“We” or “us” means DIGICEL CARIBBEAN LIMITED (“Digicel”) a company registered under the laws of St Lucia, with registered offices at P.O. Box BW400 Baywalk Mall, Rodney Bay, Castries, St Lucia. References to “we, “our” and “us” in these Terms also includes our subsidiaries and affiliates (“Affiliates”) from time to time.
“You” means the person accessing or using the Website or viewing its Content (and “your” shall have the same meaning).
“Content” means information, audio, radio, podcasts, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content.
“Use" or "using" in these Terms means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Website, transmit, receive or exchange data or communicate with the Website, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Website, for any purpose whatsoever.
By using the Website, whether occasionally, frequently or permanently, or by otherwise indicating your consent, you agree to be legally bound by these Terms.
If you do not agree to or accept any of these Terms, or if you are under the age of 13, you should stop using the Website immediately.
You may not transfer or assign any obligations or responsibilities arising from these Terms to third parties in any way whatsoever, and may not make any third party a partner to responsibilities written in these Terms and therefore in related legal provisions due to any reason whatsoever.
1. WEBSITE DEVELOPMENT INFORMATION
1.1. The Website is developed, hosted, and licensed to us by Adobe Systems Software Ireland Limited (ADIR) whose registered address is 4-6 Riverwalk, Citywest Business Campus, Saggart, Dublin 24, Ireland (the “Host”).
1.2. These Terms are subject to the terms and conditions of our agreement with the Host.
1.3. Within the scope of your use of the Website, you may have access to and/or enter into contractual relationships with third parties with which the Host collaborates.
2. DESCRIPTION OF THE WEBSITE
2.1. We operate this Website to provide online access to information about Digicel and the products, services and opportunities we provide (“Services”)
2.2. Additional terms and conditions (“Additional Terms”) which are applicable to, and govern, specific promotions, subscriptions, transactions, mobile applications owned, controlled or distributed by Digicel (“Apps”) and Content are also posted in particular web pages of the Website, together with these Terms.
2.3. If there is a conflict between these Terms and the Additional Terms for an activity which you choose to participate in, the Additional Terms shall govern.
2.4. To access the Website, you must have internet access and may be required to register and sign in with a username and password on certain web pages.
2.5. This Website is intended for use by those who can access it from within countries in which we or our Affiliates have a business, company or commercial presence (the “Territory”). If you choose to access the Website from a location outside of the Territory, you are responsible for compliance with local laws where they are applicable.
2.6. You accept that whether or not you are located within the Territory, the Website or certain Content on the Website may not be available in your country or in your preferred language.
2.7. We reserve the right to modify, suspend, remove or disable access to the Website and any Content or other materials that are offered on the Website at any time, without notice. Consequently, we will neither be responsible towards you nor any third party for any modification, suspension, removal or discontinuance of the Website.
3. RIGHTS AND OBLIGATIONS
3.1. You shall be solely responsible for all necessary equipment, associated fees and costs incurred by you for connectivity and data usage in relation to your use of the Website.
3.2. All Content available on the Website are available only for your personal and non-commercial use.
3.3. If you register to use the Website, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your devices. You agree to accept responsibility for all activities that occur under your username and password.
3.4. You agree to not: a) use any device or software to interfere or attempt to interfere with the proper working of the Website, including but not limited to disrupting or intercepting it; b) use any robot, spider, other electronic device, automatic, or manual process besides any sharing capabilities available on the Website, to hack, monitor or copy the Website or any Content published on it; c) use the Website in any way that may cause harm to it or have a detrimental impact on our users’ experience; or d) use the Website in any other way that is inconsistent with these Terms.
3.5. When communicating with our customer care agents, you agree not to use any defamatory, threatening, obscene, or harmful language or language which would violate or infringe, in any way, the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience or which does not comply with all relevant laws. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive or discriminatory.
3.6. You have the right to terminate or cancel your registration on the Website at any time by submitting your request for termination through the means provided on the Website.
3.7. We also have the right immediately to terminate your use of the Website if we determine in our sole discretion that you have breached these Terms or any Additional Terms on the Website or have otherwise been engaged in conduct which we determine in our sole discretion to be unacceptable.
3.8. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
3.9. Our privacy notice is available at https://www.digicelgroup.com/en/privacy-policy0.html
4. INTELLECTUAL PROPERTY RIGHTS
4.1. The Website may contain Content belonging to us, our Affiliates or our licensors and assignors.
4.2. The Website and its Content are protected by copyright, trademark, patent, trade secret and other laws and we own and retain all rights in the Content and the Website. We hereby grant you a limited, revocable, non-sublicensable, non-transferable right to access the Website and view the Content. Nothing in these Terms grants you any legal rights in the Website other than is necessary to enable you to use the Website and view its Content.
4.3. Except as provided in this Agreement or as explicitly allowed in any Additional Terms on any of our applicable Services, you shall not copy, download, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise engage in unauthorized use of any Content contained in or through the Website.
4.4. Except as explicitly and expressly permitted by us, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away.
4.5. You shall not, either directly or through the use of any device, software, internet website, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained on the Website or any digital rights management mechanism, device, or other protection, copy control, or access control measure associated with the Content, including geo-filtering mechanisms.
4.6. If you become aware of any unauthorized use, distribution or commercial exploitation of the Content, you agree to notify us immediately.
5. OUR APPS
5.1. This Website may offer promotions, products and services through the Apps (the "Digital Services"), which are governed by the Additional Terms presented in connection with the applicable Digital Service.
