Digicel Prepaid Plan Terms & Conditions
1.1 These words mean the following: "Account" the account where we record your credit and charges and personal details; "Content" all information whether textual, visual, audio or otherwise, appearing on or available through the Service including information suppliedbetween content providers; "Contract" the application form (it any), these terms and conditions and our current Price List; "IP Rights" means copyrights, trademark and other relevant proprietary and intellectual property rights; "Optional Services" all goods, products and value-added and other services provided by us in addition to cellular telephone services as set out in the application form; "Phone" a mobile phone and SIM approved by us for connection to the Network; "Price List" a periodically updated publication which lists our current Tariffs for Services; "Network" the mobile telecommunications system run by us in Antigua and Barbuda ; "Registration" the crediting of call time to your Account through a Voucher "Register", "Registering" and "Registered" have a corresponding meaning; "Roaming" making and receiving calls whilst abroad via a local network operator; "Service" the cellular telephone services and the Optional Services provided by us to you; "SIM" a card or other device (which remains our property) bearing a unique telephone number and which is programmed to allow you to access the Network; "Suspension" the temporarydisconnection placed by us on some and/or ali the Services you normally use (except calls to emergency services). "Suspend" and "Suspended" has a corresponding meaning; "Tariffs" all charges for Service as published in our periodically updated Price List; "User Guide" any guide or documentation supplied with your Phone either by us or the manufacturer of your Phone explaining how the Service works, how to purchase a Voucher and/or how to use your Phone; "Voucher" our call time voucher that you can purchase from us or authorised merchants; "we", "us" and "our" Antigua Wireless Ventures Limited trading as Digicel, having its principal place of business on Friar's hill road in the parish of St. John, registered in Antigua and Barbuda; and "you" and "your" the person to whom this Contract applies including persons we reasonably believe are acting with your authority or knowledge.
1.2 The Price List contains explanations, notes and conditions that form part of this Contract a copy of which is available when you purchase your Phone or may be obtained from us.
1.3 This Contract constitutes a legally binding agreement between you and us that will be effective on the date you purchase a SIM or first use the Service, whichever occurs first.
2 PROVISION OF SERVICE
2.1 Service is not available in ali parts of Antigua and Barbuda, nor in all other countries. The quality and availability of Service may vary from place to place, and time to time. Service is not fault free and may be affected by factors outside our control, including but not limited to physical obstructions, geographic and atmospheric conditions, radio interference and faults on other telecommunications systems connected to our Network.
2.2 The Network and the Services may from time to time require upgrading, modification, maintenance or other work, which may result in partial or complete non-availability of Service.
2.3 We may vary Content or the technical specification of Service from time to time.
2.4 We will use reasonable endeavors to maintain Content, but it may be incomplete, out of date or inaccurate and is provided on an "as is" basis. It is a condition of us allowing you access Content that you accept that we will not be liable for any action you or any other party take in reliance on the Content or the accuracy, completeness or continuous supply of the Content.
2.5 You are solely responsible for evaluating the accuracy and completeness of any Content and the value and integrity of goods and services offered by third parties over the Service. We will not be a party to nor in any way be responsible for any transaction concerning third party goods and services.
2.6 You may only use Content in a way that does not infringe the IP Rights of others ("Approved Use") and you must comply with all other instructions issued by us regarding use of Content. You shall not store, modify, transmit, distribute, broadcast or publish any part of the Content other than for an Approved Use. The reselling, copying or incorporation into any other work of part or all the Content in any form is prohibited save you may print or download extracts of Content for your personal use only.
3 PAYMENT FOR THE SERVICE
3.1 You pay for the Service by purchasing a Voucher and registering it with us. We are not under any obligation to make a refund to you if you purchase more call time than you intend for whatever reason.
3.2 Each time you incur Charges, the credits that are registered on your Account will be reduced according to the duration of the call/message and the type of call/message by reference to the Charges set out in the Price List. If you have selected a Service with recurring service Charges, the Charges will be deducted at the time(s) and for the period(s) set out in the Price List.
