Vodafone terms and conditions
I have read and agree to the following:
A, This agreement covers the SIM card and any services I use in my bundle. It doesn’t cover any mobile equipment, other than when I may need to make a payment for mobile equipment to Vodafone when this agreement ends. It is made up of the pay monthly airtime conditions, the charges guide for the bundle (as shown on the order form or welcome note) and any additional products or services I choose to use or take such as content services provided by other parties. I need to check my mobile equipment works with the other products or services I want to use.
B, This agreement is for the minimum period shown on the order form or in the welcome note. It starts when Vodafone connects my SIM card to the bundle shown and I may end it by giving Vodafone 30 days’ written notice. If it ends before the end of the minimum period (whether by me or Vodafone), I must pay immediately early termination fees. This applies when this agreement comes to an end in clause 11, except:
· If Vodafone ends this agreement by giving me 30 days’ written notice (clause 11a); or
· If I end this agreement due to a specific thing that Vodafone has done as detailed in clause 11b; or
· Because Vodafone is permanently unable to provide the services to me.
In these situations I don’t have to pay early termination fees. But, I may have to pay for my mobile equipment as described in clause 11d.
Content services end after the term stated in my order form or welcome note unless Vodafone tells me otherwise. If an inclusive (and not subscription) content service is provided for less than the minimum period (shown on my order form or welcome note) when the content services end it may become a monthly paid subscription unless I cancel it.
C, Charges. I’ll pay all charges (whether I use the SIM card or not), due under this agreement. The minimum price for the services provided under this agreement is the cost of all the bundle charges for the minimum period (plus any one-off upfront charges). I must pay by direct debit. Some charges are for out of bundle services. Charges for out of bundle or additional services may change from time to time so I will check your website if I want to know what they are. Charges for using the SIM abroad may be a lot higher than UK charges and I may be charged for receiving calls
D, Changing services and charges. Vodafone sometimes has to put up its charges or change the services during my agreement. If this happens, you will tell me beforehand (unless it relates to additional services or out of bundle services I don’t use regularly). I can read more about this in clauses 7 and 11 of the agreement. In particular:
· Bundle charges: Each April my bundle charges will increase by an amount equal to the RPI rate published by the Office for National Statistics in March. You will apply the RPI rate adjustment in my April bill following the publication of the RPI rate. If the RPI rate is a decrease, my bundle charges will not be reduced. If you increase my bundle charges above the RPI rate or more than once per calendar year I’ll have a right to end this agreement in line with clause 11 (b).
· Out of bundle charges. Vodafone may increase charges for out of bundle services and if the increase is to my material detriment, I’ll have a right to end this Agreement in line with clause 11 (b).
· Charges for additional services. Charges for additional services may change from time to time and may be outside of Vodafone’s control so I will check your website if I want to know what they are.
E, Lost or stolen mobile equipment. If my mobile equipment is lost, damaged or stolen, I’ll still have to pay all the bundle charges for the minimum period. If someone finds or steals my mobile equipment or SIM, I’ll have to pay any charges they incur until I tell Vodafone it’s been lost or stolen up to a maximum of £100 if I tell Vodafone within 24 hours from the time the mobile equipment was lost or stolen. If I tell Vodafone after 24 hours but within 5 days of the mobile equipment being lost or stolen I’ll have to pay any charges incurred up to a maximum of £500. If I fail to tell Vodafone within 5 days from the date that my mobile equipment is lost or stolen, I’ll still have to pay all of the charges incurred until the time I report it missing to Vodafone.
F, Making a payment for my mobile equipment. If this agreement ends before the end of the minimum period and I have to pay for my mobile equipment, Vodafone will have told me the original value on which the payment is based in the order form or welcome note. The payment will be 1/24 of the original value of the mobile equipment, less any up-front payment I make towards it, multiplied by the number of months left until the end of the minimum period. I’ll pay this as soon as Vodafone asks after the agreement ends.
G, Personal Data. Vodafone may use and share my personal information as described in clauses 13 and 14 and use information about the type of calls I make to analyse the service Vodafone provides and for marketing purposes.
H, Upgrades. If I request an upgrade or a renewal of my agreement with you and you agree to this, I will need to agree to a new minimum period (in addition to any remaining minimum period of my existing agreement at the time of upgrade) and I’ll need to pay the new charges applicable to that agreement. You will discuss this with me when I am eligible to upgrade or renew my agreement.
Pay monthly airtime conditions
What we mean
We, our or us - Vodafone Limited.
You or your - the customer whose name appears on the order form or welcome note.
Additional services - are optional services which are provided by third parties and/or Vodafone which are charged in addition to your bundle allowance and out of bundle services and which may be cancelled at any time. Examples of additional services include but are not limited to Vodafone EuroTraveller, Vodafone WorldTraveller, Vodafone Extras and non–inclusive content.
Agreement - these conditions, the bundle and the charges guide and any terms and conditions for any other products and services you choose to take out.
Charges - charges for services, as published in our charges guide or which we otherwise provide. These include the monthly bundle charge (billed for the month ahead unless we say otherwise), usage charges or charges for out of bundle services or additional services (billed after use) and any other charges for the services provided to you or someone using your SIM (for example, charges for voicemail and itemised billing).
Charges guide - the terms and charges for your bundle. Available in our stores and on our website at vodafone.co.uk/terms. We update this every so often.
