1. The Service
a) MyDigicel is an application that is designed to allow Customers to go online using their devices to perform certain functions including to view their account details, buy mobile telecommunications voice and data plans, purchase data refills for current data plans, check the balance on an existing voice or data plan and Top Up a mobile account, connect to Digicel customer care services and other Digicel links and websites or facilities offered by or through Digicel from time to time (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 MyDigicel 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 (“the Service”. If you do not agree to any of these Terms, please do not use MyDigicel and/or the Services.
2. Installing MyDigicel
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 MyDigicel on your device. Once you install MyDigicel, 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 MyDigicel, 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.
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.
Your agreement with us shall commence on the date you accept these Terms and sign up for the Service and shall continue unless terminated by either party with 30 days’ notice. Digicel may terminate this agreement with you immediately, by written notice, if it has reason to believe that you are in breach of these terms. Upon termination, Digicel will stop supplying you with the Service and (a) you will not be entitled to any refunds of any fees, and (b) any outstanding balance for Services rendered to you through the date of termination will be immediately due and payable in full and (c) all of your historical report data will no longer be available to you unless a purchase or professional services agreement for the exchange and transfer of such data is entered into as a component of termination.
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.