3.3 If at the time we attempt to deduct recurring service Charges for a Service you subscribe to and you do not have enough credit on your Account, Services will be suspended. Once you credit your Account we will deduct the relevant recurring service Charges and reinstate your Service.
3.4 When credits on your Account have been used up Services will be suspended.
3.5 If you are using the Service and the credits on your account expire during your use of the Service, the Service will be terminated.
3.6 No bills or records of Services used, including but not limited to calls made or received will be provided to you. It for whatever reason you are not able to obtain your current Account balance by using the Service we are not obliged to provide that information in another format.
3.7 Charges for using a Service will be calculated using the details we have recorded.
3.8 Call charging rates that vary according to time of day ("Band"). Calls which extend across more than one Band are billed according to the duration of the call in each Band multiplied by the applicable tanff for the Band.
3.9 Calls are charged in 1 second increments rounded up to the nearest second and then to the nearest cent (unless otherwise stated in the Price List).
3.10 You will be responsible for paying all charges on your Account, whether or not incurred by you personally.
3.11 While roaming you will be charged for incoming calls, to send text messages and you may be charged to receive text messages. Roaming charges may include minimumcharges and vary depending on the foreign network used and exchanqe rates.
4 YOUR RESPONSIBILITIES
4.1 You agree: (a) and warrant that all factual information provided by you is correct; (b) to take adequate precautions to prevent damage to, or unauthorised use or theft of the Phone; (c) that the telephone number and SIM allocated to you remains our property; (d) not to interfere with the SIM for any reason; (e)at our request, to return the SIM to us, or anyoneacting on our behalf; (I) to comply with all reasonable requests by us (or our agents), particularly in relation to the investigation of fraud or other offenses or as required by law or in legal proceedings; (g) not to act in a way, whether knowingly or otherwise, that will impair the operation of the Network or any part of it, or put it in jeopardy; (h) to give us (or our agents) information we (or our agents) reasonably ask for, including but not limited to, security checks before providing you with information about the Account; (i) to follow reasonable instructions we give you; U) to use the Phone exclusively with our Service; (k) not to do anything intended to avoid or evade our legitimate charges; (I) not to do anything that is intended to, or results in, or is likely to bypass our Network and/or Service; (m) to inform us in writing if any information on your application form (if any) changes; (n) to exclusively use the Phone and SIM in Antigua and Barbuda other than when Roaming with our Service; (0) not to export the Phone for profit.
4.2 You agree not to use the Phone or Services: (a) other than as described in the User Guides or instructions issued by us (or our agents) from time to time; (b) for anything unlawful, immoral or improper; (c) with equipment we have not approved for use with our Network; (d) other than in accordance With all relevant laws and regulations; (e) to send, receive, upload, download or otherwise facilitate material which is offensive, indecent, defamatory, of a menacing nature, a nuisance, a breach of privacy or unlawful; (f) to access or use Content that infringes the rights of others; (g) other than in accordance with acceptable use policies of any connected systems and (if appropriate) any relevant Internetstandards; and (h) in a fraudulent or improper manner.
4.3 If the Phone or SIM is lost, stolen, damaged or destroyed or used without your authorisation you agree to inform our customer care department immediately and confirm the same in writing within 3 days. In such an event we will be under no obligation to replace the Phone or SIM and if we do so a charge may be imposed.
4.4 You must tell us immediately by advising us in writing if anyone makes or threatens to make a claim or issue legal proceedings against you relating to your use of the Service or the Content
5 OUR RIGHT TO SUSPEND OR TERMINATE SERVICE
5.1 If you do not make a call (excluding calls to emergency numbers) at least once in any 3month period the SIM may (at our absolute discretion) be disconnected from the Network.