Content service pass - a virtual pass to access content services as part of your bundle.
Early termination fee - a fee which represents the outstanding amount payable by you for the remainder of your minimum period at the time of termination (which may include outstanding charges) and any applicable administrative charges, less any discount we may apply. Further details on how to calculate early termination fees are set out in your charges guide.
Minimum period - a period of time shown on your order form or welcome note, which begins when we connect your SIM to the bundle you have chosen.
Mobile equipment - your mobile phone, tablet or other equipment and the SIM used to access our services.
Network - the electronic communications systems we use to provide the services in the UK.
Bundle - the package of services you have chosen to receive as shown on the order form or welcome note. We update this every so often.
Bundle charge - the minimum monthly amount we charge you for the bundle you have chosen.
Out of bundle charge - any charges for out of bundle services .
Services - the communications service you receive through the network, additional services, out of bundle services and other services we may provide to you.
Out of bundle services - those services from third parties which are charged in addition to your inclusive bundle allowance. Examples of out of bundle services include additional UK minutes, texts or data used outside of your bundle allowance, premium rate services, calls to call forwarding numbers, using your mobile equipment while travelling abroad and to call people who are not in the UK, directory enquiries services. Please check the pay monthly charges section of our website for current pricing before you use out of bundle services, this can be found at vodafone.co.uk/pmcharges.
RPI rate: The most recent Retail Price Index annual percentage published by the Office for National Statistics. We will publish this rate on our website Vodafone.co.uk.
Welcome note - the letter or email we send you when you join or upgrade with us.
2 Your agreement period
a) Unless we tell you otherwise, we’ll continue to supply you with the services included in your bundle until we or you end this agreement in line with clause 11. If this agreement ends before the end of the minimum period (whether by you or us), you must pay an early termination fee. This applies when this agreement comes to an end in clause 11, except if:
· we end this agreement under clause 11a; or
· you end this agreement under clause 11b; or
· we end this agreement because we are permanently unable to provide the services to you.
b) Unless we tell you otherwise, any content services included in your bundle start at the same time as the minimum period, regardless of when you start to use the content service pass, and end after the term set out in the order form or welcome note. If a content service included in your bundle is provided for less than the minimum period when the content service ends it may become a monthly paid subscription unless you cancel it.
c) If you request an upgrade or a renewal of your agreement and we agree to this, you’ll need to agree to a new minimum period (in addition to any remaining minimum period of your existing agreement at the time of upgrade) and you’ll need to pay the new charges applicable to that agreement. We will discuss this with you when you are eligible to upgrade or renew your agreement.
3 Services and coverage
a) We will provide the services to you with reasonable skill and care that is expected of a mobile telecommunication provider. However, due to the nature of mobile technology, there are a number of reasons why it’s impossible to provide a fault-free continuous service, these include:
i. you move your home location into an area with no or poor network coverage;
ii. weather conditions;
iii. damage to our network infrastructure and base stations including moving or removing base stations;
iv. the number of people using the network at any one time;
v. when roaming, using a different network operator that does not offer the same level of service or network coverage as us; or
vi. other factors outside our reasonable control such as new buildings and structures being erected between you and our base stations, the thickness of your property walls or a change of your mobile equipment.
b) If content services are included in your bundle we supply you with a content service pass. The content service provider will accept this pass in order to give you access to your choice of content.
c) The services and content services you enjoy in the UK may not be available when you’re abroad.
d) All of our bundles allow you to use our network to make and receive internet phone calls known as VOIP.
e) Any mobile equipment that we may provide to you to access our services may be locked to the network and there may be a charge to unlock your mobile equipment, please see our website for further details.
4 Using the services - the rules
a) It’s your responsibility to make sure you keep to this agreement, and you follow our instructions on using the services - even if someone else is using your mobile equipment.
b) You must never use your mobile equipment or the services for anything we might consider to be abusive, illegal, fraudulent, or a nuisance.
c) You’re not allowed to sell all or any part of the services to anyone else. The services must only be used for your personal non-commercial use.
d) We’ve allocated you a phone number on our network. This number does not belong to you. We may need to change your phone number or other number. We will let you know if this is the case.
e) The SIM card, and the software within it, belongs to us and we license it to you so you can use the services. We may change your SIM or tell you to return it at the end of this agreement. If you need a replacement SIM, we may charge you the going rate in our most current charges guide.
f) If you use your mobile equipment to browse the internet or use content services, we accept no responsibility for any content or services you access.
g) You must only use mobile equipment which is approved for connection to the services.
a) You must pay any charges for the services within seven days of the date on your bill. You must pay your bill by direct debit. VAT will be included if it applies.
b) If you owe us any money beyond your due date set out in your bill, and you do not have valid reasons for disputing the payment, we may charge you interest. We charge interest daily at the rate of 2% above the base rate of Barclays Bank each year. We may charge you reasonable administration costs as a result of you paying your bill late or failing to pay it.
c) If you do not pay any bill by the payment due date within the first three months of the minimum period, we may place your mobile equipment on a blacklist or remotely disable your mobile equipment so that it cannot be used on any network within the UK, except for making emergency calls. We will give you reasonable notice before we do this. Once you have paid all charges due we will remove the mobile equipment from the blacklist or enable your mobile equipment as appropriate.
