Terms and conditions

 

TERMS AND CONDITIONS

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DIGICEL INTERNATIONAL

 

  1. THE SERVICE TERMS 

These terms and conditions govern the provision of third party services to you via the Digicel International website and mobile application (the website and mobile application hereinafter jointly referred to as the “Application”) by Prism Services Holdings Limited, with registered office located at 20 Micoud Street, Castries, St. Lucia, a wholly owned subsidiary of the Digicel Group and duly licensed to use the Digicel Brand (hereinafter referred to as “we”, “us”, “Digicel”). Digicel through its third party providers including Paymaster (Jamaica) Limited (Bill Pay), Ezetop Unlimited Company Limited t/a Ding (Top-Up), BlinkSky Limited (Digital Gift Cards), WorldRemit Ltd. (International Money Transfer) offers the services of Bill Payment, mobile Top-Up, Digital Gift Cards and International Money Transfer (jointly or severally referred to as the “Service”). The affiliates and third party providers are hereinafter, jointly or severally, referred to as “Merchants”.

Your use of the Application is subject to your acceptance of these terms and conditions (“Agreement” or “Terms”). Please read these Terms carefully as this is a legal agreement between you and Digicel governing any purchase and use of the Services, as well as your use of the Application. By using any of the Services you acknowledge and agree that you have read and understood these Terms as well as the terms and conditions for the Service and/or of the Merchants, and expressly agree to be bound by this Agreement.

The following documents and terms are incorporated into this Agreement and form a part of these Terms:

  • our Privacy Policy
  • any other terms and conditions of a particular service that are posted in the Application; and
  • any disclosures, limitations or other information provided with, or printed or posted on, any materials associated with the Services.

Digicel reserves the right to update, revise, amend or unilaterally change the terms of this Agreement or the information in the Application at any time without notice. When changes are made we will update these Terms and Conditions. It is the responsibility of the user to check the Application periodically for changes to the Agreement. Your continued use of the Services and Application following the notification of any modification to the Terms, constitutes acceptance of those changes.

If you object to any of the terms and conditions of this Agreement, or any subsequent modifications to them, or become dissatisfied with your use of the Applications or Services in any way, you shall immediately discontinue your use of the Applications and/or Services. No other remedy, legal or otherwise, is available to you.

If there is any conflict between the terms of this Agreement and the terms any Merchant then the terms of the Merchant will control.

  1. ACCESSING THE SERVICE

 

Registration & Account Information

In order to access the Services you must register as a member of the Application. You must provide us with accurate, complete and up-to-date information as requested on the registration form. You agree that the information supplied with your registration form will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information. All personal information you provide us as a member will be treated in accordance with our Privacy Policy.

 

If you are under 18 years of age, you must obtain a parent/guardian's consent prior to using the Application.

 

Once you become a member of the Application, you will receive a username and a Password. You are entirely responsible for all activities which occur under your username and Password, including unauthorised use of your or any other credit card. You must notify us immediately if you become aware of any unauthorised use of your username and Password. If you forget or lose your password, you should request a new password by visiting the 'Forgot your password' section on the sign in page. You also agree that you will only register in your own name. Each username and password must be used by a single user and is not transferable.

 

Please note that the sending of personal information over the internet may not be secure and can be intercepted by third parties or incorrectly delivered. You should not divulge personal information over the internet unless you are using a secure or encrypted communications technology.

 

We shall be entitled, but not obliged, to record all communications from, or instructions given by, you to us, or messages sent by us to you through the Application.

 

  1. THE SERVICES

We recommend that persons use the Service only for the benefit of people you know personally, such as family and friends. You should never use the Service to send requests or money to strangers.

Digicel reserves the right to modify equipment and software requirements as is necessary for it to continue or improve the provision of Services through the Applications.

Digicel reserves the right at any time to modify, suspend or terminate access to the Application or the Service (or any part thereof) with or without notice. We may also impose limits on the use of or access to any Service without notice or liability. You may not use the Service in violation of this Agreement or applicable laws, rules or regulations.

Digicel grants you a non-exclusive, non-transferable right to use the Services subject to your compliance with this Agreement.

International Money Transfer

While Digicel is pleased to be able to make WorldRemit Ltd. (World Remit) available to Digicel customers to conduct their international money transfer transactions, Digicel does not provide this product or service directly, and makes no representations, warranties or guarantees regarding your use of World Remit. Digicel provides links to third-party web sites as a convenience to our visitors. Digicel does not have control over linked sites and make no representations about any content, products or services available at these locations. Such sites may have different privacy, security and accessibility standards. When you access another website, we recommend that you review their terms and conditions, privacy and security policies as well as any other policies that may be provided therein.

  1. GENERAL PROVISIONS
    1. GENERAL TERMS OF USE. You are responsible for all actions that take place as a result of access to or use of any Service whether the access was made by you or by a third party using the Service. Use of our Application is free, however, any device you may use to access our Application is your sole responsibility and if you access the service through a mobile device, your wireless service carrier or mobile network operator's standard charges, data rates and other fees may apply which you are solely responsible for.

