YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS.
These terms and conditions ("Terms") govern your access and use of all content, information, services and software provided on or through this site ("Site"). This Site is 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 ("User") of the Site.
1. Limited License
- 1.1. As a User of this Site you are granted a non-exclusive, non-transferable, revocable, limited license to access and use the Site and Content (as defined in paragraph 6.1) in accordance with these Terms. We may terminate this license at any time for any reason.
2. Your access to the Site
- 2.1. All quotations and orders made through the Site shall be subject to the terms and conditions of your agreement with us for the provision of mobile and/or IoT services including, but not limited to, the following: General Terms, Mobility Service Terms and the Service Specific Terms (Vodafone?s standard terms for direct customers are available on www.vodafone.co.uk/terms-and-conditions).
3. Your access to the Site
- 3.1. The Site is based in the UK but is accessible from those in and outside of the UK.
- 3.2. Access to the Site is limited to Users who have been appointed as an authorised user empowered to act on behalf of:
- 3.2.1. A direct business customer who has entered into an agreement with us for the provision of mobile and/or IoT services (a "Customer"); or
- 3.2.2. A partner which has a valid agreement with us (a "Partner"), including, but not limited to, a Partner Wholesale Agreement, which is in full force and effect with Vodafone (together the "Agreement").
- 3.3. You agree to provide true, accurate, current and complete information in all fields indicated as compulsory when registering for the Site. Following registration, you will be issued with a password to access the Site and any pages for which registration is required. You must not disclose your password or any access details to a third party. You are responsible for all actions that take place as a result of access to the Site via your password. It is your responsibility to ensure the security of your password and the device that you use to access the Site. A breach of these Terms by you will be treated as a breach by the Customer or Partner.
- 3.4. 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. You agree to notify us immediately of any changes to or mistakes in your registration details.
- 3.5. When registering for the Site:
- 3.5.1 The username you choose must not be obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property or proprietary rights of any third party; and
- 3.5.2 If we consider in our sole and absolute discretion that the username selected by you is inappropriate, we reserve the right to reject and prevent your use of such username at any time with or without notice to you.
- 3.6. We may change your password and username from time to time and we will notify you of any changes by using the contact details that you have provided to us.
4. Your use of the Site
- 4.1. We do not represent or warrant that the Site or its Content will be error-free, accurate, up to date, reliable, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. We may make improvements and/or changes to the Site or the Content at any time.
- 4.2. The Partner, You, and any persons you allow to use the Site or Content, are not allowed to:
- Copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer, link to, reverse engineer or decompile (except to the extent expressly permitted by applicable law) or otherwise make available the Content and/or the Site or any part thereof except as set out in these Terms.
- Include or create links (including deep-links) to or from the Content and/or the Site
- Replicate the Vodafone homepage or create a separate border around any part of the Site or its Content (also known as "framing").
- Use the Site and anything available from the Site for illegal purposes or in breach of any applicable laws, statutes and regulations or codes of practice
- Use the Site or Content in any way that is offensive, abusive, indecent, defamatory, libellous, obscene, menacing, or that causes annoyance, inconvenience, needless anxiety or that is intended to deceive
- Harass, stalk, threaten, impersonate or otherwise violate the rights of others including rights of privacy
- Hack into, make excessive traffic demands, probe or port scan other computers, deliver viruses, mail bombs, chain letters, or pyramid schemes or otherwise engage in any behaviour intended to inhibit other users from using and enjoying the Site or any other website.
- Collect and process others' personal data except in accordance with applicable data protection law.
- Advertise or offer to sell goods or services.
- Infringe any other person's intellectual property rights, including copyright.
- Use the Site to harvest or collect information about users of the Site or to post or otherwise distribute unauthorized or unsolicited advertising, junk or bulk email (also known as "spam").
- Use the Site or the Content in any way that we in our sole and absolute discretion consider objectionable, inappropriate, likely to injure our brand and reputation or otherwise unacceptable.
- 4.3. The Partner and You are responsible for any misuse of the Site or Content, even if it is by another person using your access to the Site, whether authorised or not.
- 4.4. Your access and use of the Site and any information and services provided by us as part of or via the Site is subject to these Terms (which include any pricing, directions and guidelines provided by us on the Site from time to time) without modification by you. By accessing the Site you accept that you are bound by the current Terms of the site at the time of your access. You should therefore check these Terms each time you use the Site.
