Please read these Terms carefully. These are the general Terms governing your access and use of Vodafone’s websites and WAP sites (collectively “Sites”). If you do not agree with them, you should not proceed any further on the Sites or with registration. By continuing to use the Sites and/or any of the services shown on the Sites, you agree to be bound by these Terms in addition to any other terms and conditions that may apply to particular services.
Use of content
- The services that we are providing to you via the Sites consist of the Content and the Functionalities available on the Sites or otherwise provided to you as a result of your use of the Sites (“the Services”).
- You acknowledge and agree that you are only permitted to use the Sites and the Services as expressly set out in these Terms or on the Sites.
- You agree that the Sites and the Services are for your own personal use only on a single computer or device.
- You may not:
- copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer or otherwise make available any of the Services or any information learned by you while using the Services or accessing the Sites except and to the extent that this may be expressly permitted by Vodafone.
- remove, change or obscure in any way anything on the Sites and/or the Services or otherwise use any material obtained while using the Sites and/or the Services except as set out in these Terms.
- reverse engineer or decompile (whether in whole or in part) any software used in the Sites and/or the Services (except to the extent expressly permitted by applicable law).
- copy or use any material from the Sites and/or the Services for any commercial purpose, except and to the extent that this may be expressly permitted by Vodafone.
- remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Sites or obtained as a result of the Services.
- Any use of caching, http accelerators such as Harvest, Squid, Netscape proxy or Microsoft Catapult, or similar technology is permitted, however, you have the responsibility of ensuring you are viewing the most recent version of the webpage or content.
- You may establish a link or “deep link” to the Sites from your site, provided that you have obtained Vodafone’s prior written consent and that in Vodafone’s sole discretion.
- You warrant that you will only use the Sites and the Services in accordance with these Terms and in an appropriate and lawful manner and by way of example and not as a limitation, that you shall not (and shall not authorize or permit any other party to):
- receive, access or transmit any Content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence or privacy, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;
- circumvent user authentication or security of any host, network or account (referred to as “cracking” or “hacking”) nor interfere with service to any user, host or network (referred to as “denial of service attacks”) nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Vodafone’s legitimate webpages (referred to as “page-jacking”) or use the Sites or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability and Vodafone will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;
- use the Sites and/or the Services to advertise or offer to sell any goods or services for any commercial purpose without Vodafone’s written consent;
- knowingly or recklessly transmit any electronic Content (including viruses) through the Sites and/or the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by Vodafone or other internet users;
- hack into, make excessive traffic demands, deliver or forward chain letters, “junk mail” or “spam” of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Sites and/or the Services or any other website, or which is otherwise likely to damage or destroy Vodafone’s reputation or the reputation of any third party.
- You acknowledge that chat, discussion group or bulletin board services and similar services offered by Vodafone (“Public Communication Services”) are public communications and your communications may be available to others and consequently you should be cautious when disclosing personal or sensitive information or any information which may identify you. Vodafone is not responsible for, and does not control or endorse any Content of any Public Communication Services.
- If any information provided by you is untrue, inaccurate, not current or incomplete, Vodafone has the right to terminate your account and refuse any and all current or future use of the Services or access to the Sites.
- Following registration you may be issued with Access Information that may be used to access the Sites and/or the Services and any pages for which registration is required. Vodafone reserves the right to change your Access Information at any time at its sole discretion and shall notify you of this change as soon as reasonably practicable.
- Your account is to be used by a single user only and you will not allow simultaneous access using the same Access Information. You acknowledge that you are responsible for ensuring that no unauthorized access to the Sites and the Services is obtained using your Access Information and that you are liable for all such activities conducted through your account whether authorized or not. When choosing Access Information, you must not use words that are obscene, abusive or likely to cause offense.
- You as the registered user of the account will:
- keep your Access Information secure and not let it become public knowledge and ensure that your Access Information will not be stored anywhere on a computer or your mobile phone in plain text;
- provide true, accurate, current and complete information in all fields indicated as compulsory when registering on the Sites and/or the Services and notify us immediately of any changes or mistakes;
- if your Access Information becomes known to any other unauthorized user you must inform Vodafone immediately.
- Once you have “signed-in” to any secure areas of the website, where you are requested to provide your Access Information, you must not at any time leave the Internet terminal or device from which you have accessed the Sites and the Services or let anyone else use the Internet terminal or device until you have logged out of the secure area of the Sites and the Services. You will be responsible for ensuring that you have logged out of the secure area at the end of any session.