5.2 Each Voucher has a date by which you must Register the Voucher and use the amount credited to your Account ("Expiration Date"). In the event that the Expiration Date lapses (even if your Account is in credit): (a) and you do not credit your Account with a new Voucher within 60 days of the Expiration Date, the SIM may (at our absolute discretion) be disconnected from the Network. During this period Services may be suspended at our absolute discretion; (b) and you credit your Account with a new Voucher within 60 days of the Expiration Date, the amount of the new Voucher will be credited to your Account along with any credit that existed in your Account before the Voucher lapsed, these credits will expire the day the new Voucher lapses.
5.3 In addition to anything else we can do we can terminate this Contract or at our absolute discretion Suspend Service without warning if: (a) you fail to comply with this Contract in a material way; (b) you report your Phone lost, stolen, damaged or destroyed; (c) you do not comply with the provisions of Clause 4 and/or 9; (d) we have reasonable cause to believethat the Service was obtained fraudulently.
5.4 If your Phone is disconnected or this Contract is terminated any credits in your Accountwill be forfeited. If you are disconnected and wish to be reconnected, you will require a new SIM that can be obtained from us for a charge. On disconnection the telephone number associated with the SIM will be lost and we will be under no obligation to make any refund to for the cost of the Phone.
6 THINGS WE MAY HAVE TO DO
6.1 Occasionally we may have to: (a) alter the telephone number associated with the SIM, or any other name, code or number associated with the Service; (b) Suspend the Service for operational reasons, in an emergency, or for your security; (c) bar certain numbers from the Service in order to prevent fraud or in circumstances where we would suffer direct loss.
7.1 Nothing in this Contract removes or limits our liability for death or personal injury to any person resulting from our own negligence.
7.2 We have no liability to you (or anyone claiming through you) in contract, tort or otherwise for any loss or damage which is: (a) not our fault; (b) indirect and/or not reasonably foreseeable; (c) purely economic, special, punitive or consequential loss or damage (whether foreseeable or not) or any other form of economic loss, arising from our performance or non-performance of our obligations under this Contract including through negligence or breach of statutory duty to the extent permitted by law.
7.3 We have no liability to you (or anyone claiming through you) if we are unable to carry out our duties or provide Service because of factors beyond our control including, but not limited to, the following: (a) Acts of God; (b) outbreak of hostilities, civil riots, acts of terrorism; (c) act of any government or authority (including refusal or revocation of any license or consent); (d) power failures, failure of telecommunications lines, failure or breakdown of plant, machinery or equipment; (e) default or failures of suppliers, subcontractors or other telecommunications operators; (f) theft, malicious damage; (g) industrial action of any kind.
7.4 We have no liability to you (or anyone claiming through you) if we disconnect the phone or Suspend the Service.
7.5 If we are found to be liable to you (or anyone claiming through you) we limit our liability under this Contract up to a maximum of the Voucher Registered and being used by you at the time when the liability arises, except under Clause 7.1.
7.6 We, our associated or affiliated companies, their respective officers, agents, directors, principals, employees, attorneys, underwriters, 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,(altogether, "claims whatsoever") arising out of or in respect to our equipment 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 our Network and/or equipment. If we offer goods and/or services as agents of any principal providers(s), 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.
7.7 All conditions, warranties, terms and undertakings expressed or implied by statute,common law or otherwise (including but not limited to fitness for a particular purpose) are expressly excluded from this Contract to the extent permitted by law.
7.8 Each provision of this Clause operates separately. If any part is found by a Court to be unenforceable or inapplicable (in whole or in part) the other parts will continue to apply.
7.9 This Clause will apply even after this Contract has ended.
8 CHANGES TO THE CONTRACT
8.1 We may modify this Contract and the Tariffs at any time (including introducing charges for aspects of the Service previously provided for free). Such modification becomes effective immediately upon our having notified you. If Service is used after notification you will be deemed to have accepted the change. If we vary any of the Charges or change the Contract to your disadvantage you may stop using the service. If you stop using the Service we will be under no obligation to make any refund to for the cost of the Phone and credits in your Account will be forfeited.
