1. The Service
a) Digicel AppSeeker and AppManager are applications designed to allow Customers to avail of specified recommendations of apps and to notify you of any available apps and/or updates to third party applications with the intent to improve the Customers user experience with apps on Digicel’s network (hereinafter referred to as the “Service”).
b) Please read these terms and conditions (the “Terms and Conditions”) Terms carefully because they govern the relationship between Digicel Group Limited, a company registered under the laws of Bermuda with principal offices at Clarendon House, Hamilton, Bermuda (hereinafter called “Digicel”, “we”, “us”, “our”, or “the Company”) and the user (hereinafter called “you”, “your”, “user” or “Customer”) of Services . You must accept these Terms prior to using the Services.
c) By downloading or installing Digicel AppSeeker or AppManager or using the Services, you signify your assent to these Terms. Digicel reserves the right to make changes to these Terms of the Services from time to time and Digicel will make reasonable commercial efforts to notify you of any updates to these Terms. Notwithstanding the foregoing, your continued use of the Services will be deemed acceptance to amended or updated Terms. As such, you should check frequently to see if we have updated these Terms. The most current version of the Terms is available at play store and apple store. If you do not agree to any of these Terms, please do not use Digicel AppSeeker or AppManager and/or the Services.
2. Installing Digicel AppSeeker or AppManager
a) In order to access and use the features of the Service, you acknowledge and agree that you will have to register with us by installing Digicel AppSeeker or AppManager on your device. Once you install Digicel AppSeeker or AppManager, you will be automatically registered by Digicel and your profile completed within Digicel’s networks. To complete registration, Digicel may require that you provide certain information as will be indicated during the registration process. You must provide all information as will be requested and you represent and warrant that all such information shall be accurate and complete.
b) To complete installation of Digicel AppSeeker or AppManager, and for you to access the Service, you will be required to give a one-time consent that you have understood the terms of this Service. You should not use this Service if you do not agree to any of these Terms.
3. Governing Laws/Terms
4. Use of the service
a) You are solely responsible for keeping your password and other login credentials secured, and for all purchases, activations, services requested and other transactions conducted through your registered online account. Any purchases made using the Service shall be deemed a legitimate request from the Customer to whom the online account is registered. You must immediately advise Digicel if your account information is compromised or they have reason to believe it is compromised.
b) Digicel shall not be responsible for any losses arising out of the unauthorised use of a Customer’s online account details. You will receive a SMS/test message advising of your registration to use the Service and confirmation of each purchase made using the Service.
c) THIRD PARTY APPS. The Service includes delivery, update and/or recommendations to Digicel and/or third party apps and/or content (collectively, “Third Party Content”). Any use by you of Third Party Content that is available via the Service is subject to the terms and conditions of any such Third Party Content. You acknowledge that we have no control over and assume no responsibility for Third Party Content. You assume all responsibility and risk in connection with your use of Third Party Content and we hereby disclaim any and all liability to you or any third party in connection thereto. We have no obligation to examine, review or monitor Third Party Content and are not responsible for the accuracy, completeness, appropriateness or legality of Third Party Content.
d) UPDATES/UPGRADES. The Company has no obligation to provide technical support under these Terms, but it may notify you at its discretion of available Service updates or upgrades. Some updates/upgrades may be optional and some may be mandatory in order to operate the Service, maintain Service compatibility, provide security updates or bug fixes or offer new features, functionality or versions.
5. Data and Privacy
b) By installing and using this Service you acknowledge and expressly consent to Digicel receiving some of the information stored in your device like your address book.
c) You acknowledge and expressly consent to the transfer of some your information to other jurisdictions (to the extent permitted by law) for storage, and processing and that your customer information may be retained for a reasonable period of time in a secure environment.
6. Representations and Warranties
Digicel does not guarantee, represent or warrant that your access to the Service 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 Digicel’s control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Digicel or your servers are located.
These Terms becomes effective as of the date on which you first use the Service. You may terminate your relationship with us at any time by cease using the Service. Furthermore, your failure to comply with the terms of these Terms or any other agreement you have with us shall terminate your license and these Terms. Upon termination of these Terms the license granted to you in these Terms shall automatically expire and you shall discontinue all further use of the Service. For clarification the Company reserves the right to prevent you from further use of the Service in the event you cease to be in compliance with these Terms
8. Service Suspension or Discontinuation
Digicel may change, suspend or discontinue the Service at any time. Digicel may also impose limits on the use of or access to certain features or portions of the Service, in any case without notice or liability.
9. Limitations of liability
a) In no event shall Digicel , its directors, officers or agents be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of : (i) the use of or unavailability of the Service (ii) any transaction conducted using the Service (iii) any claim attributable to errors, omissions or any inaccuracy in the Service (iv) unauthorised access to or alteration of transmissions or date or (v) any other matter in connection with the Service, even if Digicel has been advised of the possibility of such damages.
b) You accept the Service is provided “as is” and acknowledge that Digicel makes no other warranty and disclaims all implied and statutory warranties, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose or non-infringement.
a) You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any content on the application, or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Digicel reserves the right to prohibit any such activity.
b) You may not attempt to gain unauthorized access to any portion or feature of the Service or any other systems or networks connected to the Digicel website or to any Digicel server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
c) You may not probe, scan or test the vulnerability of the Service, nor breach the security or authentication measures while using the Service. You may not reverse look-up, trace or seek to trace any information on any other user of the Service, or any other customer of Digicel, including any Digicel account not owned by you, or exploit the Service or information made available or offered by or through the Digicel website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information.
d) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or with any other person’s use of the Service.
e) You may not represent that you are someone else, or impersonate any other individual or entity or manipulate information in order to use the Service.