6 Losing your mobile equipment
If your SIM or mobile equipment is lost or stolen, you must tell us as soon as possible so we can stop someone else using it. You’re responsible for any charges incurred up to a maximum of £100 provided you have told us within 24 hours from the time the mobile equipment was lost or stolen. If you tell us after 24- hours but within 5 days, then you will be responsible for any charges incurred up to a maximum of £500. If you fail to tell us within 5 days from the date that your mobile equipment is lost or stolen, you will be liable to pay all of the charges incurred until the time you report it missing to us. You must also continue to pay all the bundle charges for the minimum period.
7 Changing charges, your services and terms
a) We may change or withdraw services at any time and we may change or introduce new terms to this agreement at any time. If we do, we will give you at least 30 days’ notice of these changes unless we believe such changes will not disadvantage you or which you don’t regularly use, if these changes are to your material detriment, you have a right to end this agreement in line with clause 11 (b) and we’ll tell you if you do.
b) We may change or introduce new charges for services (which may include charges for out of bundle or additional services) If we increase our charges, we’ll publish the changes on our website and give you at least 30 days’ notice by email, post, voicemail, text or other form of electronic message. However, we may not give you notice of such changes if they relate to out of bundle services or additional services which you do not regularly use or aren’t in the control of Vodafone (such as charges to directory enquiry or premium rate numbers).
c) We can increase your bundle charge or any other charge, if we are required to do so as a result of statutory instrument, government regulation or any new taxation which we need to pass onto you as a matter of law.
d) Each April your bundle charge will increase by an amount equal to the RPI rate published by the Office for National Statistics in March following the publication of the RPI rate. We will apply that RPI rate adjustment from your April bill. If the RPI rate is a decrease, your bundle charge will not be reduced. If we increase your bundle charges above the RPI Rate or more than once per calendar year you will have a right to end this Agreement in line with clause 11 (b).
e) Vodafone may increase charges for out of bundle services and if the increase is to your material detriment you will be able to end the Agreement early in line with clause 11(b) and we’ll tell you if you do.
f) We reserve the right to increase charges for additional service at any time by any amount. We’ll post the new charges for additional services on our website. If, following an increase you do not want to pay the new charge then you will be able to, unless otherwise specified under a related agreement, cancel the relevant additional service, or stop using it. For additional services we provide with a recurring subscription we’ll let you know at least 30 days before the additional services charges are due to go up.
8 Call/internet limit, deposit and part payments
a) We may set a monthly call and/or internet limit on your account. We may increase or remove this after carrying out a credit check. You may be able to go over your limit, but if this happens, you must pay all charges.
b) We may ask you for a deposit at the start of your agreement, if you increase how much you use the services or to remove a block from particular services. You can ask for a refund of your deposit at any time, but we may reduce your call and/or internet limit if you do. We can use the deposit to pay off any charges you owe us. When this agreement comes to an end, we’ll repay any deposit you’ve given us less any money you owe us. We will not pay any interest on any deposit we take from you.
c) If there’s a significant increase in your usage between bills, we may contact you and possibly ask for a part payment so you can continue to use the services.
9 Suspending our services
a) We can suspend or restrict your use of any of the services (other than emergency services) if:
· we believe your mobile equipment or the services are being used in a way we do not allow under this agreement;
· you have not kept to this agreement (for example, you fail to pay any charges when due);
· we have asked you for a deposit or part payment which you’ve not paid;
· you go over your call or internet limit;
· we believe that this agreement was entered into fraudulently or you got the use of any number, mobile equipment or services in an unauthorised, illegal, or fraudulent way;
· you tell us that your mobile equipment has been lost or stolen;
· you become bankrupt or make any arrangement with creditors or go into liquidation or an administration order is made or a receiver is appointed over any of your assets;
· you do anything (or allow anything to be done) which we think may damage or affect the operation of our network or services; or
· the emergency services tell us to, or a law or regulation is passed which means we need to do so.
b) We will try to tell you when we suspend or restrict your use, but we do not have to.
c) When we suspend or restrict your use, this agreement will continue and you still have to pay all charges due during any period when we suspend or restrict the service.
10 Credits or termination if there is a failure of the service
If we have to maintain our network or if there is a technical fault on our network that is caused by us, you may be entitled to a partial credit of your charges (based on the number of days you are without a service) or in certain circumstances where you receive a severely degraded service for an unreasonable period of time, terminate this agreement.
To receive a partial credit of your charges or terminate this agreement, you must report to us a disruption on our network which we reasonably assess that you use frequently, the disruption is severe and is assessed against your typical usage history. In addition, no alternative means of access to our network and services must be available to you (for example, using a Vodafone Sure Signal) for you to receive a credit or terminate this agreement.
