Digicel (Barbados) Limited
Terms & Conditions of Prepaid Mobile Telephone Service
1.1 These words have the following meanings:
“Account” – the account in which we record your credit and Charges; “Charges” – all the tariffs associated with the Service described in the Price List;
“Content” – all information whether textual, visual, audio or otherwise, appearing on or available through the Service including all information supplied between content providers from time to time; “IP Rights” – means copyrights, trademark and other relevant proprietary and intellectual property rights relating to the Content; “Mobile Phone” - a mobile telephone and SIM Card (which remains our property) approved by us for connection to our Network; “Network” – the cellular telecommunications system run by us; “Price List” – our periodically updated list of Charges for the provision of Service to Customer; “Registration” – our acceptance of your application to register with us for the Service once you purchase calltime from us in the form of a Voucher and ‘Register’,‘Registering’ and ‘Registered’ has a corresponding meaning; “Roaming” – making and receiving calls whilst abroad via a local network operator; “Service” – any or all (as the case may be) of the following services: airtime service enabling you to make or receive calls and to send and receive data by means of the Network, the ability to send and receive email via the internet, the ability to access information from the internet and any additional services we agree to provide to you; “SIM Card” – the card or other device bearing a unique telephone number programmed to allow a mobile telephone to access the Service; “Terms and Conditions” - these terms and conditions and our current Price List; “User Guides” - any guides or documentation supplied with your Mobile Phone either by us or by the manufacturer of your Mobile Phone, which explains to you how the Service works, how to purchase a Voucher and/or how to use your Mobile Phone; “Voucher” – our calltime voucher that you can purchase from us or our authorised agents, the face value amount of which can be credited against your Account; “we”,“us” and “our” - Digicel (Barbados) Limited, having its principle place of business at the Courtyard, Hastings, Christ Church, Barbados, registered in Barbados under No. 19797; and “you”,“your” and “customer” – the person to whom these Terms and Conditions apply , and it includes any person who we reasonably believe is acting with your authority or knowledge.
1.2 The Price List contains explanations, notes and conditions that form part of these Terms and Conditions. A copy of the Charges
is available when you purchase your Mobile Phone and will be included in your welcome pack or may be obtained from us.
1.3 These Terms and Conditions shall govern the relationship between us and you for the provision of Service and shall constitute legal and binding obligations on us and you once you Register your Account with us or first use our Service, whichever occurs first.
2 Provision and Use of Service
2.1 The Service is not available in all places nor in all countries
and the quality and coverage of Service may vary from place to place, and from time to time. Service is not fault free and it may be impaired by physical obstructions, geographic and atmospheric conditions, other causes of radio interference or other conditions or circumstance beyond our control, including but not limited to, defects on other telecommunications systems not owned by us but to which our Network is connected.
2.2 If you use your Mobile Phone abroad, you will be charged for incoming calls.You may be charged to receive certain premium rated text-messaging Service.
2.3 Roaming charges may vary according to the foreign network and exchange rates and may include minimum charges.
2.4 Our Network may from time to time require upgrading, modification, maintenance or other work, which may result in partial or complete non-availability of Service.
2.5 We may using reasonable skill and care exercise our discretion to refuse to provide any part of the Service to you (and this may involve barring certain numbers from the Service on a temporary or permanent basis, in circumstances where it is necessary for us to do so).
2.6 We may vary Content or the technical specification of Service from time to time.
2.7 We will use reasonable endeavours to maintain Content but
it may be incomplete, out of date or inaccurate and is provided to you on an “as is” basis. It is a condition of us allowing you access
to Content that you accept that we will not be liable for any action you or any other party takes in reliance on the Content or the accuracy, completeness or continuous supply of the Content.
2.8 If the Service enables access to Content you may need a handset that enables access to Content.
2.9 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.
2.10 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 by means of the Service. We will not be a party to nor in any way be responsible for any transaction concerning third party goods and services.
2.11 The Services is made available provided: (a) they are not
used for anything unlawful, immoral or improper; (b) they are not used to make offensive or nuisance communications in whatever form, or to make or receive reverse charge calls; (c) they are only used with equipment approved for use with our Network; (d) you comply with all relevant laws and regulations: (e) they are not
used to send, receive, upload, download or otherwise facilitate any material which is offensive, indecent, defamatory, of a menacing nature, a nuisance, a breach of privacy or unlawful; (f ) they are not used to access or use Content that infringes the rights of others;
(g) they are not used otherwise than in accordance with any connected network’s polices for acceptable use, and (if appropriate) any relevant internet standards; (h) you give us (or our agents) information we (or our agents) reasonably ask for; and (i) all reasonable instructions we give you are followed.
