These are the general terms and conditions ("Terms") governing your access and use of the content and services offered to you on this internet site ("Site") (whether accessed by you on the web, by WAP or on a PDA) (collectively, the "Service" or "Services"). This Site and the Services are operated by or on behalf of Vodafone Limited, Vodafone Global Content Services Limited and/or Vodafone UK Content Services Limited (hereinafter referred to as "we", "us", "our" or "Vodafone"). Any reference to "you" and "yours" refers to you, the user of the Service. Vodafone's registered address is Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN, registered number 1471587, VAT Number 569953277. Vodafone is authorised to run a telecommunications system by the Secretary of State who granted Vodafone a licence dated 9th December 1993 under Section 7 of the Telecommunications Act 1984 for the running of the telecommunications systems specified in such licence.
The Service is based in the UK, aimed at UK residents and intended for access and use by UK residents only. Please see our website for details of our services in other European countries. The use of some of the Services may be restricted to certain customers or customer groups (for example, customers subscribed to the Vodafone network). You shall be informed about any such restrictions before or during subscription for a particular service. Your access and use of the Service and any information and services provided by us as part of or via the Service is subject to these Terms (which include any directions and guidelines given by us on the Service from time to time) without modification by you. We may change these Terms from time to time, provided such changes are reasonable and where possible, we will provide advance notice of major changes to the Service and any changes to the Terms and Conditions on vodafone.co.uk. By accessing the Service (with or without registering for the Service) you accept that you are bound by the current Terms on the Service at the time of your access. You should therefore check these Terms each time you use any of the Services.
Where a third party service or content provider ("Provider") is identified as providing a particular service or application forming part of the Service then you may also be contracting directly with such Provider and your access to and use of that service or application may be subject to additional terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms to the extent they are applicable.
Your contract with us shall begin upon the earlier of you:
We suggest that you print out and keep a copy of these Terms for your records. These Terms shall apply to all of the Services.
In addition to these Terms, there may be terms and conditions which apply to individual Services which you will be required to accept when registering for that Service.
If you have any enquiries or problems concerning this Service, please click on Help in this page. 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. Distance selling regulations
You agree to provide true, accurate, current and complete information in all fields indicated as compulsory when registering for the Service. Following registration, you will be issued with a password to access the Service and any pages for which registration is required. You are responsible for all actions that take place as a result of access to the Service via your password. It is your responsibility to ensure the security of your password and the device that you use to access the Service. Your account is to be used by a single user only and you will not allow simultaneous access using your password. You acknowledge that you are responsible for ensuring that no unauthorised access to the Service is obtained using your password and that you are liable for all such activities conducted through your account whether authorised or not. A breach of these Terms by anyone to whom you disclose your password will be treated as a breach by you.
In the event that your password becomes known to any unauthorised user you will immediately notify us of such failure or error. We reserve the right to change your password and account name at any time in our sole and absolute discretion and we will notify you of any changes by using the contact details that you have provided to us. You agree to notify us immediately of any changes to or mistakes in your registration details by amending them using the My Profile option.
For certain Services you may be required to choose a user name and a password. For any of the Services:
All copyright, trade marks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Services ("Content") is either owned by us or has been licensed to us by the rights owner(s) for use as part of the Services. You are only allowed to use the Services as set out in these Terms. If you wish to do anything else with any of the Content, you must first obtain the written permission of the owner of the rights in that material. All rights are expressly reserved.
We grant you a non-exclusive, non-transferable right to view and use the Service and the Content via your PC, mobile telephone or other access device for private, non-commercial purposes only and subject to your strict compliance with these Terms. You may copy the Content in an unchanged form for private use on your own PC, mobile phone or other access device if and to the extent that such copying is required for the proper use of the Service or the Content and such copying is permitted by the copyright owner.
You shall not be entitled in respect of any Content (wholly or partly):
You should notify us immediately if you become aware of any unauthorised use or copying of any Content or any part of the Services or any unauthorised access to or other unauthorised activity in connection with the Services. You hereby grant us a perpetual, irrevocable, royalty-free, worldwide licence to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us by email or otherwise on the Service as we see fit and without notice to you, unless you have indicated otherwise in such communication.