11 Ending this agreement
a) Either you or we may end this agreement by giving the other 30 days’ notice in writing. Your notice must include your mobile number and your signature or appropriate security details. You must pay the charges during the notice period. You can stop using content services any time but you’ll still have to pay all bundle charges. You’ll need to check with the content service provider on how you end your agreement with them.
b) You may end this agreement by writing to us if:If Vodafone ends this agreement by giving me 30 days’ written notice (clause 11a); or
we don’t do something fundamental that we should have done under this agreement, within seven days of you asking us in writing;
you are unable to connect to our network or you receive a severely degraded service compared to the typical service coverage you receive for an unreasonable period of time as set out in clause 10;
we tell you that there will be an increase in the bundle charge above the RPI rate published in March of each year or we increase your bundle charge by more than once per calendar year and you write to us within one month of us telling you about the increase;
we change this agreement (excluding the additional services) to your material detriment. This includes (i) increasing out of bundle charges which we shall calculate (acting reasonably and based on regulatory requirements) to determine whether such increases are likely to be to your material detriment (including how often you use the relevant out of bundle service); or (ii) materially changing or withdrawing services. We will tell you if this is the case. You need to write to us within one month of us telling you about the material change, withdrawal or increase. This does not apply if this is a change to or withdrawal of additional services not included in your bundle, which we and you can cancel (or stop using) without ending this agreement.
c) We may end this agreement at any time by writing to you if:
· you do anything (or allow anything to be done) which we think may damage or affect the operation of our network;
· within seven days of us asking you in writing, you do not do something fundamental that you have to do under this agreement (for example, pay the charges when they are due); or
· we are permanently unable to provide the services to you.
d) When this agreement comes to an end:
· we will disconnect your mobile equipment from our network;
· you will have to pay immediately early termination fees you owe on the date we disconnect your mobile equipment from the network (including any charges for third party services such as content services). This applies when this agreement ends, except if we ended this agreement under clause 11a; or
· you ended this agreement under clause 11b; or
· we ended this agreement because we were permanently unable to provide the services to you
In these three situations you do not have to pay early termination fees. However, you may have to make a payment for your mobile equipment. We will let you know in your order form or welcome note if you have to make this kind of payment for your mobile equipment and will tell you the original value on which that payment is based. The payment will be 1/24 of the original value of the mobile equipment, less any up-front payment you make towards it, multiplied by the number of months left until the end of your minimum period. You will make this payment to us as soon as we ask after the agreement comes to an end.
12 Liability and exclusions
a) We are legally responsible to you if our negligence causes death or personal injury. We will not be legally responsible to you for:
· loss of income, profits or savings;
· loss or corruption of data;
· lost business or missed opportunities; or
· any loss or damage that is not directly caused by us or which we could not reasonably expect at the time we entered into this agreement with you.
b) We will not be legally responsible to you if we cannot provide the services because of something outside of our reasonable control.
c) Except for fraud or where our negligence causes death or personal injury, we will not pay more than £3000 or 150% of the charges in the previous 12 months, whichever is higher, for each claim or a series of related claims in connection with this agreement.
d) The terms of this agreement will not affect any rights which you may have under any law and which we cannot exclude under any agreement.
13 Personal information
a) We and our group companies may use your information to:
· manage your account, carry out customer-care activities and train our staff, including monitoring calls, emails or text messages that you send us;
· monitor the quality and security of the network and test and maintain our IT systems;
· analyse your use of the services for marketing purposes, including, but not limited to, the calls and messages you send and receive and your location at the time these communications take place, as well as your browsing history and use of our websites;
· send to the emergency services (if you make an emergency call), including your approximate location;
· contact you with marketing messages if you have not objected. These messages may include marketing from other organisations, but we will not pass responsibility for your information to these other organisations. If you do not want to receive marketing messages from us, please contact us through our website or by calling 191.
b) We do not include your details in any directory or directory-enquiry service. If you want to have your information included in these services, you should contact us.
14 Credit-reference and fraud-prevention agencies
a) You can ask us about how we use your details for credit checking and fraud prevention when you take out this agreement. We will also release, to credit-reference agencies, debt-collection agencies and fraud-prevention agencies, details of your agreement with us including any change of address, payments you make, account balances, missed payments, disputes and queries. We, and other organisations, may use this information to help make decisions about other credit applications made by you or other members of your household you are linked to financially and to protect both our business and our customers from fraudulent activity. We may also use any information we hold to trace debts and assess claims. If you don’t pay us in full, and on time, we may tell credit-reference agencies who will record the debt.
b) If false or inaccurate information is provided and fraud is identified, details will be passed to fraud-prevention agencies. Law-enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering, for example, when:
· checking details on applications for credit and credit-related or other facilities;
· managing credit and credit-related accounts or facilities;
· recovering debt;
· checking details on proposals and claims for all types of insurance; or
· checking details of job applicants and employees.
Please contact us at the address below if you want to receive details of the relevant fraud prevention agencies. We and other organisations may access and use, from other countries, the information recorded by fraud-prevention agencies.
a) We may transfer this agreement to anyone at any time. However, you can’t transfer this agreement to anyone unless we’ve agreed in writing beforehand. We will not unreasonably refuse this request.
b) If you or we fail to enforce our rights under this agreement, it will not prevent you or us from taking further action.
c) A person who is not a party to this agreement has no right to benefit under or to enforce any terms of this agreement.
d) When you use your mobile equipment, your number may be shown to the equipment being contacted. Your number will always be shown if you contact 999 or 112.
e) We’ll send you notices by post, voicemail, text or other form of electronic message and will assume for notices by post that you have received them 48 hours after we have sent them. We’ll send all bills and notices served by post, to the address you have given. You must tell us about any changes to your address. If you want to write or email us, please use the address shown on your bill. You can then assume we have received these notices 48 hours after you have sent them.
f) If you have a complaint, please contact us. We will do our best to fix your issues. If we can’t, you may i) ask that the matter is referred to an independent ombudsman under our Customer Complaints Code which is available on our website or by contacting us; or (ii) if you have an issue with goods or services bought online you can refer a dispute to the EC Online Dispute Resolution website at http://ec.europa.eu/odr. You or we may bring legal proceedings in a court in the UK to resolve a dispute under this agreement. Further information on this complaints process is available on our Website at http://www.vodafone.co.uk/ vodafone-uk/forms/complaints/#
g) This agreement is under English law, unless:
· you live in Scotland, in which case, it will be governed by Scots law; or
· you live in Northern Ireland, in which case it will be governed by the law of Northern Ireland.
