1. Introduction
These are the general terms and conditions (Terms & Conditions) governing your access and use of the content and services offered to you on this internet site (Site) whether accessed by you on the Web or WAP ('the Service' and collectively 'the Services'). This Site and the Services are operated by and on behalf of Vodafone Malta Limited (hereinafter after referred to as 'Vodafone', 'we', 'us' or 'our'. Any reference to 'you' and 'yours' refers to you, the user of the Service.
By using the Service you warrant to Vodafone that you have the legal capacity to enter into these Terms and Conditions with us. In particular, where the description or nature of a particular Service so requires, you warrant that you are of or over 18 years of age.
Scope
READ THESE Terms & Conditions CAREFULLY: The Service is based in Malta, is aimed at Maltese residents and is intended mainly for access and use by Maltese residents. Please see our website for details of our services in other European countries. The use of some of the Services may be restricted to certain customers or customer groups (e.g. customers subscribed to the Vodafone network). You shall be informed about any such restrictions before or during subscription for a particular Service.
Your access and use of the Service and any information and services provided by us as past of or via the Service is subject to these Terms & Conditions (which include any directions, guidelines given by us on the Service from time to time) without modification by you. We may change the format and content of the Service, including these Terms & Conditions at our sole and absolute discretion and without prior notice from time to time. By accessing the Service (with or without registering for the Service) you accept that you are bound by the current Terms & Conditions of the Service at the time of your access. You should therefore check these Terms & Conditions each time you use any of these Services.
Where a third party service or content provider ('Provider') is identified as providing a particular service or application forming part of the Service then you may also be contracting directly with such Provider and your access to and use of the service or application may be subject to additional terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms & Conditions to the extent that they are applicable.
2. Your agreement to our Terms & Conditions
Your contract with us shall begin upon the earlier of you :
- i. completing our registration process (if applicable) and clicking AGREE to confirm that you have read and accepted these Terms & Conditions; or
- ii. viewing, accessing, or using any Service offered by us which does not require registration.
3. Distance Selling
- a. Identity. Unless otherwise notified to you at the time of your purchase, the supplier of any item purchased pursuant to these Terms & Conditions is: Vodafone Malta Limited.
- b. Description of Goods. The goods sold pursuant to these Terms & Conditions comprise items either selected from those available on our Site or created by us to your order.
- c. Price. The price of items purchased via the Site shall be the price advertised on the Site at the time of purchase including VAT and any other relevant tax thereon at prevailing rates from time to time, plus delivery costs.
- d. Delivery Costs. All items will incur a 'WAP over GPRS' delivery charge at the rate described in your tariff, plus roaming charges where applicable (see the Price and Payments section below).
- e. Payment. Payment for any item purchased pursuant to these Terms & Conditions must be made via either via deduction from credit in the case of a prepaid customer or by adding the amount to the next bill in the case of contract customers.
- f. Cancellation. Due to the nature of the product, the fampact that the item can be previewed or heard prior to purchase and that once sent it cannot be returned there is no right of cancellation.
- g. Cost of Communicating with us. These are no premium rate charges which you will incur by reason of connecting with us (other than in the case of premium rate SMS or fixed live IVR services are used as a billing mechanism). The cost of any such communication will accordingly be limited to the charges you would normally incur for use of the internet in accordance with personal arrangements made with your internet service provider and your telephone carrier.
- h. Price Validity. The price of any Content or Service is fixed at the date of purchase. Future purchases shall be subject to prices prevailing at that time.
- i. Duration of Agreement. The right and license to use an item sold pursuant to these Terms & Conditions is perpetual, non-exclusive and irrevocable but limited to use on the mobile phone to which the Service is initially transmitted and the limitations set out in these Terms & Conditions.