9 PHONE LOCKING
Your Phone is locked to the Network. You agree not to unlock or have a third party unlock the Phone without our express prior written consent. In addition, attempting to unlock your Phone may result in your Phone becoming permanently blocked. We accept no responsibility for any Phone blocked in this way.
10 USE AND DISCLOSURE OF INFORMATION
10.1 You authorise us to (a) obtain any information required relative to your credit history or application for credit and any source is authorised to provide such information; (b) to disclose to, debt collection agency, credit reference agency, credit bureau, security agency, credit provider, other communications companies, or any other business or person in any jurisdiction information about you, your use of the Service, how you conduct your Account and details of you performance in meeting your obligations hereunder; (c) make any disclosure required as a result of an order of any court of competent jurisdiction or by statutory authority. You agree to indemnify and save us from any and all claims and damages resulting from such disclosures.
10.2 You agree personal data provided by you to us can be used, analysed and assessed by us and selected third parties for marketing purposes, including amongst other things, to identify and offer you by any means, products, services and offers that we think might interest you. If you do not wish your details to be used in such a manner notify us in writing stating your name, address and mobile telephone number.
11 INTERNET ACCESS
11.1 If you have a Phone that enables access to the Internet ("Internet Phone") the followingterms and conditions also apply to you: (a) Certain parts of the Service may only be available by registering with us or an ISP; (b) we or our contractual partners may providelinks to other web sites or resources. We neither accept responsibility for third party web sites or resources nor endorse their Content: (c) you understand that all the Content made available (directly or indirectly) on the Internet using the Service whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, email or otherwise transmit via the Internet Phone or the Internet; (d) your dealingswith, and interest in, promotions, services, or merchants found by using your Internet Phone on or via the Internet are solely between you and the person with whom you are dealing. We will not be responsible for any losses or damages that may arise from any suchdealings with third parties; (e) access to secure financial transactions will be dependent on the make and model of your Internet Phone and the third party supplier of Content. We will not be responsible for any losses or damages that may arise from any such dealings with third parties.
12.1 This Contract supersedes all prior representations, arrangements, understanding and agreements between ourselves (whether written or oral) relating to the subject matter hereof and sets forth the entire and complete understanding between ourselves relating to the subject matter hereof.
12.2 You agree that the telephone number associated with the SIM may be displayed by our Network on receiving handsets and that unless you inform us in writing to the contrarystating your name, address and mobile telephone number we may include said number in directories.
12.3 You warrant to us that you have not relied on any representation, arrangements, understanding and agreements between ourselves (whether written or oral) not expressly set out in this Contract.
12.4 You may not or try to transfer any of your rights and responsibilities hereunder unless we agree in writing beforehand. We may transfer any of our rights and responsibilitieshereunder without your permission.
12.5 We or our agents may record or monitor any conversation between you and us (or our agents) for training quality, control or our lawful business purpose.
12.6 Any concessions of extra time that we allow you only applies to the specific circumstances in which we give it. It does not affect our rights under this Contract in any other way.
12.7 Any notice you are required to send to us must be sent in writing to the address set out above.
12.8 Any notices we are required to send you may be provided, without limitation, by (a) national advertising campaigns, (b) messages on our system when you call it, (c) the issue of messages to you by means of the Service, or (d) advertisement on our website.
12.9 If either you or us fail to enforce any rights under the Contract. It shall not prevent either you or us (As the case may be) from taking action later.
12.10 If a clause in this Contract is found to be invalid or unenforceable in whole or in part for any reasons whatsoever It shall not affect the validity and enforceability of the remainder of this Contract 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.
12.11 You acknowledge that we are the owner or licensee of IP Rights and that nothing herein contained shall be construed as conferring upon you any right, title or interest in any IP Rights owned or licensed by us.
12.12 The laws of Antigua and Barbuda to terns Contract and dispute will be settled in the court of Antigua and Barbuda.