such Services.

3. We make every effort to ensure customer confidentiality and secure on-line payments and, to this effect, use the services of a payment portal for both the App and the Portal. We use Apco Services in order to process all Your payments to Us. We do not have access to, use or store any of Your payment information as this goes directly through the Apco portal.

4. Whilst We have undertaken reasonable precaution to ensure that Our systems are as secure as possible, We cannot guarantee the privacy or confidentiality of any information passing over the App or Portal. We shall not accept any responsibility whatsoever for the unauthorized access by a third party and/or the corruption of data being sent by You to Us. In view of this, You accept that electronic and other transmissions passing over the App or Portal may not be free from interference by outside parties and may, therefore, not remain confidential.

5. Subscribers acknowledge that any person (whether authorised or unauthorised by You) who is given access by You to Your MyGO username and password shall be entitled to use the Service (as if it were You who is using the Service), even though We have not been notified of this. Furthermore, You understand that You, as subscriber, remain responsible for all transactions carried out by the third party or User accessing the App or Portal by means of Your Account.

6. Use of Service

1. You may affect a payment on Your MyGO account through a valid credit or debit card accepted by the payment portal We use.

2. Where applicable, payment is directly and instantly transferred by Your bank to Our bank account once the payment is confirmed. We record any payment You make as part of Your activity. Processing of payments may take up to five working days before they are visible online and this is beyond Our control.

7. Instructions to Us

1. Where available, all payments, instructions, orders, applications agreements, other declarations of intent and messages submitted by You through Your MyGO account and GO App are deemed as binding on Your part.

2. You authorise Us to act on any instruction that We receive through your Account, which has been, or reasonably appears to have been, sent by You.

3. You declare and confirm that any information given by You to Us is true and correct and You are responsible for the authenticity of the information given. We are not obliged to take any further steps to correct, supplement, confirm or authenticate the instruction nor to reverse or adjust any transaction or other action carried out as a result of an instruction sent, including anyone else other than Yourself using Your username and password. You will be liable for any transactions that We carry out as a result of an instruction We receive from Your Account. We are not to be held liable if the execution of the instruction, due to information submitted incorrectly by You, is delayed, carried out incorrectly or not carried out at all. In addition, We shall have the right to interrupt the processing of an instruction in order to obtain any necessary additional information.

4. We may refuse to carry out an instruction or immediately terminate the execution of an instruction or reverse any instruction made through Your Account, in whole or in part, if We reasonably believe that the instruction is invalid or has not come from You or if We believe that You have not acted in accordance with these terms and conditions and the applicable procedures or for any other justifiable reasons. In such case, We shall have no liability towards You should You suffer any loss as a result of Our refusal in these circumstances and, in addition, You shall be liable for the damages caused to Us, if any.

5. Unless otherwise agreed, You have the right to cancel or amend an instruction at any time prior to its execution by Us. However, You may be liable to pay a cancellation/amendment charge and to compensate Us for the incurred expenses, if any. You may not cancel or change an instruction given to Us after We have started to process that instruction.

6. If You cease to have an Account with Us, for any reason, any and all pending instructions made by You using the MyGO username and password shall be automatically terminated and shall not be executed by Us.

7. We will not process or effect any instructions if such instructions require a payment transaction by You and this is unsuccessful or does not reach Us.

8. No Warranties

1. Any content/material available on the App and Portal is provided “as is” and “as available” and may include technical inaccuracies or typographic error.

2. Although We try Our best to put in place the necessary security features, We do not guarantee that communications or transactions conducted through the App or Portal will be absolutely secure or free from harmful components.

3. There may be times when access to the App or Portal is unavailable.

9. Intellectual Property

1. All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the App and Portal belong to GO p.l.c. and/or third parties. GO p.l.c. reserves all of its rights in the App and Portal. Nothing in these terms and conditions grant You a right or licence to use any trademark, design right or copyright owned or controlled by GO p.l.c. or any other third party except as may be expressly provided in these terms and conditions.

10. No Liability

1. We shall not be held liable or responsible for the accuracy, validity or completeness of the information provided or transmitted through the App or Portal; nor for any loss or damage You may suffer as a result of accessing and using the App or Portal.

2. We shall not be held responsible for any information You may lose as a result of using the App or Portal, including but not limited to sessions being terminated due to prolonged levels of inactivity, and session time out.

3. We shall not be liable for any direct, indirect, or consequential loss or damage (including loss of profits, goodwill, information, data or intangible losses) resulting from:

1. the use or inability to use the App and/or Portal;
2. unauthorised access, transactions or alterations of Your transmission to or from this App and/or Portal;
3. activities resulting from the loss or misuse of Your user name, password or other access mechanism;
4. statements or conduct of any third party; or
5. any other matter relating to this App and/or Portal including but not limited to service downtime.

11. Indemnity

1. You shall hold Us harmless from any loss or damage suffered by any person as a result of Your breach of any of these terms and conditions.

12. Our Rights and Obligations

1. We reserve the right to vary these terms and conditions at any time. We will send You a notification as soon as We change Our terms and conditions.

2. We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the App and/or Portal.

3. The content reproduced herein is correct as at time of publishing and We reserve the right to update this information without prior notice.

13. Your Rights and Obligations

1. As condition of use, You promise not to use the App and/or Portal for any purpose that is unlawful or prohibited by the terms and conditions, or any other purpose not reasonably intended by GO.

2. You understand and accept that these terms and conditions must be read in conjunction with Our General Terms and Conditions and with Your Agreement, and any other document or policy referred to therein.

3. You will need to verify that the App is compatible with Your device before downloading.

4. You understand and agree that, unless explicitly stated otherwise, any new feature that augments or enhances the App or Portal is subject to these terms and conditions.

5. If You would like to claim VAT when topping-up Your number You may do so by entering Your VAT number while topping-up.

14. Jurisdiction, Applicable Law, Language

1. These Terms and Conditions shall be governed by and shall be construed in accordance with the laws of the Republic of Malta. The parties irrevocably submit to the jurisdiction of the courts of Malta or any other competent tribunal at law in case of any dispute.

2. For further information on how We handle Your personal data processed via the App and/or Portal, please visit Our privacy policy.