In these Terms and Conditions, ‘you’ and ‘your’ means the customer (you). ‘We’, ‘our’, ‘us’ and ‘Vodafone’ means Vodafone Fiji Limited. By ‘Services’ we mean the wireless network services on the Vodafone network in Fiji available to you, subject to the Plan you have chosen as noted overleaf. ‘Equipment’ refers to the modem, related accessories and software (to enable the procurement of the Services) which has been provided to you, free of cost but subject to these Terms and Conditions and the terms noted overleaf. The ‘Contract’ refers to the entire contract between you and Vodafone including the contract terms printed overleaf and these Terms and Conditions. A ‘month’ refers to number of days in a  given month(Calendar Month)

1.1       These Terms and Conditions govern the provision of the Equipment and Services to you by Vodafone.

1.2       You agree that:-

(i)        the Equipment is provided to you free of cost subject to the conditions that the contract term will be for a period of consecutive period of 24 months (‘the Contract Term’) from the date of provision of the Equipment to you; that you will purchase $25.00 (VIP) of recharge data (‘Minimum Monthly Recharge’) every month during the Contract Term; and the Minimum Monthly Recharge will expire 30 days from date of recharge;

(ii)         You will be required to pay for the depreciated value of the Equipment if you terminate the Contract prior to expiry of the Contract Term and have not returned the Equipment within the Notice Period OR if you do return the Equipment within the Notice Period but it is not in proper working condition;

1.3        Vodafone may amend these Terms and Conditions at any time and any such amendments will be applicable to all customers.

2.1          You acknowledge and agree that the Services may not be available from time to time as a result of a number of factors including capacity constraints, electromagnetic interference, adverse weather conditions, excessive Vodafone network use, equipment failure, your location, during maintenance activities or due to other circumstances.

2.2          Vodafone is not liable to you or any other person for:

(i)            any cost, loss or liability (including injury, death, loss of profit or other consequential damage) arising out of Vodafone’s supply or failure to supply the Services including as a result of suspension of the Services, any act, omission or negligence of Vodafone: and

(ii)           the content or context or confidentiality of communications made over the Services and Vodafone is hereby deemed indemnified by you against any liability it may incur as a result of any defamatory or other unlawful comments made by you by use of the Services.

 

                You hereby agree that the Network Service Contract is only between you and Vodafone and that you may not assign your rights and obligations to a third party provided however, Vodafone may assign its rights and obligations.

 

4.1          Vodafone shall provide you with the Equipment in packaged form after the date of execution of this Contract and upon approval by the credit vetting department of Vodafone.

4.2          The type, brand and model of the Equipment provided are deemed to have been agreed upon by you. Vodafone shall inform you of the approximate normal retail cost of the Equipment as at the date of execution of the Contract.

4.3          You agree that the title to the Equipment shall remain with Vodafone for the duration of the Contract Term and that you will have no ownership, property or rights in the Equipment and shall hold the Equipment as bailee of Vodafone. You must not part-with, sell, dispose of or gift the Equipment to a third party during the Contract Term.

4.4          You are responsible for the acts and omissions of third parties utilising the Equipment and Services, whether or not authorised by you. 

4.5          If the Equipment is lost, stolen or otherwise the subject of unauthorised use you must notify Vodafone in writing immediately; and until notification is received by Vodafone, all Services provided or accessed as a result of the unauthorised use of the Equipment are deemed to be provided to you and to your account.

4.6          Provided you have purchased the Minimum Monthly Recharge every month during the Contract Term, and complied with the provisions of the Contract, the title to the Equipment will be deemed to have passed from Vodafone to you on the expiry date of the Contract Term.

4.7          Vodafone will have the right to recover the Equipment from you at any time during the Contract Term or demand the return of the Equipment, the terms of which demand you agree to comply with, in the event of breach by you of any term or condition of this Contract, including if you do not purchase the Minimum Monthly Recharge for use with the Equipment in any month. You will be liable for any costs incurred by Vodafone for recovery of the Equipment, including but not limited to legal costs.

4.8          Notwithstanding anything to the contrary, any software included in the Equipment is licensed (or sub licensed) to you only for your use of the Services.

You agree that:

 (i)           $25.00 per month is the minimum amount of recharge required in order to continue with this Contract.

(ii)           Accumulated value of $25.00 from a preceding month will not qualify as the Minimum Monthly Recharge.

(v)          Any recharge denomination value except for value of $25.00 will not be allowed towards satisfaction of the Minimum Monthly Recharge requirement.

(vi)         Data acquired through purchase of the Minimum Monthly Recharge must be used as it has 30 days expiry from date of recharge.

 (vii)       Vodafone may send you an alert message on certain days; this message will remind you to recharge monthly with $25 for activation in order to avoid barring of account and exercise by Vodafone of its other rights.  Notwithstanding, Vodafone undertakes NO responsibility for sending such alert messages.