5.2. Digital Services may be provided at no charge to you or may be available for a fee, as provided in the applicable Additional Terms, including, but not limited to, the terms presented to you in connection with your download of the Apps, or registration, subscription or participation in such Digital Service.
5.3. In addition, our standard messaging rates and other messaging, data and other rates and charges may apply to certain Digital Services. You should check with us to find out what plans and bundles we offer and how much they cost.
5.4. In addition, the use or availability of certain Digital Services may be prohibited or restricted by us, based on factors including but not limited to your geographical location and your mobile account status, and not all Digital Services may work with all wireless carriers or devices.
5.5. You may check with us to find out if the Digital Services are available for your wireless device, and what restrictions, if any, may be applicable to your use of such Digital Services.
5.6. If you change or deactivate your wireless telephone number, you agree to promptly update your account information, or otherwise notify us that the wireless telephone number is no longer associated with you and identify such wireless phone number.
5.7. You are solely responsible for any wireless service charges incurred by you or by a person that has access to your wireless device, telephone number, or email address using any Digital Services.
6. HYPERLINKS AND THIRD-PARTY APPS
6.1. We may enable access to our other Services, websites and Apps as well as third-party services, websites and apps. You access these at your own discretion and risk. We are not liable for any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on any Content, goods or services available on or through any such services, websites or apps.
6.2. The display of any hyperlink and reference to any third-party service, site or app does not mean that we endorse that third party’s products, services, website or app.
6.3. Your use of a third-party app may be governed by the terms and conditions of that third-party app. We strongly advise you to read the terms and conditions and privacy policies of any third-party services, websites or apps that you visit.
6.4. We are not responsible or liable for any Content, advertising, products or services on or available from such third-party websites or apps, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with your use of or reliance on any Content, advertising, products or services available on or available from such third-party websites or apps.
6.5. Any dealings between you and any advertisers or third-party merchants found on or via the Website, including payment for and delivery of products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and the relevant advertiser or merchant. You agree not to hold us liable for any loss or damage of any kind incurred as the result of any such dealings.
7. WAIVER OF COMPENSATION
7.1. You agree to fully indemnify us and our Affiliates, directors, shareholders, employees, licensors, contract staff, partners, agents and customers that display their marks in conjunction with us, in respect of any damage or loss suffered by you, including legal costs and attorneys' fees, which arise from your use, misuse, or inability to use the Website, the Services, or the Content, or any violations by you of these Terms.
7.2. You agree to refrain from taking any action or issuing any claim against us and our Affiliates, directors, shareholders, employees, or agents with respect to our use of the Website or any action undertaken by us in which we have removed any information or Content, or taken any other action during the investigation of a suspected violation.
8. WARRANTY AND LIMITATION OF LIABILITY
8.1. The Website is provided “as is” and without warranty or condition. We do not guarantee, represent or warrant that your access to the Website will be uninterrupted, error-free or operable at all times or during any down time (a) caused by outages to any public internet backbones, networks or servers; (b) caused by any failures of your application, equipment, systems or local access services; (c) for previously scheduled maintenance; or (d) relating to events beyond our control including but not limited to strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where our or your servers are located.
8.2. We cannot and do not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs.
8.3. In no event shall we, our Affiliates, directors, shareholders, employees, licensors, contract staff, partners, officers or agents be liable for any damages whatsoever, including, but not limited to any incidental, consequential, special, exemplary or other damages directly or indirectly arising out of: (a) the use of or unavailability of the Website; (b) any action taken in reliance on, or response to, any Content published on the Website; (c) any transaction facilitated by or conducted via the Website, (d) any claim attributable to errors, omissions or any inaccuracy in the Content; (e) any unauthorized access to or alteration of your data or (f) any other matter in connection with the Website, however caused, even if we have been advised of the possibility of such damages.
8.4. We are not liable for any harm caused or related to the theft or misappropriation of your username or password, disclosure of your username or password, or your authorization of anyone else to use your username or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your username or password or any other need to deactivate your username or password due to security concerns.
9. CUSTOMER SUPPORT
For customer support, to report a problem or to send us your feedback, please contact us through the customer support chat feature or visit the “Contact Us” option on the Website.
10. MODIFICATIONS TO THE TERMS
10.2. We reserve the right to change the rates for the Service, and when doing so we shall provide you with reasonable notice, of at least 7 days prior to such change, on the Website or through such communication as we consider appropriate. If any of the changes made are deemed unacceptable to you, you may unsubscribe or stop using the Website immediately.
11. DISPUTE RESOLUTION AND OTHER TERMS
11.1. These Terms, your use of this Website and any other website of ours are governed by the laws of Anguilla and both you and us hereby submit to the non-exclusive jurisdiction of the courts of Anguilla.
11.2. Any dispute or claim relating to or in connection with the execution or enforcement of these Terms or use of the Website, including without limitation, any dispute regarding the validity, interpretation, enforceability or breach of which, will be finally resolved by the competent judicial authorities established in Anguilla
11.3. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
11.4. If any of these Terms is determined to be invalid or otherwise unenforceable by reason of the application of any law, such provisions shall be severed and deleted from these Terms and the remainder of these Terms shall continue to have full force and effect.
11.5. Notices may be sent to the e-mail address or telephone number you provide us with in the case of notices sent by us and to the relevant e-mail address as set out on this Website in the case of notices sent by you. Notices shall be deemed to have been delivered at the confirmed time of sending.
The Website or Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.