- You must not access the Sites and the Services from any computer connected to a local area network (LAN) or any public Internet access device or access point without first making sure that no-one else will be able to observe or copy your access or get access to the Sites and the Services pretending to be you.
- You agree to check your bills carefully and inform us immediately of any discrepancy.
- All trademarks used on the Sites and/or the Services are the trademarks of Vodafone or one of the Vodafone Group companies. You shall only make fair use of the trademarks and will not use the trademarks, whether design or word marks: (1) as or as part of your own trademarks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (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 Vodafone or the trademarks.
- You acknowledge and agree that the Services and the Sites or any part thereof, whether presented to you by Vodafone, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.
- You are only allowed to use the Sites and the Services as set out in these Terms and nothing on the Sites and/or the Services shall be construed as conferring any license or other transfer of rights to you of any intellectual property or other proprietary rights of Vodafone, any member of the Vodafone Group or any third party, whether by estoppel, implication or otherwise.
- You hereby grant to Vodafone a perpetual, irrevocable, royalty-free, world-wide license to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us by email, post or otherwise on the Sites and/or the Services as Vodafone sees fit and without notice to you, unless you have indicated otherwise in such communication.
- Use of the Sites is currently free. However, Vodafone reserves the right to charge for access to part or all of the Sites in the future, subject to giving you clear notice when entering any part to which charges apply. Some Services may be chargeable as indicated on the Sites and in any accompanying terms and conditions.
- You will need to provide all equipment necessary to access the Sites and the Services on the Internet and be liable for payment for the local telephone call charges at the rates published by the telephone operator with whom you make your local calls or any other Internet access charges to which you may be subject. If your equipment does not support relevant technology including but not limited to encryption you may not be able to use certain Services or access certain information on the Sites.
Liability for content
- It is your sole responsibility to satisfy yourself prior to using the Sites and the Services in any way that they are suitable for your purposes and up to date. The Services and in particular, prices are periodically updated and you should check the Sites and the Services regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the Sites and the Services to ensure that you download the most up to date version of the Sites and the Services.
- The Sites and the Services are provided on an “as is” basis. Although every effort has been made to provide accurate information on these pages, neither Vodafone, nor any of its employees, nor any member of the Vodafone Group, their suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Services or any part thereof contained on the Sites or in the Services.
Liability for third party content
- The Site contains links to websites, webpages, products and services also operated by Vodafone or the Vodafone Group and you agree that your use of each website, webpage and service is also subject to the terms and conditions, if any, contained within each website or webpage or attached to any products or services. These Terms shall be deemed to be incorporated into each set of terms and conditions. In the event that there is any conflict, the terms and conditions contained within the relevant website or webpage or attached to the relevant products or services shall prevail over these Terms.
- Vodafone assumes no responsibility for and does not endorse unless expressly stated, Content created or published by third parties that is included in the Sites and the Services or which may be linked to and from the Sites.
- The Sites and/or the Services may be used by you to link into other websites, resources and/or networks worldwide. Vodafone accepts no responsibility for the Content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such websites, resources and/or networks.
- Subject to Clause 12, you agree that Vodafone does not generally and is not required to monitor or edit the use to which you or others use the Sites and the Services or the nature of the Content and Vodafone is excluded from all liability of any kind arising from the use of the Services, and in particular but without limitation to the foregoing, the nature of any Content. Notwithstanding the foregoing, Vodafone reserves the right to edit, bar or remove any Services and/or Content, at any time as Vodafone in its sole discretion believes to be necessary in order to prevent any breach of these Terms or any breach of applicable laws or regulations.
Exclusion of liability
- Nothing in these Terms and Conditions shall act to limit or exclude Vodafone’s liability for death or personal injury resulting from Vodafone’s negligence, fraud or any other liability, which may not by applicable law be limited or excluded.
- Vodafone shall use its reasonable efforts to ensure the maintenance and availability of the Sites and the Services but availability may be affected by your equipment, other communications networks, too many people trying to use the Internet at the same time or other causes of interference and may fail or require maintenance without notice.
- Neither Vodafone nor any member of the Vodafone Group shall be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the performance of or use of Services available on the Sites and in particular, but without limitation to the foregoing, Vodafone specifically excludes all liability whatsoever in respect of any loss arising as a result of:
- use which you make of the Sites and the Services or reliance on Services or any loss of any Services or your Content resulting from delays, non-deliveries, missed deliveries, or service interruptions; and
- defects that may exist or for any costs, loss of profits, loss of your Content or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Sites and the Services at any time.
