These SMS Service Terms and Conditions constitute a legal agreement ("Agreement"); please read them carefully.
By downloading mobile content, entering a mobile phone competition or subscribing to a mobile SMS service such as a subscription service or once off information service (“Service”) you agree to be bound by the terms and conditions of this Agreement. In this Agreement, "you" and "your" refer to each customer (including the subscriber of a participating mobile communications carrier on whose behalf you are entering into this Agreement) and his or her agents, and "we", "us" and "our" refer collectively to Digicel (PNG) Limited, ("Digicel"). This Agreement explains our obligations to you, and your obligations to us in relation to the Service.
1. By accessing the Service you agree to pay the Service Charges applicable to the particular Service.
2. If you are accessing a Service for which:
(a) a prize is to be provided by a third party other than Digicel (such as radio promotion by Radio Station, company promotion, etc);
(b) the Promotion, Competition or Game promotes a third party; or
(c) a third party retains some revenue share from the Promotion, Competition or Game,
Then that third party shall be liable to provide prizes as promised and liable for any claims, issues or damages which may occur as a result of the Promotion, Competition or Game run by that third party, regardless as to whether this is run over the Digicel Network. You acknowledge that Digicel is not liable to provide the prizes and is not liable for any claims, issues or damages which may occur in connection with the Promotion, Competition or Game.
3. No refunds will be offered in connection with any SMS that is not received by us or not sent correctly in accordance with the Service requirements. Should you believe a refund is warranted or should you have any issues or complaints regarding the Services please contact our Customer Care Service.
4. By using the Service, you warrant that:
(a) all information submitted by you is true, current and complete;
(b) you have legal capacity to access the service and agree to the Rules (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract).
5. Digicel accepts no responsibility in connection with any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure, relating to the Service.
6. Digicel’s liability for any claim, damage, costs or any loss in connection with the Service or with a Game, Competition or Promotion, is limited to refunding to you any amounts received by Digicel from you in connection with the Service or with the Game, Competition or Promotion (as the case may be).
7. By subscribing to the Service you warrant that the information which you submit does not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libelous, defamatory, obscene, indecent, harassing or threatening. If relevant, Digicel reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
8. You may at any time opt-out of a Subscription Service by texting in specified opt-out codes to a specified number depending on the Game/Promotion/Subscription service used. This shall be clarified in the Specific SMS Game / Promotion terms and conditions.
9. Promotions, Competitions and Games are not open to Employees of the Company or Companies providing the Promotion, Competition or Game nor is it open to the nuclear families of those Employees.
10. The Promotion, Competition or Game, and the terms and conditions of this Agreement are governed by the laws of Papua New Guinea and any litigation which may occur shall be adjudicated by the courts of Papua New Guinea.
11. For specific Services relating to Games, Competitions or Promotions please see specific competition advertising Terms and Conditions for:-
a. commencement and closing date for the Promotion;
b. prize description;
c. where you may redeem your prize.
d. how and when prize-winners will be informed; the manner in which the prizes will be awarded;
e. when the prizes will be awarded;
f. how prize-winner information may be obtained;
g. the identity of the party running the competition and responsible for the prizes.
h. for national awards, any applicable Free Alternative Mode of Entry which may be applicable;
i. any alternative prize that is available (if applicable);
j. any supplementary rules which may apply (if any);
k. limitations on entries or specific terms and conditions to the particular Game or Promotion (if any);
l. age, location or other eligibility restrictions (if any);
m. costs to be paid by you should you win the prize (if any); or
n. criteria for judging entries (if any).
12. By participating in the Game, Competition or Promotion, you acknowledged that:
(a) the advertised Terms and Conditions apply to you; and
(b) to the extent you rely on the Service to participate in the Game, Competition and Promotion, these SMS Service Terms and Conditions apply to you.
If there is a conflict between these SMS Service Terms and Conditions and any advertised Terms and Conditions, these SMS Service Terms and Conditions shall prevail.
13. Competitions, Games and Promotions may be extended due to a disruption caused by unforeseeable events such as power outages and technical problems encountered. Events and extensions may only be extended to the extent of the unforeseen event and any disruption or extension must be made known to the public.
14. Winners will be disclosed and prizes collected by a maximum of 28 days from the closing date unless a lesser period is defined in promotional material.
15. Privacy: We may collect personal information about you for the purpose of providing the Service to you. You acknowledge that we may use your personal information for the purpose of the Game, Competition or Promotion, including announcing the identity of the winner of a Game.