- Agreement
These terms and conditions shall govern the relationship between Mossel Jamaica Limited
(hereinafter referred to as "we", "us", "our" and "the company") and the user hereinafter
referred to as "you", "your", "the customer) of mobile telephone service (hereafter referred
to as "Service(s)", "Digicel Mobile Service") and shall constitute legal and binding obligations
on the parties once we have accepted your application for the provision of mobile telephone
service. Your application form shall form part of these terms and conditions. Connection
and activation are subject to satisfactory risk assessment, credit rating and/or receipt of
of a deposit. The minimum deposit amount required will be determined at the sole discretion
of Mossel Jamaica Ltd.
These Terms and Conditions annul all prior understandings between you and us. By using
services, you have agreed to these Terms and Conditions.
We reserve the right to unilaterally change any of the terms and conditions of this Agreement
subject to noyifying you of such amendments. Such notification may be by way of advertement
in the national media. When we give notice to the main account holder, notice to all users
shall also be deemed effected. If service is used after notice of amendment, then it shall
be deemed accepted.
You and all the users under your account are jointly and severally liable for performing
all of the obligations under this Agreement.
This agreement is goverened by the Laws of Jamaica.
- Return Policy
You may return your digiSELECT package within 7 days of the date of purchase to the original
place of purchase if you have a technical problem with its contents for a full refund
provided that all contents are returned in reasonable condition.
- Rebate Policy
If you took advantage of the one-time offer to obtain a rebate for a non-GSM cellular phone
that meets specified requirements, you, in signing the rebate receipt, assume all liabilities
associated with the phone that was traded in and have indemnified Mossel Jamaica Ltd.
form any third party claims.
- Information Disclosure
We reserve the right to refuse any request for account information where we are unable to
verify that the requester is in fact the account holder, authorized contact or user of the
account. The company may however, disclose any information about you and your accounts:
- to any authorized personnel or third party;
- in response to credit inquiries;
- if the company, inits discretion, deems such disclosure necessary or desirable;
- pursuant to legal process or subpoena;
- if disclosure is necessary to protect the company's interests.
The company shall not become liable by reason of the giving of such information or of it
being inaccurate or incomplete. In addition, you agree that we may contact any person or
reference provided by you to verify accuracy of account details.
- Provision of Services
Our Services are provided by radio transmission and are therefore available only
within the range of our Network's base stations. Both quality and availability of our
services are affected by radio interference due to physical obstruction, atmospheric
conditions and by technical faults or other defects in the network.
- Digicel Mobile Numbers
Mossel Jamaica Ltd. has proprietary rights to any mobile number allocated to you. We
reserve the right at any time to alter or replace a mobile number allocated to you or
any other name, code or number whatsoever associated with our service.
- Mobile Telephone Directory & Caller ID
Unless indicated on application or otherwise specified in writing, our network may
allow the display of your telephone number in our telephone directory and on receiving
handsets.
- Security Deposit
|
- SIM Card
We claim ownership of all SIM Cards provided for service to our Network and they must be
returned to us, or anyone acting on our behalf, on request. Any SIM Card found defective
(through no fault of ours) will require payment for it's replacement, exchange or repair.
Any SIM Card found defective due to faulty workmanship or design may be replaced free
of charge, once returned within the warranty period spacified.
- Reporting Responsibility
Your handsets and SIM Cards are your responsibility. You must take every precaution to
keep them safe. You will immediately report and confirm in writing any loss, theft, damage
or unauthorized use of your equipment and/or SIM Card. You will remain liable for all
charges and costs related to and/or incurred by your SIM Card, including all costs related
with it's unauthorized use. If you have previously authorized someone to use your handset
and/or SIM Card and have subsequently withdrawn your authorization, you will continue to
be held liable for all charges and costs incurred by their use until we have been notified.
- Settling Disputed Charges
We should be advised of any disputed charge(s) that occur on an invoice. You will still
be held liable for non-contested charges on the invoice which are deemed payable by the
due date. We will investigate the disputed charge(s) and notify you of the results.
Non-payment of valid charges after investigations are complete may result in suspension
of service. If the disputed charge(s) are indeed errors, a credit of the amount disputed
will be applied to your account.
- Customer Obligations
By signing the application, you have consented to;
- provide valid proof of your identity that we deem acceptable;
- inform us in writing if any of your customer data has changed;
- only use company GSM-approved equipment and facilities with the Network and comply
with laws and regulations governing it's use;
- use the company's technology on terms specified by us when it is made available;
- follow our reasonable instructions related to your use of equipment, handsets
or services issued by us;
- immediately report and confirm in writing, if your equipment and/or SIM Card is
lost, stolen or damaged. We will replace your SIM Card but there may be a charge;
- comply with all reasonable requests by us, or others on oir behalf, particularly
in relation to the investigation of fraud or other offences or as required by law or
in legal proceedings.
Should the company deem it necessary to enforce its rights hereunder in any
legal action you will reimburse the company for all costs and expenses including
reasonable attorney's fees incurred as a result of such legal action.
- Suspension and Termination
- Exclusion of Liability
- Unenforceability
If any part of this agreement shall be deemed invalid, illegal, or unenforceable, the
validity, legality or enforceablity of the remainder of this Agreement shall not in any
way be affected or impaired.
- Claims
You shall indemnify and hold harmless the company against all claims for libel, slander
or infringement of copyright arising from any material transmitted or recorded over the
company's Network, claims for infringement of patent arising from, combining with or
using in connection with facilities of the company any apparatus and systems of the
customer and against all other claims arising out of any act or omission of the
customer in connection with facilities provided by the company.
- Customer Information
Digicel will send you information from time to time that is deemed relevant to you. If
you do not wish to receive this information you may notify Digicel in writing.
|