Vodafone Cloud

Vodafone Cloud

Please read these terms carefully. These terms are the terms and conditions which apply to your use of the Vodafone Cloud product, software, services and websites (the "Service"). By using the Service you agree to be bound by these Terms.

Description of the Service

Vodafone Cloud allows you to create an account, which provides you with the ability to back-up content and access it from multiple devices. Your account is allocated with a set amount of free storage capacity as notified to you on signing up to the service. Additional storage is available for purchase. The Service allows you to automatically or manually backup your files and share photos and videos via Facebook or email. If you share files on Facebook make sure you have set your Facebook privacy settings so you know the audience you are sharing your files with.

Can I use this Service?

Use of the Service requires compatible devices, internet access, and certain software. The Vodafone Cloud may require occasional updates and the Vodafone Cloud services may continue to change over time as we develop and add more features. We may ask you to accept updates and in order to continue receiving the most up-to-date functionality you will need to download these updates.

We may stop, suspend, or modify these services at any time without prior notice to you. Vodafone may also remove any content from the Service at our discretion.

Use of the Vodafone Cloud

We are giving you a non-exclusive right to download and use the Service on your equipment. You will need to check that the Vodafone Cloud is compatible with your device(s) before downloading. The intellectual property rights that exist in services and software are owned by Vodafone and Vodafone's licensors.

You agree to use the Service only for purposes as permitted by this Agreement and any applicable law or regulation. The content you upload is yours and we will only process it for storage and retrieval purposes. You are not allowed to use the Service for transmitting or receiving files which are illegal or which breach intellectual property rights. It is your responsibility to ensure you have the rights or permission needed to comply with these terms. Please do not copy, upload, download or share files unless you have the right to do so. You will be fully responsible and liable for any content you copy, upload, download or share using the Service. Explicit or illegal content can be flagged by any Vodafone Cloud user who receives it or any third party rights owner. Such content discovered on your account will be removed and made available to the relevant authorities. This will be done without prior notice to you.

We reserve the right to suspend, or cease providing the Service at any time for operational, regulatory, legal or other reasons with or without notice and shall have no liability to you should we choose to do so. We may terminate your use of the Service with immediate effect if you breach any of these Terms.

Our liability

The Service is provided on an "as is" and "as available" basis. We do not warrant that the Service will meet your expectations or requirements or that the Service will be uninterrupted or error free. If your device does not support relevant technology you may not be able to use certain services or access certain information on the Vodafone Cloud.

Vodafone shall use reasonable skill and due care in providing the Service, but does not guarantee that any content you may store or access through the Service will not be subject to unintentional damage, corruption, loss or destruction, or removal in accordance with the terms of this agreement. Vodafone does not accept responsibility or liability should any such incident occur. Users are solely responsible for maintaining appropriate alternate backup and protecting all uploaded content.

Vodafone does not claim ownership of the materials and/or content you submit or make available on the Service. However, by using the Service you consent and agree that Vodafone may collect, use, transmit, process and maintain information related to your account and any registered devices, for the purposes of providing the Service and any connected features.

Privacy

How we collect and use your information generally is explained in our Privacy Policy.

Security

You are responsible for safeguarding the password that you use to access this Service and are responsible for any activity using your account, whether or not you authorised that activity. You should immediately notify Vodafone of any unauthorised use of your account. You acknowledge that if you wish to protect your transmission of data or files to Vodafone Cloud, it is your responsibility to use a secure encrypted connection to communicate with the services.

Vodafone reserve the right to suspend, place a "read-only" restriction upon, archive or terminate anyone's account at any time, with or without cause, and with or without notice. Cause for such action include: (a) violations of this Agreement or any other policies or guidelines created for the Service; (b) a request by you to cancel or terminate your account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) unexpected technical or security issues or problems; (e) your participation in fraudulent or illegal activities; or (f) failure to pay any fees owed by you in relation to the Service.

Termination

You agree that any cancellation rights you have under the Consumer Protection (Distance Selling) Regulations 2000, or other laws which may apply to supplying storage services, will end as soon as we start to provide the storage services to you.

Vodafone may terminate your account upon prior notice via email to the address associated with your account if (a) you disconnect or are disconnected or barred from the Vodafone network (b) you request that Vodafone close your Cloud account or (c) you are a Pay as you go customer who has entered into a paid subscription for an increased storage allowance, but do not have sufficient credit on your account to cover the monthly subscription fee. The termination process is as follows: for 30 days your account will be entered into a "read-only" state.

Your account remains active and can be accessed as normal for the purposes of viewing/ moving/deleting/editing/downloading any existing content, but there will be no facility to upload any new content. An email will be to your default address informing you of that your account has entered into a "read-only" state which will contain instructions on how to re-instate your account. After 30 days your account will move into an archived state for a further 60 days. While archived your content will be stored but can only be accessed by contacting customer services to have the account re-instated. An email will be sent to your default account informing you that your account has entered into an archived state and contain instructions on how to reactivate your account. At the end of the archived period all content will be permanently deleted from our servers. You can get in touch with customer services through the contact us page on our site.

Any such "read-only" restriction, archiving, or termination shall be done by Vodafone in its sole discretion and Vodafone will not be responsible to you or any third party for any damages that may result or arise.

Cost

There is no charge to you to use this Service up to the allocated set amount of free storage capacity as notified to you on sign up. Additional storage is available for purchase. There are data charges for downloading the Service and uploading content to the Vodafone Cloud over the mobile network. The data consumption will form part of your data bundle or if you are an out of bundle browser you will be charged at the standard network rates. If you access the Service outside the UK then you may incur browsing, downloading and other data charges at the standard data rates for roaming.

You can choose whether to backup over Wi-Fi or the mobile network. We recommend doing your first backup over Wi-Fi as you may have lots of photos and videos stored on your smartphone which you would like to upload to the Vodafone Cloud.

Any fees paid by you before you terminate are nonrefundable, and termination of your account shall not relieve you of any obligation to pay any fees or charges due.

General

Nothing in this Agreement shall be construed to convey to you any interest, title, license, or similar resource used by you in connection with the Service.

You cannot reproduce, copy, duplicate, modify, sell, resell, rent or trade the Service (or any part thereof) for any purpose.

Changing the terms of this Agreement

We reserve the right to revise these Terms from time to time and the most current version will always be posted on our website. For material changes Vodafone may send an email to the primary address associated with your account notifying you of such. It is your responsibility to check the website and/or your primary email address for any such notices. By continuing to access or use this Service after revisions become effective, you agree to be bound by the revised Terms.

 

April 2013