3 Payment For The Service
3.1 You pay for the Service by purchasing a Voucher and Registering it with us. We will not be under any obligation to
make a refund to you where you purchase more calltime than you intended, 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. You are responsible for all Charges correctly deducted in accordance with this Clause.
3.3 If at the time we attempt to deduct recurring service Charges for additional Service you have subscribed to and you do not have enough credit on your Account: (a) you will not be able to make any outbound calls (except to emergency numbers and to us), send or receive any additional services, or receive any reverse billed services on that day; and (b) you will not be able to make or receive calls while Roaming. If later during that day you credit your Account we will deduct the relevant recurring service Charges and reinstate your Service.
3.4 When the credits on your Account have been used up you will not be able to use the Service until a further credit is made to your Account. You will still be able to make calls to emergency services and to us and receive calls whilst the SIM Card is connected to the Network.
3.5 In order to make a chargeable call, retrieve a voice message, send a text or picture message, receive a reverse billed service or open a data session you must have paid up any recurring service Charges that may apply. You must also have sufficient credit on your Account to enable you to make the call, to send (or receive) the service in question; or to open a data session, to send or receive a minimum of 2Kb of information. Minimum balances reserved for the first Service activated will not be available for any subsequently activated, yet concurrently used service. Services used simultaneously will be charged for concurrently. We will not pay any interest on credits.
3.6 If 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.
4 Your Responsibilities
4.1 You must use your Mobile Phone and the Service in the way described in the User Guides or any other instructions issued by
us (or our agents). From time to time it may be necessary for us
to amend or supplement our advice to you on the introduction
or withdrawal of products and/or Service. It is important that you read and understand the information contained in the User Guides and other instructions as they will apply to your use of the Service from when you Register with us.
4.2 You agree: (a) and warrant that all factual information you provide to us is correct; (b) to take adequate precautions to prevent damage to or unauthorized use or theft of the your Mobile Phone; (c) that the SIM Card and mobile telephone numbers allocated to you will at all times remain our property; (d) not to interfere withthe SIM Card for any reason; (e) to use the SIM Card exclusively in connection with our Service; (f ) to return the SIM Card to us, or anyone acting on our behalf, at our request; and (g) to comply with all reasonable request by us (or our agents), particularly in relation to the investigation of fraud or other offences or as required by law or in legal proceedings.
4.3 If the Mobile Phone is lost, stolen, damaged or destroyed
or used without your authorisation: (a) you agree to inform our customer care department immediately and confirm the same in writing; (b) we will be under no obligation to make a refund to you of the credits left on your Account; (c) we are under no obligation to replace the Mobile Phone and if it is replaced we may charge you for its replacement.
4.4 You must not use your Mobile Phone or the Service other than in accordance with acceptable use policies of any connected systems and (if appropriate) any relevant Internet standards.
4.5 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 uses of the Service or the Content.
5 Things We May Have To Do
5.1 Occasionally we may have to: (a) alter the mobile telephone number associated with the SIM Card or any other name, code or number associated with the Service; (b) temporarily suspend the Service (or any part of it) for operational reason or in an emergency or for your security; (c) bar certain numbers from the Service on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer direct loss.
6 Our Rights to Bar or Disconnect The SIM Card
6.1 If you do not make or receive a call at least once in any three month period the SIM Card may (at our absolute discretion) be disconnected from the Network, you will not be able to use the Service at all and any credits left on your Account will be forfeited.
6.2 Each Voucher has a date by which you must Register the Voucher and use the amount credited to your Account (“Expiration Dates”). In the event that the Expiration Dates lapse (irrespective of your Account being in credit):
(a) and you do not credit your Account with a new Voucher within a maximum of 60 days of the Expiration Date, the SIM Card may (at our absolute discretion) be disconnected from the Network, and any credits left on your Account will be forfeited. During this period you will still be able to make calls to emergency services and to us and receive calls whist the SIM Card is connected to the Network you will not, however, be allowed to make a chargeable call, retrieve a voice message, send a text or picture message, receive a reverse billed service or open a data session;