- All conditions or warranties which may be implied or incorporated into these Terms by law or otherwise are hereby expressly excluded to the extent permitted by law.
- Your only remedy under these Terms is to discontinue using the Sites and the Services.
- Vodafone makes every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorized persons access to your PC or other connecting device and the information stored on it. These programs may perform actions that you have not authorized, possibly without your knowledge.
- Vodafone reserves the right to modify the Sites and/or the Services or suspend or terminate the Sites and/or the Services or access to part or all of them at any time.
- Vodafone reserves the right to revise these Terms at any time. Such variations shall become effective two weeks after being posted on the website. By continuing to use this website you will be deemed to have accepted the varied Terms.
Indemnity by you
- You hereby agree to fully indemnify and to hold Vodafone harmless from and against any claim brought by a third party resulting from the use of the Sites and the Services or the provision of Content to Vodafone by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by Vodafone in consequence of such use of the Sites and the Services or provision of Content or your breach or non-observance of any of these Terms.
- You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against Vodafone arising from the above claims and shall provide Vodafone with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
Monitoring/recording of communications
Monitoring or recording of your calls, emails, text messages or other communications may take place in accordance with the law, and in particular for Vodafone’s business purposes, such as for quality control and training, to prevent unauthorized use of Vodafone’s communication systems and to ensure effective systems operation and in order to prevent or detect crime.
Processing your instructions
- You request and authorize us to rely and act upon all apparently valid communications as instructions properly authorized by you, even if they may conflict with any other instructions given at any time concerning service requirements.
- An instruction will only be accepted by us if you have passed through certain security criteria.
- You agree that we can act on any instructions given to us even if these instructions were not authorized by you.
- We will make reasonable efforts to process any instruction where you request us to do so but we shall not be liable for any failure to comply with such a request unless it is due to Vodafone’s failure to make reasonable efforts to do so.
- You must make sure that any instruction is accurate and complete and we are not liable if this is not the case.
- A transaction being carried out is not always simultaneous with an instruction being given. Some matters may take time to process and certain instructions may only be processed during normal working hours even though the service may be accessible outside such hours.
- You will be responsible for all losses and payments (including the amount of any transaction carried out without your authority) if you have acted with gross negligence so as to facilitate that unauthorized transaction, or you have acted fraudulently. For the purposes of this Clause gross negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms and Conditions.
- Vodafone may elect to suspend, vary or terminate the Services and the Sites immediately and without prior notice at any time for repair or maintenance work or in order to upgrade or update the Sites and the Services or for any other reason whatsoever.
- Vodafone may elect to terminate the Services or your access to the Sites forthwith on breach of any of these Terms by you, including, without limitation, late or non-payment of sums due or if Vodafone ceases to offer the Sites and the Services to its customers for any reason whatsoever.
- Governing Law and Jurisdiction: These Terms are governed by and construed in accordance with the laws of the State of California.
- Severability: These Terms are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms.
- Waiver: Vodafone’s failure to exercise any particular right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Vodafone in writing.
- Representations: You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.
- Assignment: You in entering into these Terms undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by Vodafone forthwith. Vodafone may assign these Terms in whole or in part to any third party at its discretion.
- Force Majeure: Vodafone shall not be liable in respect of any breach of these Terms due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom Vodafone is not responsible.
- “Access Information”
- means the access information that we require from you before entering certain parts of the Sites for which you have registered, which may be a username, password, your mobile phone number or CLI or similar recognition device;
- means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics;
- means the services offered on or via the Sites, which may include (but is not limited to) chat, discussion group or bulletin board services or email, SMS or voice messaging services, online transactions, search engines and e-commerce facilitators;
- has the meaning given to it in Clause 2.1;
- means the contract between Vodafone and you incorporating these terms;
- “Trade Marks”
- means the word or mark “Vodafone”, however represented, including stylized representations, all associated logos and symbols, and combinations of the foregoing with another word or mark;
- means Vodafone-US Foundation, whose registered office is at 2999 Oak Road, 9th Floor, Walnut Creek, California 94597 and may also be referred to as “we” or “us” in these Terms;
- “Vodafone Group”
- means Vodafone Group Plc and any company or other entity in which Vodafone Group Plc owns (directly or indirectly) more than 15% of the issued share capital;
- means the customer or individual visitor to the Sites that enters into these Terms (and “your” shall be construed accordingly).