4. Usernames and Passwords
You agree to provide true, accurate, current and complete information in all fields indicated as compulsory when registering for the Service (where applicable). Following registration, you will be issued with a password to access the Service and any pages for which registration is required. You are responsible for all actions that take place as a result of access to the Service via your password. It is your responsibility to ensure the security of your password and the device that you use to access the Service. A breach of these Terms & Conditions by anyone to whom you disclose your password will be a breach by you. In the event of any failure or error in operation of a password you shall cease using the password and exit the Service immediately and notify us of such failure or error. We reserve the right to change your password and account name at any time at our sole and absolute discretion. You agree to notify us immediately of any changes to our mistakes in your registration details by amending them using the my profile option. For certain Services you may be required to choose a username and password. If you register for an email account, for example, a username is used to generate your email account. For any of the Services:
- The username you choose must not be obscure, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property rights of any third party; and
- If we consider the username selected by you is inappropriate, we reserve the right to reject and prevent you use of such username on our Site with or without notice to you;
Your use of the Services
All copyright, trade marks, patents and other intellectual property rights in any material or content (including software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Services' content is either owned by us or has been licensed to us by the rightful owner(s) for use as part of the Services. You are only allowed to use the Services as set out in these Terms and Conditions. If you wish to do anything else with any of the Content, you must first obtain the written permission of the owner of the rights to that material. All rights are expressly reserved. We grant you a non-exclusive, non-transferable right to view and use the Service and the content via your personal computer (PC), mobile phone or other Service access device for private, non-commercial purposes only and subject to your strict compliance with these Terms & Conditions. You may copy content in an unchanged form for private use on your own PC, mobile phone or other access device if and to the extent that such copying is required for the proper use of the Service content and such copying is permitted by the copyright owner. You shall not be entitled in respect of any content (wholly or partly):
- To pass it on to third parties or to allow third parties to access it unless we provide the same with our proprietary 'pass-it-on' function. In this case, you shall be entitled to forward the content to third parties in an unchanged form for private, non-commercial use and only by using the 'pass-it-on' function; or
- To change, edit, modify, reformat or adapt it in any other way.
You should notify us immediately if you become aware of any unauthorised use or copying of any content or any part of the Services or any unauthorised access to or other unauthorised activity on the Services. You hereby grant us a perpetual, irrevocable, royalty-free, world-wide license to reproduce, transfer, modify, adopt, and/or publish any content provided by you to us by email or otherwise on the Service as we see fit and without notice to you, unless you have indicated otherwise in such communication.
6. Your Vodafone Mail - Unified Messaging Service
As part of the Services, you may be provided with your own email account together with the ability to access your mobile phone mail box and faxes for your own personal, non-commercial use. You are entirely responsible for all activities that occur via your email account and/or SMS messages and you agree to notify us immediately of any unauthorised use of your account or any breach of security related to your email account.
7. Prohibited use of the Service and/or the content.
You, and any persons you allow to use the Service or the content through your access to the Service, are not allowed to:
- Copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer, link to, reverse engineer or decompile (except to the extent expressly permitted by applicable law) or otherwise make available the content and/or the Service except as set out in these Terms & Conditions;
- Include or create links (including deep-links) to or from the content and/or the service;
- Replicate the Vodafone homepage or create a separate border around any part of the Service or content (also known as 'framing')
- Use the Service or the content for any commercial purpose;
- Use the Service or anything available from the Service for illegal purposes or in breach of any laws, statutes and regulations or codes of practice;
- Use the Service to post, upload or otherwise transmit messages, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, indecent, tasteless, defamatory, in breach of confidence or otherwise unlawful;
- Harass, stalk, threaten, impersonate or otherwise violate the rights of others;
- Hack into, make excessive traffic demands, probe or port scan other PCs, deliver viruses, mail bombs, chain letters or pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Service or any other website;
- Collect and process other's personal data except in accordance with applicable data protection law;
- Advertise or offer to sell goods or services;
- Infringe any other person's intellectual property rights including copyright;
- Use the Service or transmit or collect information about users of the Service or to post or otherwise distribute unauthorised or unsolicited advertising, junk or bulk email (also known as 'spam');
- Use the Service or the Content in any way that we in our sole and absolute discretion consider objectionable, inappropriate, likely to injure our brand and reputation or otherwise unacceptable.