- 4.5. 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 Site, to block or suspend your access to the Site 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 Site 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 Site or for any good faith but wrongful removal of third party material.
5. Price and Delivery
- 5.1. The price of items purchased via the Site shall be the prices advertised on the Site at the time of purchase or in any additional terms and conditions and may include Value Added Tax and any other applicable tax at prevailing rates from time to time, plus delivery costs.
- 5.2. Payment for any item purchased pursuant to these Terms must be made in accordance with the terms of your Agreement.
- 5.3. The price of any item purchased pursuant to these Terms is fixed at the date of purchase. Future purchases shall be subject to prices prevailing at that time.
6. Intellectual Property Rights
- 6.1. All copyright, trademarks, 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 Sites ("Content") is either owned by us or has been licensed to us by the rights owner(s) for use as part of the Sites. You are only allowed to use the Sites 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.
- 6.2. You may copy the Content in an unchanged form for private use on your own device if and to the extent that such copying is required for the proper use of the Site or the Content and such copying is permitted by the copyright owner.
- 6.3. You shall not be entitled in respect of any Content (wholly or partly):
- To pass it on to third parties or to allow third parties to access it unless and to the extent expressly permitted.
- To change, edit, modify, reformat or adapt it in any other way.
- 6.4. You should notify us immediately if you become aware of any unauthorised use or copying of any Content or any part of the Site or any unauthorised access to or other unauthorised activity in connection with the Site. You hereby grant us a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us by email or otherwise on the Site as we see fit and without notice to you, unless you have indicated otherwise in such communication.
7. Limitations of Liability
- 7.1. This Site and its Content are provided on an ?as is, as available? basis. We expressly offer no warranties on the accuracy, fitness for a particular purpose nor non-infringement of the Site, the Site and the Content. We accept no responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of or in any way related to (i) any errors in or omissions from this Site, the Sites and the Content, including, but not limited to, technical inaccuracies and typographical errors, (ii) third party communications, (iii) any third party sites or content therein directly or indirectly accessed through links in this Site, (iv) the unavailability of this Site and any of its Sites, or (v) Your use of this Site.
- 7.2. We shall not be liable for any loss, injury, claim, liability or damage of any kind resulting from the use of this Site, the Sites and its Content. We shall not be liable for any special, direct, indirect, incidental, consequential damages resulting from, or arising in connection with the use of this Site, the Site or the Content.
- 7.3. We shall not be liable for any mistakes made by the Customer in using this Site, for example, a mistake whilst placing an order for a product or service.
- 8.1. You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach of these Terms by you.
9. Rights to benefit from Terms
- 9.1. The provisions of paragraphs 7 (Limitations of Liability), and 8 (Indemnity) are for the benefit of us and our officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- 10.1. Subject to paragraph 10.2, you and we will keep in confidence any information of a confidential nature obtained as a result of the use of the Site and will not disclose that information to any person other than their employees or professional advisers (or, in the case of us to the employees of Vodafone Plc group companies or their suppliers).
- 10.2. Paragraph 10.1 will not apply to:
- Any information which has been published other than through a breach of the Terms.
- Information lawfully in the possession of the recipient before the disclosure took place.
- Information which a party is requested to disclose which, if it did not, it would be required by law to do so.
- We may delay enforcing our rights under these Terms without losing them.
- 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 are not permitted to use this Site and/or place an order for a product or service for which you do not hold a valid Agreement.
- In the event that your agreement with us, or the Agreement, is terminated for any reason, you shall no longer be permitted to use the Site.
- You undertake not to assign, re-sell or in any other way transfer your rights or obligations under these Terms.
- 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.
- You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or use of this Site.
- Vodafone is regulated by the Office of Communications (?Ofcom?), the regulator for the UK communications industries, with responsibilities across television, radio, telecommunications and wireless communications services or their replacement from time to time. For more information on Ofcom, please go to their web site by clicking here.
- The Contracts (Rights of Third Parties) Act 1999 does not apply to the agreement between you and us formed by these Terms.
- These Terms (and, where applicable, the relevant additional terms that you accept as part of the registration process for the Site) form the entire understanding between you and us concerning your use of the Site and supersede all previous agreements relating to the Site.
- 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.
- 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.
- 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.