If you are a Vodafone customer, you may register for the "My Account" service on the Site. This will enable you to review the services that you have registered for, register for new services, view your bills online, update your personal details or cancel your registration should you so choose. You will automatically be registered for this Service whenever you purchase a phone on-line at vodafone.co.uk, unless you opt out of this Service. There is no additional charge for this Service, and itemised billing is provided free of charge. You will be able to access all of your bills for the last 12 months at any time (of which the last three months will be itemised). You can also register for this Service at any time. Some Services are not available to employees of corporate customers.
You, and any persons you allow to use the Service or the Content through your access to the Service, are not allowed to:
You are responsible for any misuse of the Service or the Content even if it is by another person using your access to the Service.
We reserve the right to remove, edit or refuse to post any material that you or other third parties place or attempt to place on the Service, to block or suspend your access to the Service and to take such other action as we in our sole and absolute discretion consider necessary to prevent or remedy any breach of these Terms. If you wish to notify us of any Content or third party material or activity on the Service that you reasonably believe is in breach of these Terms then you can do so. We are not responsible for any failure to remove, or delay in removing, any Content or third party material from the Service or for any good faith but wrongful removal of third party material.
We will also (in accordance with our Privacy Policy) co-operate with law enforcement and other relevant authorities with respect to any investigation or violation of network security and reserve the right to disclose any information (including personal data) derived from you as required by law or in the good faith belief that failure to comply with a legitimate request from a law enforcement agency would be likely to prejudice the prevention or detection of crime or the apprehension or detection of offenders.
Our usage of your personal information is governed by our Privacy Policy, which forms part of these Terms. PLEASE READ THE PRIVACY POLICY CAREFULLY — it deals with your rights and our obligations in relation to your personal data, including what we can do with it and to whom we may give it in certain situations.
Where any of our Services requires payment by you, the following conditions apply:
Where any of our Services enable you to download Content to a mobile phone, personal computer, personal digital assistant or other access device you must comply with the following conditions.
We reserve the right to impose limitations of our choosing on the amount of storage space, temporary or otherwise, that we in our discretion provide you for the storage of messages, pictures, video clips and other communications, but we have no obligation to store any such materials for you and will not be responsible if stored messages are lost or deleted. We recommend that you duplicate any data that you wish to keep in a secure storage facility.
Whilst we will use our reasonable efforts to ensure that messages, pictures, video clips and other communications are sent correctly to the intended recipients, we are not responsible for the delivery of these messages, pictures, video clips and other communications over third party telecommunications networks and we do not warrant and shall not be liable for any delay or failure to send, receive or process messages, pictures, video clips and other communications or the quality of the materials received. You accept and agree that messages, pictures, video clips and other communications may be manipulated, distorted, adapted, modified, stored or forwarded by others without restriction on Vodafone's network, Vodafone's web sites, WAP sites and the internet and Vodafone shall not be responsible or liable for such acts.
We reserve the right to suspend or terminate any message account that you have registered for or other storage facility for pictures or video clips where you remain inactive for any period of time chosen by us in our reasonable discretion (currently 90 days) or where we believe, in our sole and absolute discretion, that your message account or storage facility is being used to send any "spam " or any other form of unsolicited bulk communications, or messages which are obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property or proprietary rights or otherwise in breach any part of these Terms. If we intend to terminate or suspend your message account or storage facility due to inactivity (or if we decide to change the maximum permitted period of user inactivity) we shall use our reasonable endeavours to notify you in advance of taking such action. We recommend that you save copies of all emails or other data that you wish to keep on another storage device apart from the Service.
Unwanted messages, pictures, video clips or other communications may be sent to you which may give unauthorised persons access to information stored on your PC or mobile phone or may cause irritation or damage to your PC or mobile device. We accept no liability for any loss or damage resulting from the receipt of any messages, pictures, video clips or other communications from any third parties.
The Service is supplied to you on an "as is" basis and we make no warranties, express or implied, with respect to the Service and/or the Content whatsoever (including without limitation regarding their satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from error) unless specifically set out in these Terms. You recognise that the Service may, from time to time, be adversely affected by events outside our control, including, without limitation, congestion, network coverage, dropped connections, the performance of wireless enabled devices and the maintenance of a secure network connection.