You are responsible for any misuse of the Service or the content event if it is by another person using your access to the Service. We do not generally monitor the Service however, we reserve the right to remove, edit or refuse to post any material that you or other third parties place or attempt to place on the Service, to block or suspend your access to the Service and to take such other action as we in our sole and absolute discretion consider necessary to prevent or remedy any breach of these Terms & Conditions. If you wish to notify us of any content of third party material or activity on the Service that you reasonable believe is in breach of these Terms & Conditions then you can do so. We are not responsible for any failure to remove, or any delay in removing, any content or third party material from the Service or for any good faith but wrong removal of third party material we will also (in accordance with our Privacy Policy) co-operate with law enforcement and other relevant authorities with respect to any investigation or violation of network security and reserve the right to disclose any information (including personal data) derived from you as required by law or in good faith believe that failure to comply with a legitimate request from a law enforcement agency would be likely to prejudice the prevention or detection of crime or the apprehension or detection of offenders.
8. Your Information
Our usage of your personal information is governed by our Privacy Policy, which forms part of these Terms & Conditions. PLEASE READ THE PRIVACY POLICY CAREFULLY - it deals with your rights and obligations in relation to your personal data, including what we can do with it and to whom we may give it in certain situations.
9. Payment and Charges
Where any of our Services require payment by you:
- You must make such payment as and when required by these Terms & Conditions, if you do not do so, we reserve the right to terminate your access to the Service immediately following any missed, rejected or refused payment. If payment is not paid on time, your payment is rejected or refused (including if you do not have sufficient credit in your Vodafone Prepaid account) or you default in payment, the amount owing will be treated as overdue and we will be entitled immediately to cease or suspend the provision of the Services to you until payment is received or until your credit has been topped up.
- All amounts payable by you shall be paid in full in Euro without any deductions or set-offs;
- Any such payment is to be made by you to us (whether under a contract or deduction from your prepaid credit) you may only use the Service if you are the person responsible for paying the bill or for ensuring that you have enough credit on your Vodafone Prepaid account.
- The applicable charges for any Services will be set out on the relevant pages of the Vodafone Site. All prices are inclusive of VAT however your Vodafone bill may display charges for individual Alerts exclusive of VAT. We reserve the right to vary these prices from time to time. Any such variation shall be notified to you in advance on our website at the relevant pages of the Vodafone Site.
10. Downloaded Content
Where any of our Services enable you to download content to a mobile phone, PC, personal digital assistant or other access devices.
- You may save such content on your access device but you are strictly prohibited from saving such content elsewhere, editing or modifying the content, copying, distributing or forwarding the content to one or more third parties or allowing third parties to access it.
- You should adjust the personal settings on your access device to ensure that you receive the content that you have selected. By registering for Services (where applicable) you confirm that your access device can support the downloading of the relevant content. If you are unsure whether this is the use you should check the information on this Site your handbook or contact the manufacturer of your access device. We cannot be held responsible should you attempt to download content onto an incompatible access device and you will charged regardless.
- Without limitation, we shall not be liable in any way for failures, defects or delays in delivery of the content which are caused by one or more of the following reasons:
- 1.you have provided an incorrect phone number or other incorrect information before ordering the content;
- 2.your message mail box is full and cannot receive additional messages;
- 3.your phone is switched off, our of range or for some other reason cannot be reached; or
- 4.any other reason outside our reasonable control.
11. Bulletin Boards and Chat Rooms
The Service provided includes from time to time various bulletin boards and chat rooms (collectively the 'Forum'). To participate in the Forum you must be registered as a Vodafone user. We do not generally pre-screen or monitor material posted by the Forum participants and we are not responsible for, no do we control or endorse any such material. Access to and use of the Forum is subject to these Terms & Conditions and Vodafone chat rules and any other specific directions given by us from time to time.