Contact us by - Phone: 0333 3040 191
Registered in England number 1471587 at Vodafone House, The Connection, Newbury, Berkshire RG14 2FN.
Updated April 2016.
This agreement is also available in large print or in Braille. Call 03333 043 222 or email firstname.lastname@example.org for information about the accessibility of our products and services.
TERMS & CONDITIONS FOR YOUR NETWORK SUPPLY
a) "we" or "us" means the service provider named on the order form.
b) "you" or "your" means the customer named on the order form.
c) "mobile device" means your mobile phone or other equipment used to access the services and the SIM card.
d) "Services" means the basic service providing two way communication via the Vodafone Limited ("Vodafone") or O2 (UK) Limited ("O2") network (as chosen by you on the order form) and such other services as made available to you by us from time to time.
e) "SIM card" means your Subscriber Identity Module, which enables you to use the Services when used with a mobile device.
f) "Term" means an initial minimum period as shown on the front on this Agreement starting on the date of connection of your mobile device.
This Agreement will continue for the Term and thereafter. It can be brought to an end by either of us giving 1 calendar month's written notice to the other to expire on or any time after the expiry of the Term.
3. The Services
a) We aim to connect your mobile device to the Services within 5 days of the signature of this Agreement. Usually, however, we will connect your mobile device on signature of this Agreement.
b) We aim to provide you with the Services at all times, but owing to the nature of mobile telecommunications, it is impossible to provide a fault free service and the quality and coverage of the Services depends partly on your mobile device, partly on the Vodafone/O2 network (as applicable) and partly on other telecommunications networks to which the Vodafone/O2 network (as applicable) is connected. The Services might be adversely affected by too many people trying to use the network at the same time, physical features such as buildings and under passes and by atmospheric conditions or other causes of interference and may fail or require maintenance without notice. As maintenance for the Services is carried out by Vodafone/02 (as applicable) we do not provide maintenance services, but if you experience a problem with the Services, please call us on the number on the order form. Likewise as the quality of the Services is dependant upon things outside of our control, we do not provide service quality levels, but, again, if there is a problem with the Services, please call us on the number on the order form. Any coverage maps are our best estimate but not a guarantee of service coverage, which may vary from place to place.
c) We will use reasonable efforts to enable you to obtain access to networks in other countries. We call this "roaming". You should bear in mind that overseas networks may also be limited in quality and coverage. Access to overseas networks will depend upon the arrangements between the foreign operators and Vodafone/02 (as applicable).
d) When your mobile device is connected, it may have been programmed so that you may be barred from making international calls (other than to Eire) and from using overseas networks or making premium rate calls. If you want to have your mobile device unbarred, then you should contact us on the number on the order form. We may agree to remove this bar after making credit checks and we may ask you to pay a non interest bearing deposit as security against any monies you may owe us in the future.
e) In the interest of other users, we must limit the number and duration of messages that can be left on your voice mail service. Please note that confidentiality of messages cannot be guaranteed. You must not record an abusive or obscene greeting message, or one, which is likely to cause offence. You may not be able to use the voice mail service whilst abroad.
f) You must only use a mobile device, which is lawfully approved for connection. You must not use the Services for any improper or unlawful purpose. You must comply with any instructions we give you about the Services. You must not reverse the charges on any telephone call or accept a reverse charged call. These conditions also apply if you loan/give your mobile device to someone else.
g) The Services may be used by you to link into web sites, resources and/or networks worldwide. We accept no responsibility for the content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such web sites, resources and/or networks.
h) On connection of your mobile device (or at any time later on), we may set a credit limit on the amount of call charges you may incur during each calendar month (we call this a "Call Quota"). We shall give you prior notice, if a change is made by us to your Call Quota. If you wish to vary your Call Quota, you should contact us on the number on the order form. We may agree to vary the Call Quota after making credit checks and we may ask you to pay a non interest bearing deposit which we will be able, at any time, to use to pay off any call charges you owe us. At any time, you may ask for a refund of your deposit but this may result in us reducing your Call Quota.
i) As our billing system is not updated instantly when you make a call, you may exceed your Call Quota, but if this happens, you will still be liable for all call charges.
j) On connection of your mobile device we may ask for a deposit to be used as security. We will be able, at any time, to use the non-interest bearing deposit to pay off any charges you owe us.
k) Where there has been a significant increase in your call usage pattern, we may require a deposit to allow continued service. We may suspend your service if a deposit is not paid.
l) If you are a customer with special needs such as for example an elderly or disabled customer we are able to provide you with services and products geared towards such special needs. We also are able to provide you with information material in a special format (such as Braille, Audio or Large Print) as required by you. Please contact us to let us know which format you require.
