We accept no responsibility for loss, damage, or claims caused by, related to, or in any way resulting from the offer, its exercise or acceptance both during and after the installment agreement period. The smartphone is the responsibility of the customer who is also responsible for the 24 monthly payments.
All costs and expenses not expressly included herein in connection with the offer, and all applicable fees, will be the sole responsibility of the customer.
If you are a customer currently out of contract, you may purchase a device at the discounted price by signing a Handset Installment Agreement on a Smartphone Plan from the date of purchase for 24 months.
If you have six months or less remaining on your current agreement, you may purchase device at the discounted price by signing a Handset Installment Agreement on a Smartphone Plan from the date of purchase for 24 months.
If you have more than six months remaining on your agreement, you are not eligible for the discounted pricing on a device but may purchase a device at the upgrade pricing. This will not result in any changes to your commitment period.
Should you wish to leave Digicel or end your commitment to the Digicel Postpaid Refresh Handset Installment Agreement, the full outstanding balance of the smartphone will be due.
4. Fair Use Policy
‘The Promotion’ is offered for the personal use of individuals and not for commercial use. Any usage by an individual that in our sole discretion is intended for financial gain or profit by you will result in the immediate termination of ‘The Promotion’ offer to you.
1. The company will not be liable for any consequential loss or damage caused directly or indirectly by any defect or otherwise howsoever caused.
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.
3. We have no liability to you (or any one 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.
4. We have no liability to you (or anyone claiming through you) if we disconnect the phone or Suspend the Service.
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 amount charged for the valid entries made.
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. 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.
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.
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