12. Email, SMS, Content Delivery and Usage
Whilst we will use our reasonable efforts to ensure that SMS messages, Alerts and emails are set correctly to your intended recipients, we are not responsible for the telecommunications networks that are responsible for the delivery of SMS messages, emails and Alerts to you or your chosen recipient, and so we do not warrant nor shall be liable for any failure to send, receive or process emails. Alerts or SMS messages or the quality of the materials received. We reserve the right to impose limitations of our choosing on the amount of storage space, temporary or otherwise, that we in our discretion provide you for the storage of emails or SMS messages, but we have no obligation to store any such materials for you. We recommend that you duplicate any data that you wish to keep in a secure storage facility. We reserve the right to suspend or terminate your email account or use of any SMS service where you remain inactive for any period of time chosen by us in our reasonable discretion (currently 90 days) or where we believe, in our sole and absolute discretion, that your email account is being used to send any spam or any other form of unsolicited bulk communications, or messages which are obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property or proprietary rights or otherwise in breach of any part of these Terms & Conditions. If we intend to terminate or suspend your email account or your use of the SMS Service due to inactivity (or if we decide to charge the maximum permitted period of user inactivity) we shall notify you in advance of taking such action.
13. Disclaimer and Limitation of Liability
The Service is supplied to you on an 'as is' basis and we make no warranties, express or implied, with respect to the Service and/or the content whatsoever (including without limitation regarding their satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from error) unless specifically set out in these Terms & Conditions. We use our reasonable endeavours to ensure that the information within the Service is accurate at the time of its inclusion, but your access to the Service any action you carry out on the basis of data or information you obtain from or via the Service (including any transaction you made with a third party for the supply of goods or services to you) is carried out entirely at you own risk and we accept no liability for any losses that you may suffer as a result. The inclusion of links on the Service to third party sites not controlled by us does not imply any endorsement by us of such sites. The Service is provided to you through a variety of telecommunications systems and we are unable to guarantee error-free use of transmission of, or access to, any part of the Service. Accordingly we shall not be liable for any indirect, special or consequential damages for loss of use, profits, data or the cost of procurement of substitute goods or services, whether such losses or damages arise in contract, negligence, tort or otherwise resulting from:
- Your use of reliance upon or inability to use our Service and/or content;
- The deletion with or without notice or cause of any of your data or information stored on the Service;
- Any loss of your data or material resulting from delays, non-deliveries, missed deliveries, Service interruptions, or a failure, suspension or withdrawal of all or part of the Service at any time; or
- The removal from the Service of any material sent or posted by you on or via the Service and/or the blocking or suspension of your access to the Service or any part of it in accordance with Paragraph 7.
If you are dissatisfied with any part of the Service of with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue using the Service, or where you have paid us for any element of the Service, to seek a pro-rata refund (subject to the Terms & Conditions of the particular element of the Service) for the cost of that element of the Service which has caused dissatisfaction. You will not be entitled to a refund where we have suspended or terminated your access to the Service in accordance with Paragraph 7 and for the second and third sub-paragraphs of Paragraph 17. nothing in these Terms & Conditions shall act to exclude or limit our liability for death or personal injury, fraud or any other liability which may not by applicable law be excluded or limited.
14. The Internet and Third Party Website
Disclaimer - You acknowledge that we are unable to exercise control over the security or subject matter of third party content transmitted or accessible via the Service and we exclude all liability of any kind for the transmission or reception of illegal or unlawful content. The Services may be used by you to link to other websites, resources and/or communications networks. We accept no responsibility for their content or services, or otherwise in respect of these. We endeavour to ensure the security of your communications however your communications pass over third party networks over which we have no control. There is a risk that your communications be unlawfully intercepted or accessed by those other than the intended recipient. The Intent is not a secure environment. Uninvited programs or material may be downloaded without your knowledge, which may give unauthorised persons access to information stored on your PC or mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge. We accept no liability for any loss or damage resulting from your use of the content and for third party websites or content accessed via the Service.
