TERMS & CONDITIONS
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. Material Terms and
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
1.3 Vodafone may amend these Terms and Conditions at any time
and any such amendments will be applicable to all customers.
2. Availability of
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.
3. Contract Not
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:
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.
may send you an alert message on certain days; this message will remind you to
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
6. Credit Vetting & Reporting on Default
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
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
(d) defects caused by
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. Suspension of Services
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. Unacceptable Usage of the Services
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
(ii) Violation of any local Fiji law or
(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
(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
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
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.
12. Notifications via Email
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
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.