DIGICEL INTUNES TERMS AND CONDITIONS OF USE
These terms and conditions shall govern the relationship between Digicel (Jamaica) Limited (hereinafter referred to as “Digicel”, "we", "us" "our" and "the Company") and the user (hereinafter referred to as "you", "your" and "the Customer") of the Company’s Ring Back Tones Service (hereafter referred to as "the Service") and shall constitute legal and binding obligations on the parties once you have subscribed to the Service. For the purpose of these Terms and Conditions “Content” shall mean songs, sounds, images, ring tones, animation or any other content that is obtainable through the Service for use on a mobile phone device.
By using the Service, you have agreed to these Terms and Conditions. We reserve the right to amend or unilaterally change the Service and/or the terms and conditions of this Agreement subject to notifying you of such amendments. Such notification may be by way of advertisement in the national media, SMS text messaging and/or our website. If the Service is used by you after notice of any amendment, then it shall be deemed accepted.
1. You understand that the Content comes from a variety of sources, and Digicel does not guarantee that the Content is adapted for a determined intention, or of a certain quality or free of errors.
2. The cost of any Content downloaded or accessed will be included in your monthly invoice for postpaid Customers or deducted from your credit for prepaid Customers.
3. The ability to download or access Content may be restricted or impaired when roaming abroad.
4. Content is non-exchangeable and non-refundable.
5. You must not modify or forward any Content and you will be directly liable for any claims brought against you, including claims by Digicel or any third parties should you do so.
6. In no circumstances may you use the Content for commercial purposes or forward Content to anyone who you have reason to believe may use it commercially.
7. You may not copy, distribute, modify, reformat, display, license, transmit, sell, perform, publish, transfer, reverse engineer or decompile (except to the extent expressly permitted by applicable law or as set out in this Agreement) or attempt to do so, or otherwise make available, the Content.
8. If your contract with Digicel is terminated or you otherwise leave Digicel’s network, you will lose any Content you have purchased or which you received as part of a promotion
9. Differences in handset features mean that not all handsets are compatible with all Content. You are advised to check your particular handset's compatibility before downloading or accessing Content.
10. Under no circumstances will Digicel or any of the other parties involved in the provision of Content, be liable for any losses, damages, costs or expenses arising from or in any way connected with any errors, defects, interruptions, malfunctions or delays in Content or the provision of Content. Where possible Digicel agrees to rectify any such problems in the Content which are notified to Digicel as soon as reasonably practicable. If you do notice a fault or error in the Content, please notify the fault to Digicel.
11. The downloading and accessibility of Content is subject to availability and may be affected by the volume of users from time to time or by network congestion.
12. Unlawful, indecent, or otherwise inappropriate use of the Content is prohibited.
13. You agree not to use the Network or the Content in any way which may interrupt, damage, reduce the efficiency or impair in any way the whole or any part of the Network or the delivery of Content.
14. All trademarks and trade names are the properties of their respective owners and all rights are reserved by the respective owners.
15. Breach of these terms by you will entitle Digicel to terminate your use of the Service.
16. If you change your mobile phone number at any time you will lose all Ring Back Tones you previously purchased or received as a free promotion as part of the Service. The Service is subject to a monthly subscription fee as well as a fee for individual Content. By purchasing Content, you agree to pay the monthly subscription fee until such time as you unsubscribe from the Service.
17. Ring Back Tones purchased will be valid for three (3) months or as otherwise notified at the time of purchase, unless Digicel decides in its sole discretion to remove it from the Service for legal reasons.
18. For Postpaid Customers the service will be automatically renewed on a monthly basis unless you cancel the Service.
19. For Prepaid Customers the Service will automatically be renewed on a monthly basis, and the following shall apply:
a. You will receive an SMS alert, 5 days, 2 days and 1 day prior to the expiration of the subscription
b. You will receive an option to cancel the Service before the renewal date
c. If you do not cancel the Service prior to the renewal date the Service will be automatically renewed.
d. If you have insufficient credit at the time of automatic renewal the Service will not be renewed at that time, however the renewal process will be completed the next time that the subscriber tops up their credit.
20. You can unsubscribe from the Service at any time. The monthly subscription fee will no longer be charged as from the end of the month in which you unsubscribe.
21. If you decide to unsubscribe from the Ring Back Tones Service you will lose all the Ring Back Tones you have previously purchased or received as a free promotion.
22. Digicel reserves the right to vary or withdraw Content at any time without notice and to amend these Terms and Conditions from time to time. Any alteration or addition to these Terms shall take effect immediately once posted on our website. Any continued use or access to Content after such publication means that you will be deemed to have accepted such changes. Digicel reserves the right to change the cost of the Content from time to time. Any alteration or addition to the cost shall take effect immediately once posted on our website, on Digicel Live or otherwise communicated to the public via newspaper adverts, press releases or SMS messages. Any continued downloads of Content and access to Content after such publication means that you will be deemed to have accepted such changes.