m) We reserve the right to charge you a fee (details of which are available on request) to transfer your mobile phone number to another network or service provider.
a) You must pay to us the connection fee (a once only payment if applicable), the monthly (or other periodic) line rental charge (billed in advance or in arrears as we shall advise), the call charges (billed after the calls are made) and any other charges in respect of the Services provided to you or someone else using your mobile device e.g.charges for the voice mail service, itemised billing, etc. which will be billed as we shall advise. You must pay all these fees and charges within 14 days of the date of any invoice.
b) All our charges for the Services are stated in our tariff guide, which is available from us upon request. This may change from time to time and we shall write to you with details of any changes.
c) Please arrange to pay your bill by direct debit. We will consider accepting payment by other methods but we will then charge you an administration fee each month.
d) If you owe us any money, which not in dispute and this is not paid when it should have been paid, we may charge you interest daily on the unpaid amount at the rate of 2% per annum above the base rate of Barclays Bank from time to time. We may also charge you our reasonable administration costs incurred as a result of your late payment or non-payment of any money you owe us.
e) VAT (where applicable) will be added to all our charges.
f) We may arrange for invoices to be issued by a third party on our behalf. Invoices issued by such third party shall be binding on you and payment of such invoices in full to the third party will be a valid discharge of your liability to pay such invoices under this Agreement.
5) Loss of Mobile Device
Please insure your mobile device for its replacement value (including cover against calls made if it is lost or stolen). If you are unfortunate enough to have your mobile device stolen or if you lose it, please contact us immediately so that we can prevent further calls being made from it. You will be required to pay for all call charges up to the time you notify us and you will be liable for the monthly (or other periodic) line rental charges thereafter until this Agreement has ended as described in Clause 2 or Clause 8.
6) Suspension of the Services
We can suspend the provision of the Services without telling you:-
o If we believe your mobile device or the Services is/are being used in an unauthorised way or for criminal activities;
o If you are in breach of this Agreement (e.g. you fail to pay any charges when due);
o If we believe you are making calls or sending data which are a nuisance, abusive, a hoax, menacing or indecent (including to the operators who deal with enquiries concerning the Services, or making calls or sending data which is racist, obscene, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful, or you allow others to do these things);
o If your Call Quota is exceeded;
o If we are aware or have reason to believe that this Agreement has been entered into fraudulently or we are satisfied that fraudulent or improper use of your mobile device number is taking place;
o If you notify us that your mobile device has been lost or stolen;
o If you do anything (or allow anything to be done) which we think may damage or affect the operation of the networks;
o For reasons outside of our control.
In the above cases this Agreement does not come to an end and you are still liable for all monthly (or other periodic) line rental charges due during any period of suspension. Therefore, we recommend that you privately arrange insurance to cover any monthly (or other periodic) line rental charges you have to pay. However, if you are unable to use all of the Services for a continuous period of 3 days because:-
o There is a technical failure of the networks;
o They are being tested, modified or maintained; or
o Access is denied to us you will receive a credit against your monthly (or other periodic) line rental charge. The credit will represent that part of the monthly (or other periodic) line rental charge for the period of suspension.
7) Variation of Charges and Terms
a) We reserve the right to increase/decrease our charges from time to time and/or introduce new charges from time to time. If we increase/decrease our charges, we will give you at least 14 days' prior notice.
b) We reserve the right to make changes to these terms from time to time and to introduce new terms from time to time if there are changes to the law, or amendments to Vodafone's/02 terms and conditions (as applicable) due to changes to the licence under which Vodafone/02 (as applicable) operates its telecommunications network. We will notify you of any changes to these terms or new terms introduced.
c) It is unlikely, but we may need to change your voice mail number, mobile device number or other number from time to time. We will let you know if this is the case.
8) Ending of this Agreement
a) You may end this Agreement immediately by writing to us if:-
o we do not do what we have to do under this Agreement and do not put it right within 7 days of being asked in writing to do so;
o all of the Services are permanently no longer available to you;
o we increase the monthly (or other periodic line rental charge under clause 7a) and such increase (calculated as a percentage) is more than the increase in the Retail Prices Index Figure ("RPI", also calculated as a percentage) for the period from the month of the last increase (if any) to the month before we send the notice of the change in tariffs and you write to us before the increase takes effect. If we increase the monthly (or other periodic) line rental charge by more than the increase in the RPI we will tell you; or
o during the Term
i) we increase in the United Kingdom and under clause 7a, call or other usage charges which have the effect of increasing your call or other usage charges by more than 10% or the increase in RPI calculated as in 8a above (which ever is the greater) based upon your previous call or usage pattern;
ii) you write to us before the increase takes effect.
b) We may end this Agreement immediately by writing to you if:-
o you do anything (or allow anything to be done) which we think may damage or affect the operation of the networks or you become bankrupt or make any arrangement with creditors or go into liquidation or become subject to an administration order or a receiver is appointed over any of your assets;
o you do not do what you have to do under this Agreement (e.g. you fail to pay any charges) and do not put it right within 7 days of being asked by us in writing to do so; or
o all of the Services are permanently no longer available to you.
c) When this Agreement comes to an end:-
o your mobile device will be disconnected;
o you will no longer be entitled to use your mobile device number;
o you will have to pay immediately all charges outstanding at disconnection;
o unless you have ended this Agreement under clause 8 a) or in accordance with Clause 2 you will also have to pay the monthly (or other periodic) line rental charge for the amount of the Term which is left to run or if the Term has expired you will have to pay immediately the monthly (or other periodic) line rental charge for a further calendar month. If the Term has not expired and you pay us this money in one lump sum
immediately when this Agreement comes to an end, we will reduce the amount you have to pay us by 2%. You will be unable to have your mobile device reconnected until we release your electronic serial number; and
o we will repay any deposit you have given us but only if you do not owe us any money. No interest will be payable.