(viii)       If you fail to recharge by 30 days from date of recharge , then a grace period of 10 days may be allowed to you, within which you may recharge and not be deemed to be in default of the Contract, this data will expire at end of month  in which it was purchased. If you still fail to purchase the Minimum Monthly Recharge within the grace period, then you will be deemed to have defaulted in your obligations under this Contract, Vodafone will exercise its right to terminate this Contract  and you must then return the Equipment, on demand, to Vodafone in proper working condition, if the Equipment is not in working condition, then you must pay the depreciated value of the Equipment (as determined by Vodafone) plus the Minimum Monthly Recharge which was required to have been purchased by you for preceding month(s) but which you failed to purchase (eg. 2 months will amount to $50.00 required to be paid to Vodafone).

6.1          You agree that your personal information will be used by Vodafone for obtaining information from other credit providers or credit agencies for assessing your creditworthiness. You agree that a credit reporting agency may provide to Vodafone a

 

 

            Warranty on Equipment

7.1          Warranty case is an event of failure or malfunctioning of equipment or its part excluding the following conditions:

(a)          mechanical damage (including unintentional) caused by misuse, by usage of unoriginal parts, or by servicing or modification of Equipment performed by parties other than the authorized service centre;

(b)          defects caused by violation of operating instructions provided in the documentation provided with the Equipment;

(c)           defects caused by normal wear of Equipment or aging of its parts during the Warranty Period (defined hereunder):

(d)          defects caused by computer viruses;

(e)          defects caused by usage of software, accessories or other parts that are not approved by the manufacturer; if the Equipment was used after a defect has been discovered; inappropriate repair or maintenance;

7.2          The basic warranty period is effective starting from the date of commencement of this Contract and for a period of 12 months thereafter.

 

8.1          Vodafone may from time to time and without notice suspend the Services (and at Vodafone’s discretion, disconnect the Equipment) in any of the following circumstances:

(a)          during any technical failure, modification maintenance of the Vodafone network provided that Vodafone will use its reasonable endeavors to procure the resumption of the Services as soon as reasonably practicable, or

(b)          if you fail to comply with any term or condition of the Contract (including failure to purchase

Minimum Monthly Recharge

) until the breach (if capable of remedy) is remedied, or does, allow to be done, anything which in Vodafone’s reasonable opinion may have the effect of jeopardizing the operation of the Services. Notwithstanding any suspension of the Service under this clause, you shall remain liable for purchasing

Minimum Monthly Recharge

throughout the period of suspension unless Vodafone at its sole discretion determines otherwise.

(c)           if in Vodafone’s reasonable opinion, your usage of the Service is unusual or excessive or you have breached the Acceptable Use Policy including intellectual property rights of a third party, to which Vodafone has been alerted.

9.1          Generally (and without limiting the vast restrictions which may apply to your usage of the Services), you must not, use the Services for:-

(i)            Deceptive online marketing practices;

(ii)           Violation of any local Fiji law or regulation;

(iii)          Violation of the rights of any person or entity which are protected by copyright, trade secret, patent or other intellectual property or similar laws and regulations, including but not limited to the distribution of pirated products that are not authorized to be used by you;

(iv)         Introduction of malicious viruses or Trojans; or

(v)          Effecting security breaches or disruptions;

 

9.2          Vodafone’s Acceptable Use Policy for use of the Services is available on the Vodafone website at www.vodafone.com.fj and by using the Services it is deemed that you have read, understood and agreed to comply with it.

          Exclusion of Liability

The use by you of the Services including any content you may obtain through or on the Services is at your own risk and Vodafone will not be under any liability in respect of any loss or damage (including consequential loss or damage) however caused (whether negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of the provision by Vodafone of the Equipment and the Services under this Contract.

 

You agree to indemnify Vodafone and keep Vodafone indemnified for any liability and all loss and damage of any kind whatsoever (including indirect special or consequential loss or damage) caused by or arising directly or indirectly from your use of the Services or your breach of any term of this Contract in any way.

 

You agree that any official communications required to be sent to you by Vodafone will be via email to the address nominated by you in this Contract. Vodafone may send you important information about the Contract to the nominated email address. You are responsible for the maintenance of your email account and any changes to it must be notified to Vodafone immediately. Requisite amendments to your email details will be processed by Vodafone within 48 hours of notification.

 

13.1        This Contract is governed by the laws of the Republic of Fiji. The parties submit to the exclusive jurisdiction of the Courts of the Republic of Fiji. Normally, in the first instance an attempt will be made to settle any dispute arising by negotiation without recourse to the Courts.

13.2        Without prejudice to Vodafone’s right to recover monies owing to it by you under this Contract, in the event of any charge alleged to be in dispute, you agree to pay all charges informed to you pending an investigation of the charge or charges so disputed by you.

13.3        Tariffs and charges may be modified by Vodafone from time to time without your consent and of which you will be deemed to have been informed upon placement of advertisements in the local media by Vodafone.

13.4        You acknowledge and agree that any variation to this Contract inconsistent with the provisions herein purported to be made by a partner dealer or any third party is not enforceable or recognized by Vodafone.

13.5        No failure to exercise and no delay in exercising any right, power or remedy under this

Contract

will operate as a waiver.  Nor will any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.

13.6        If by virtue of operation of any law, any clause herein subsequently becomes void, illegal or unenforceable, that clause or provision only will be deemed to be severed from this Contract without affecting the validity of the remaining provisions of this Contract.