15. Indemnity by You
You irrevocably agree to indemnify us and our Providers fully against and to hold us and our Providers harmless on demand from all losses, costs, proceedings, damages, expenses (including legal costs and expenses) or liabilities howsoever incurred by us or our Providers as a result of any claim by a third party resulting from your use of the Service (of use of the Service by anyone who accesses the Service via your password) in breach of non-observance of these Terms & Conditions. We shall notify you of any claim that we or our Providers receive and you hereby provide us and/or our Providers with full authority to defend or settle such claims and shall provide us and/or our Providers with all reasonable assistance necessary to defend such claims, at your sole expense.
16. Suspension and Termination of Service
We may suspend the operation of the Service for repair or maintenance work or in order to upgrade or update the contents of functionality of the Service from time to time. We may terminate your access to and use of all or any part of the Service without cause or notice if we terminate the Service or it ceases for any reason. If we terminate your access to the Service, we may delete all information, emails and data you have stored on the Service. Therefore we recommend that you save copies of all information that you may wish to keep on another storage device apart from the Service. If we suspend your access to the Service to investigate or prevent a potential breach of these Terms & Conditions (by you) these Terms & Conditions shall remain applicable during the period of suspension and you shall remain liable for any charges payable by you during such period. If we terminate your access to the Service for material breach of these Terms & Conditions (including non-payment of any sums due by you) then you shall remain liable for any such sums and for any other sums which you have contracted to pay prior to such termination, whether or not such changes relate to Services to be provided before or after such termination date and whether or not the charges are owed and/or payable to us of to our Providers, and/or the Vodafone Group.
17. Enquiries or Complaints
If you have any enquiries or complaints (about the Service or someone else's use of the Service) then please contact us via the customer care on 247). Calls to customer care lines may be monitored for training and quality purposes.
18. General
- We may delay enforcing our rights under these Terms & Conditions without listing them.
- You agree that we may sub-contract the performance of any of our obligations or may assign these Terms & Conditions or any of our rights and obligations without giving you notice.
- You undertake not to assign, re-sell or in any other way transfer your rights or obligations under these Terms & Conditions.
- We will not be liable to you for any breach of these Terms & Conditions, which arise because of any circumstances that we cannot reasonably be expected to control.
- You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms & Conditions, in use of this Service.
- These Terms & Conditions (and where applicable, the relevant Provider Terms & Conditions) form the entire understanding between you and us concerning your use of the Service and supersede all previous agreements relating to the Service.
- If any part of these Terms & Conditions is determined to be legally invalid or unenforceable, then the invalid or unenforceable, then the invalid or unenforceable provision will be deceased and/or superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall continue in effect.
- References to Paragraphs ware to paragraphs of these Terms & Conditions. These Terms & Conditions shall be governed and interrupted in accordance with Maltese law and you and we both consent to the exclusive jurisdiction of the Maltese courts.
- References to Paragraphs ware to paragraphs of these Terms & Conditions. These Terms & Conditions shall be governed and interrupted in accordance with Maltese law and you and we both consent to the exclusive jurisdiction of the Maltese courts.
- In view of the provision of the Services offered by us, You agree that:
- There is no cancellation policy applicable to the performance of the Services
- Without prejudice to other relevant Terms & Conditions, there is no after sales service in so far as Services concerned;
- There is no commercial guarantee in relation to the Services
19. Trade Marks
All trade marks whether design or work marks contained in the Service are the trade marks of the respective groups of companies of Vodafone Content Services and Vodafone ('Trade Marks'). You shall only make fair use of the trade marks and will not use them:
- 1.as or as part of your own trade marks;
- 2.in a manner which is likely to cause confusion;
- 3.to identify products to which they do not refer;
- 4.to imply endorsement or otherwise of products or services to which they do not relate; or
- 5.in any manner which does or may cause damage to the reputation of any of the above mentioned companies.