9. Liability and Exclusions
a) We will be liable to you if our negligence causes death or personal injury. In all other circumstances, we will not be liable for loss of profits or revenue, loss of use, lost business or missed opportunities, or for any loss or damage that is indirect and/or was not reasonably foreseeable at the time this Agreement was entered into. This does not affect your right to a refund of your monthly (or other periodic) line rental charge in the circumstances described in clause 6. There may be occasions when we are unable to provide the Services because of something outside of our reasonable control. We will not be liable to you if that is the case.
b) If you are a consumer, the terms of this Agreement will not affect any rights which you may have under any Act of Parliament and which cannot be excluded by agreement.
10. Your Information
a) We may hold and process data that you provide to us or that we may obtain from another source (such as our suppliers, marketing organizations or credit reference agencies) and through your use of our products and services. This information ("Your Information") may include: your name, address, date of birth, gender, mobile device and contact telephone numbers, email address, bank and credit/debit card information, occupation and employment data, lifestyle information, details of how you use our products and services which may include the numbers you call, the type, date, time, location, duration and cost of calls, messages or other communications, the addresses you send messages to (your 'call data', and information about your browsing activities when visiting one of our companies' web, WAP or similar sites, together with general information about the way you pay and manage your account. If you are a customer with special needs we may hold sensitive personal data about your health but only for the purposes of providing you with information, which we offer in a variety of formats and our special services.
b) We may hold and use Your Information for a number of purposes which include:-
o to process your applications and orders, and to supply and manage any services or products requested by you and/or which we may provide
o to administer and manage your account, to produce billing and other statements, and to provide customer care related activities (including the resolution of complaints)
o to carry out marketing and product analysis of Your Information and to develop and improve, and to tell you about, our and our group companies products and services, new developments, special offers, discounts and awards which we believe may be of personal interest to you. We may tell you by automated means or otherwise, including by post, telephone, mobile text message, email, fax, pager and via the world wide web, WAP and similar means subject to any preferences indicated by you on this application or subsequently. You can send an SMS to us on 9774 telling us for example "Stop SMS", "Stop email" or "Stop all" or write to us at the address found in clause 10 (i) or call customer care if you would prefer not to receive marketing information or if you would like to change your preferences at any time in the future. By initialling the front of this Agreement in the Summary section you approve of this process.
o to contact you about the products and services of carefully selected third parties which we believe may also be of interest to you, and allowing you to receive advertising and marketing information from them but without passing control of Your Information to the third party concerned. You can write to us at the address (clause 10 i) if you would prefer not to receive this information or simply call customer care.
o to carry out any activity or disclosure in connection with a legal, governmental or regulatory requirement on us or in connection with legal proceedings, and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders;
o to carry out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer.
o to carry out credit checks where necessary to help us decide whether to accept your application or future applications, to verify your identity and to protect our legitimate interests. This will involve searching information held about you by licensed credit reference agencies who will record details of our search and your application. We will use a combination of credit scoring and/or automated decision making systems when assessing your application. We will also pass on credit ratings to our dealers where this is appropriate.
c) We may disclose details to credit reference agencies or the Credit Industry Fraud Avoidance System (CIFAS) of your agreement with us, the payments you make under it, account balances and information about any default, dispute, queries and debts. We will also disclose details of any change of address reported to us or of which we become aware. The information supplied by us and held by credit reference agencies is used to help make decisions about other credit applications by you or other members of your household with whom you are linked financially; and to trace debtors, recover debts and to prevent and detect fraud. We may also check and share your details with fraud prevention agencies who will record details of any false or inaccurate information provided by you where we suspect fraud. Records held by Fraud Prevention agencies will also be used by other organisations to help them make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household, and to help prevent money laundering where applicable. You can ask us at any time for details of the credit reference and fraud prevention agencies to which we disclose and obtain information about you. More information about CIFAS can be obtained by visiting www.cifas.org.uk.
d) We may enter your name, address and telephone number in a publicly available directory enquiry service operated by us or by a licensed third party operator such as BT, but only where you have agreed to this. We also may pass such data to companies that maintain publicly available printed or electronic directories or World Wide Web based directories. Please contact us if you do NOT want us to pass on any such directory data. We may also pass your directory data on to BT or other directory companies who are required by law to contact you about their use for purposes other than providing directory services. Please be aware that it you choose NOT to be in a directory your data will be held on a database purely for the purposes of confirming that you are ex-directory.
e) We may share Your Information with our group companies (i.e. those companies that Vodafone Group Plc owns or controls at least 15% of the issued share capital), some of which are based outside the European Union, who may use or disclose Your Information for the same purposes.