You acknowledge that compliance with these Terms is designed to minimise the risk of unauthorised use of the Applications and harm to you, Digicel or others, and therefore you are required to strictly adhere to these Terms. To the fullest extent permitted by law, you will be liable for any liability, loss, costs or damages to Digicel or any third party as a result of your failure to adhere to these Terms.

    1. ACCESS LIMITATIONS AND RESTRICTIONS. Access to the Services may be limited, delayed or unavailable during periods of peak demand, market volatility, system upgrades or maintenance, communication system problems, or circumstances beyond our reasonable control.  Digicel will not be held liable for any issues arising from these periods of interruptions.

 

    1. PROHIBITED USES. You expressly agree to use the Services and the Application solely for lawful purposes. You agree not to use any of the Services or the Application for any unlawful, abusive, or fraudulent purpose, including without limitation:
    • interfering with our ability to provide the Services to you or to other customers;
    • violating applicable law other than these Terms;
    • avoiding your obligation to pay for the Services;
    • using the Services other than for personal, consumer use;
    • intercepting any communication which is not intended for you;
    • sending any unsolicited commercial communication; or
    • submitting or exposing to any third party any material that infringes any third party’s intellectual property rights or violates the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or is otherwise objectionable in Digicel’s sole discretion.

Furthermore, you agree not to use the Services or the Application in any way that: (i) could damage, disable or overburden any Digicel server or facility, or the networks connected to any Digicel server or facility, (ii) interferes with any other party’s use and enjoyment of the Services, or (iii) could damage Digicel’s business, reputation or employees. You agree not to resell or commercialize any of the Services whether for profit or otherwise.

    1. DATA PROTECTION. Digicel will comply with all of its obligations under applicable data protection law with regard to relevant data in its possession relating to you. Data collected by us as part of the Services will be treated in accordance with our Privacy Policy and any Merchant terms. These documents set out how we use and protect the information you provide to us. We recommend that you read these documents carefully.
    2. PRIVACY OF INFORMATION. Any information you provide to us in our Application to access the Services shall be used in accordance with the Merchant’s and our Privacy Policy.

 

    1. PROMOTIONS. From time to time, Digicel, the Merchant or other third parties will run promotions on the Applications. These promotions will be subject to additional terms and conditions and such terms and conditions (including the closing date for any promotion) will be displayed clearly on the Applications. Digicel is not responsible for promotions run by the Merchant or any third party and you must make your own inquiries with the relevant service providers directly before availing of, and relying on, the terms and conditions of any such promotion. You shall avail of any promotion in good faith and not misuse any promotional code provided to you.

 

    1. THIRD PARTY SERVICES AND INFORMATION. Many of the products and services which may be offered for sale, from time to time on Digicel International or through services that we may offer you, are submitted, created or developed by third parties. Information about some of the products and services on the Application will be subject to specific restrictions concerning the persons to whom such information may be made available. Details of such restrictions are set out on the pages to which they relate and you should read those details carefully before proceeding to the rest of the relevant page.

 

We may receive fees and/or commissions from third parties for the sale goods and services displayed or made available on the Application, for advertising goods and services on the Application, or in connection with the amount of visitors  that leave the Application to go to a linked site. You acknowledge and consent to us receiving the fees.

 

    1. NO WARRANTIES. You expressly acknowledge that (a) your use of the Services, the Applications and any content therein is at your sole risk and (b) the Services, the Applications and all content are provided “AS IS” and “AS AVAILABLE” with no warranties of any kind. Digicel does not make any warranties, claims or representations to you or to any third party, whether express, implied or statutory, regarding the Services, Applications, content, including, without limitation, warranties or conditions of quality, performance, suitability, durability, title, non-infringement, merchantability, completeness of fitness for use for a particular purpose. All such warranties are hereby expressly excluded and disclaimed and you hereby waive and release Digicel from all such warranties of any nature. Access to and use of the Applications is at your own risk and Digicel does not represent or warrant that the use of the Applications or any materials downloaded from it will not cause damage to property, including but not limited to loss of data or computer virus infection.

 

Without limiting the foregoing, Digicel makes no warranty or representation that the Services, Applications or content will always be available, accessible, uninterrupted, timely, secure, accurate, complete, error free, free of viruses or other harmful components, or that any defects will be corrected. Digicel may choose not to provide Services to countries at its sole discretion. We do not authorize anyone, including but not limited to Digicel agents and employees, to make any warranties on our behalf and you should not rely on any such statements. Because some jurisdictions do no permit the exclusion of certain warranties, these exclusions may not apply to you. For the purposes of this paragraph, “Digicel” includes our parent companies, subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees. This provision will continue to remain in force after this Agreement expires or is otherwise terminated.

 

    1. TERMINATION OF SERVICE. Digicel may immediately suspend, cancel, modify or restrict the Services or your use of the Services, all without advance notice or liability, if:
  • you violate this Agreement;
  • Digicel has provided notice to you;
  • immediately upon breach by you of these Terms or where Digicel reasonably believes you are in breach of these Terms;
  • Digicel needs to perform maintenance on or upgrade the Services or Application, or the underlying infrastructure that enables you to use the Services or Application (you will not be entitled to claim damages for any such suspension or limitation of use); and
  • there is a determination by any governmental authority that the provision of any of the Services is contrary to any law, rule or regulation.