We use our reasonable endeavours to ensure that the information within the Service is accurate at the time of its inclusion, but your access to the Service and any action you carry out on the basis of data or information you obtain from or via the Service (including any transaction you make with a third party for the supply of goods or services to you) is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result. The inclusion of links on the Service to third party sites not controlled by us does not imply any endorsement by us of such sites. The Service is provided to you through a variety of telecommunications systems and we are unable to guarantee error-free use or transmission of, or access to, any part of the Service.
Accordingly, we shall not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to the foregoing any losses in relation to:
If you are dissatisfied with any part of the Service or with any of these Terms, your sole and exclusive remedy is to discontinue using this Service, or where you have paid us for any element of the Service, to seek a pro-rata refund (subject to the Terms of the particular element of the Service) for the cost of that element of the Service which has caused dissatisfaction. You will not be entitled to a refund where we have suspended or terminated your access to the Service as a result of breach of these Terms by you. Nothing in these Terms shall act to exclude or limit our liability for death or personal injury, fraud or any other liability which may not by applicable law be excluded or limited. Nothing in these Terms affects the statutory rights of the consumer.
You acknowledge that we are unable to exercise control over the security or subject matter of third party content transmitted or accessible via the Service and we exclude all liability of any kind for the transmission or reception of illegal or unlawful content. The Services may be used by you to link to other web sites, resources and/or communications networks. We accept no responsibility for their content or services, or otherwise in respect of these. We endeavour to ensure the security of your communications; however your communications pass over third party networks over which we have no control. There is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to information stored on your PC or mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge. We accept no liability for any loss or damage resulting from your use of the Internet and/or third party web sites or content accessed via the Service.
You irrevocably agree to indemnify us and our Providers fully against and to hold us and our Providers harmless on demand from all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by us or our Providers as a result of any claim by a third party resulting from your use of the Service (or use of the Service by anyone who accesses the Service via your password) in breach or non-observance of these Terms. We shall notify you of any claim that we or our Providers receive and you hereby provide us and/or our Providers with full authority to defend, compromise or settle such claims and shall provide us and/or our Providers with all reasonable assistance necessary to defend such claims, at your sole expense.
You accept that you will be liable to Vodafone if you are in breach of these terms or allow others to use the Service in breach of these terms.
We may suspend the operation of the Service without prior notice:
If we suspend your access to the Service to investigate or prevent a potential breach of these Terms, these Terms shall continue to apply during such period of suspension and you shall remain liable for any charges payable by you during such period.
We may terminate your access to and use of all or any part of the Service:
If we terminate your access to the Service, we may delete all information, emails and data that you have stored on the Service. Therefore, we recommend that you save copies of all information that you wish to keep on another storage device apart from the Service.
If we terminate your access to the Service for material breach of these Terms (including non-payment of any sums due by you) then you shall remain liable for any such sums and for any other sums which you have contracted to pay prior to such termination, whether or not such charges relate to Services to be provided before or after such termination date and whether or not the charges are owed and/or payable to us or to our providers or collection agents.
Vodafone may withdraw or change the Services generally, at any time for technical, commercial, public interest or operational reasons. In the event that the Services are being permanently withdrawn by Vodafone, this will be advertised with as much notice as reasonably possible prior to the withdrawal of the Services. Depending on the reason for the suspension, withdrawal or change, it may not always be possible to give advance notice. Termination shall not affect the accrued rights and liabilities of either you or us.
You may end the Service at any time by following the instructions on the website or contacting us, as set out above. Termination of the Service will not affect your obligation to pay for Services used by you or any third party goods or services previously purchased using the Service.
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 or third parties (the "Trade Marks").
You shall only make fair use of the Trade Marks and will not use them:
It is your sole responsibility to satisfy yourself prior to using the Service in any way that it is suitable for your purposes and up to date. The Service and in particular, prices are periodically updated and you should check the Service regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the Service to ensure that you download the most up to date version of the Service.
We may delay enforcing our rights under these Terms without losing them.