Terms and conditions

Vodafone live! application

By downloading and installing the embeddable and executable software application (“Vodafone Live! application”) and using it to display content from Vodafone Live! (“Vodafone Live!”) on your mobile device you agree to the terms set out below (the “Terms”).

1. Licence

1.1 Vodafone grants you a non-exclusive licence to download and use the Vodafone Live! application to display Vodafone Live! on your mobile device only.

1.2 All rights including intellectual property rights in the Vodafone Live! application and Vodafone Live! remain the property of Vodafone and its licensors.

2. Use of the Vodafone Live! application and Vodafone Live!

2.1 The Vodafone Live! application is for personal, non-commercial use only, and is only available to Vodafone customers resident in the UK.

2.2 Access to Vodafone Live! is subject to the Vodafone Live! website terms and conditions found at www.vodafone.co.uk/termsandconditions (“Website Terms and Conditions”) and by accessing Vodafone Live! you agree to the Website Terms and Conditions.

2.3 You may not copy, distribute, unzip, reverse engineer, decompile or otherwise disassemble the Vodafone Live! application or use any of its constituent elements in any way.

3. Warranties and liability

3.1 The Vodafone Live! application is made available on an "as is" and "as available" basis and you download, install and use the Vodafone Live! application at your own discretion and risk.

3.2 Vodafone has taken reasonable care to ensure that the Vodafone Live! application contains no inaccuracies, errors, viruses or defects; however Vodafone does not warrant that this is the case.

3.3 To the extent permitted by law, Vodafone gives no warranty of any kind (implied, statutory or otherwise) in relation to the Vodafone Live! application, Vodafone Live! or the Vodafone website and Vodafone shall not be liable for any loss or damage arising from or connected to the Vodafone Live! application or Vodafone Live!

3.4 Vodafone has no control over any third-party services available via Vodafone Live! and Vodafone may change Vodafone Live! at its discretion. Vodafone may withdraw or change the Vodafone Live! application at any time for technical, commercial, public interest or operational reasons. In the event that the Vodafone Live! application or Vodafone Live! is being permanently withdrawn, Vodafone will endeavour to advertise this with as much prior notice as reasonably possible. Depending on the reason for the suspension, withdrawal or change, it may not always be possible to give advance notice.

3.5 Vodafone may block use of the Vodafone Live! application if you breach these Terms or the Website Terms and Conditions.

4. Service Provider

4.1 The Vodafone Live! application has been developed and is provided to you by Vodafone Limited, Vodafone House, The Connection, Newbury, Berkshire RG14 2FN, Registered number 1471587, UK VAT Number 569953277 (“Vodafone” and also referred to in these Terms as “we” “us” and “our”). Vodafone is regulated by Ofcom or their replacement from time to time; for more information go to www.ofcom.org.uk.

5. Cost

5.1 Vodafone will not charge you to download and use the Vodafone Live! application offline. Standard data charges will apply when you connect to the Vodafone Live! WAP site or any third party site via the Vodafone Live! application. You will not be able to download the application when roaming abroad.

6. Your information

6.1 Vodafone’s usage of your personal information that you supply to Vodafone is governed by Vodafone’s Privacy Policy, which forms part of these Terms and which can be found at www.vodafone.co.uk/privacypolicy. PLEASE READ THE PRIVACY POLICY CAREFULLY – it deals with your rights and our obligations in relation to your personal data, including what Vodafone can do with it and to whom Vodafone may give it in certain situations.

7. Trademarks

7.1 The word or mark "Vodafone" however represented, including stylised representations, all associated logos and symbols, and combinations of any of the foregoing with another word or mark, are the trade marks of Vodafone or one of the Vodafone Group companies (the "Trade Marks").

7.2 You shall only make fair use of the Trade Marks and will not use them:

(a) as or as part of your own trade marks;

(b) in a manner which is likely to cause confusion;

(c) to identify products to which they do not relate;

(d) to imply endorsement or otherwise of products or services to which they do not relate; or

(e) in any manner which does or may cause damage to the reputation of any of the above-mentioned companies.

8. Getting help

If you have any enquiries or problems concerning the Vodafone Live! application, please contact Vodafone customer care on 191 from your Vodafone mobile (charged at the standard rate for your price plan) or on 07836 191191 from any other phone (charged at your telephone provider's national rate). You can also email us by clicking on "Contact Us" and completing the required form. You can also write to Vodafone Customer Care, Vodafone Limited, Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN.

Monitoring or recording of your communications may take place in accordance with the law, and in particular for Vodafone's business purposes, such as for quality control and training, to prevent unauthorised use of Vodafone's telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.

9. General

9.1 We may delay enforcing our rights under these Terms without losing them.

9.2 You agree that we may sub-contract the performance of any of our obligations or may assign these Terms or any of our rights or obligations without giving you notice. You undertake not to assign, re-sell or in any other way transfer your rights or obligations under these Terms.

9.3 We will not be liable to you for any breach of these Terms, which arises because of any circumstances that we cannot reasonably be expected to control.

9.4 The Contracts (Rights of Third Parties) Act 1999 does not apply to the agreement between you and us formed by these Terms.

9.5 If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

9.6 You acknowledge and agree that in entering into these Terms you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty. Nothing in these Terms shall, however, operate to limit or exclude any liability for fraud.

9.7 Vodafone reserves the right at all times to disclose any information as Vodafone deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

9.8 These Terms shall be governed and interpreted in accordance with English law and you and we both consent to the non-exclusive jurisdiction of the English courts.

9.9 The general terms and conditions of the Vodafone airtime service (or those of your service provider) and the terms and conditions of the Vodafone pay as you go service (as applicable) shall also apply when using the Vodafone Live! application if you have a mobile phone on the Vodafone network.