Digicel reserves the right, acting reasonably, to refuse to process or cancel any transactions following termination of this Agreement or suspension or withdrawal of the Services. Digicel is not responsible for any loss you may incur as a result of any transaction not being processed as part of the Services after termination of the Agreement or after any suspension or withdrawal of the Services.

    1. THIRD PARTY SERVICES AND INFORMATION. Digicel will not check the accuracy or completeness of the information or the suitability or quality of the products and services offered by third parties. You must review the Merchant and Service terms of the relevant service before entering into a transaction in relation to the Service.

 

    1. INTELLECTUAL PROPERTY. For the purposes of these Terms “Intellectual Property Rights” means all copyright, patents, registered and unregistered trademarks, registered and unregistered design rights, rights in databases and topography rights and other intellectual property rights, all rights to bring an action for passing off, all rights to apply for protection in respect of any of the above rights and all other forms or protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.

You may only download, use, view and display the Applications (and the Intellectual Property Rights therein) solely for the purposes of using the Services and in accordance with the terms of this Agreement. Save for where otherwise specified, the Intellectual Property Rights in, and contents of, the Applications are owned by Digicel or its licensors. Reproduction, copying, modification, alteration, or adaptation of part or all of the contents of the Applications (including any graphics or trademarks) in any form is prohibited without Digicel’s prior consent, other than that which you are authorised by Digicel to print or download for personal, non-commercial use.

You acknowledge that we are the owners or licensees of a number of trademarks including Digicel, and that the Merchant and any other third party providers are owners or licensees of their trademarks. Nothing herein contained shall be construed as conferring upon you any right, title or interest in said or any trademarks and copyright.  We reserve the right to change the Services or Application including withdrawing them completely. 

 

      1. SECURITY, MAINTENANCE AND AVAILABILITY. You agree, acknowledge and accept that electronic communications, the internet, telephone lines or SMS-based telecommunications media may not be secure, and communications via such media may be intercepted by unauthorized persons or delivered incorrectly. As a consequence, we cannot guarantee the privacy or confidentiality of communications via such media although we will put in place appropriate security measures to protect these methods of communications. You acknowledge and agree that these events may occur and that Digicel bears no liability when such events occur.

 

      1. INDEMNIFICATION. You agree to indemnify and hold Digicel, its Merchant, its suppliers, vendors, and their respective subsidiaries, affiliates, officers, directors, agents, partners, employees, and consultants, harmless from any claim or demand. This includes indemnification from reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Agreement or any law, or your violation of any rights of a third party.
      2. LIMITED LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DIGICEL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES AND THE CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO BILL PAY, TOP UP AND GIFT CARD DISTRIBUTION, RELATED PRODUCTS AND SERVICES, USER CONTENT, THIRD-PARTY SERVICES AND/OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF DIGICEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

THIS DOES NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR ANY OTHER MATTER WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE OUR LIABILITY. DIGICEL BEARS NO RESPONSIBILITY FOR USE OF THE APPLICATIONS AND/OR SERVICES IN CONNECTION WITH ANY UNAUTHORISED, ILLEGAL, FRAUDULENT, OFFENSIVE, VIOLENT, IMMORAL OR INDECENT ACTIVITY.

 

IN NO EVENT WILL DIGICEL’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED FIFTY DOLLARS ($50.00), WHERE FAULT LIES SOLELY WITH DIGICEL. NO RIGHT OF INDEMNITY EXISTS FOR YOU AGAINST DIGICEL. FURTHERMORE, DIGICEL WILL INCUR NO INDEPENDENT OR THIRD PARTY OR VICARIOUS LIABILITY IN RELATION TO THE FAILURE BY YOU TO ADHERE TO THE TERMS AND CONDITIONS CONTAINED AND REFERENCED HEREIN OR ON OTHER RELATED AND LINKED INDEPENDENTLY OPERATED WEBSITES BY THIRD PARTIES.

 

      1. SEVERABILITY. If, at any time, any provision of this agreement (or any part of a provision of this agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of this agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable). 

                             

      1. WAIVER. Any waiver of a breach or default of any of the provisions of this agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on our part to exercise or avail of any right, power or privilege operate as a waiver of any breach or default by you. 

 

      1. GOVERNING LAW. This Agreement is governed by and will be construed in accordance with the laws of St. Lucia, and the courts of St. Lucia shall have exclusive jurisdiction to resolve any disputes in connection with them.

 

      1. NOTICES. Save where expressly provided, any notice required to be given by us to you in connection with the subject matter of this agreement may be given by email or via the Applications. 

 

CONTACT INFORMATION. If you have any questions about this agreement or any complaints or require any assistance with the Applications or the Services you have purchased, we are always here to help.  Kindly contact us through the contact details here