f) We may also pass Your Information to certain third parties (some of which may be based outside of the European Union) where this is necessary or otherwise required or allowed, to:
o those who provide to us or our group companies products or services that support the services that we provide, such as our dealers and suppliers;
o if someone else pays your bill, such as your employer, that person
o agencies and organisations involved in the prevention or detection of fraud or crime or the apprehension or prosecution of offenders, including the operators and participants of crime prevention schemes in which we participate who may compare Your Information with information collected from other sources and who may keep a record of the searches we make against your name;
o anyone we transfer our business to in respect of which you are a customer or a potential customer and they may use and disclose Your Information for the same purposes as us.
g) If you wish to use our products or services abroad, for example, if you wish to roam on a network abroad, it may be necessary to transfer Your Information outside of the European Union to that country. Our web, WAP and similar sites and those of our group companies may also be based on servers located in countries outside of the European Union, whose laws may not protect you as well as that in countries within the European Union.
h) You have the right to obtain a copy of the personal information we may hold about you. Please write to the Data Protection Manager (SAR) Vodafone Limited, Vodafone House, The Connection, Newbury, Berkshire RGI4 2FN or send an email to email@example.com. Please provide proof of your identity, and confirm your telephone number and account number and briefly describe the information you
require. We may also charge £10 to cover our administrative costs.
i) If you wish to correct any inaccurate or incomplete information, to tell us of a change of address or to update any marketing preferences or directory enquiry entries then please write to us at: Customer Services, Vodafone Limited, PO Box 549, Banbury OX17 3ZJ. You must always quote your telephone number and account number for security purposes.
j) If you provide Vodafone with any information about any other individual it is your responsibility to ensure that that other individual is aware and has agreed to you passing on such information to Vodafone.
a) We reserve the right to transfer this Agreement to any third party at any time. You may not transfer this Agreement to anyone else unless we have agreed in writing beforehand and we shall not unreasonably withhold such agreement.
b) Failure by either of us to enforce rights under this Agreement shall not prevent you or us (as the case may be) from taking further action.
c) When you use your mobile device, the identity of your mobile device number may be sent through the networks so as to be identified to the phone being called. It may be used to divert calls to us for administration and for the investigation of fraud. You may be charged for any diversion. The identity of your mobile device number will always be sent if calling 999 or 112.
d) If the facility to eliminate the presentation of the number of an incoming call is made available, we may charge you for the use of such a facility at the price as stated in our tariff guide from time to time where we consider your use of such facility to be unreasonable.
e) For your own protection, you must keep confidential any lock code(s) associated with your mobile device, your voice mail access number, and any other personal identification password or security number. When choosing a password, you must not use words that are obscene or likely to cause offence.
f) We and Vodafone/02 (as appropriate) make every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control and although your communications over the air interface with our systems are encrypted providing a greater level of protection this cannot be guaranteed. Please also read carefully the instructions provided with your mobile device. Depending upon the manufacturer and model, your mobile device may send information stored on it and receive information to and from certain third parties without your knowledge. If you use your mobile device to access the Internet, please note that the Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to your mobile phone and the information stored on your mobile device. These programs may perform actions that you have not authorised, possibly without your knowledge.
g) If either of us needs to send notices to the other these must be in writing and can be delivered by hand or first class post to the other's address as stated on the order form and will be deemed to have arrived at their destination 48 hours after posting.
h) Monitoring or recording of your calls, emails or text messages may take place for our business purposes, such as quality control and training, to prevent unauthorised use of our telecommunications systems and to ensure effective systems operation and in order to prevent or detect crime.
i) We may charge you for inclusion of your information in any publicly available telephone directory or as part of any directory information service at the price as stated in our tariff guide from time to time.
j) The SIM card does not belong to you. We may change your SIM card. Your SIM card must be returned in good condition to us if we change it or when this Agreement comes to an end. You will have to pay for SIM cards or replacement SIM cards at the price as stated in our tariff guide at that time.
k) This Agreement is subject to English law. You may have the right to refer certain disputes to arbitration details of which are available from us upon request.
l) Except in the case of any permitted assignment of this Agreement under clause 11a), a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any clause of this Agreement.
Registered Address: Vodafone House, The Connection, Newbury, Berkshire RG14 2FN. Registered in England No. 1471587
PRICE PLAN TERMS & CONDITIONS
1) All prices include VAT, which will be charged where applicable, unless otherwise stated.
2) Prices and promotions are correct at time of going to press, but may change at any time. We will inform our customers of changes to their price plan in line with their airtime agreement.
3) Prices and information apply for pay monthly services where Vodafone Limited is the Service Provider. Other Service Providers may have different prices and terms.
4) Further details of charges are available on request or on our website www.vodafone.co.uk.
Your Connection with Vodafone
5) Connections include a SIM card and are subject to status and signature of an airtime agreement. The agreement will be for a minimum term of 12 months, during which time you must pay the monthly line rental and other charges. If you enter into your agreement on any day other than the first of the month then, for that month only, we will charge you a proportionate amount of line rental and you will receive the same proportion of inclusive minutes, texts, picture messages or browsing from your extras pack.
8) Itemised bills list all calls (including GPRS) and messages (picture and text messages) made. For new airtime agreements, this service costs £1.50 a month.
9) If you prefer not to set up a direct debit to pay your monthly charges, a monthly fee of £3.53 is charged.
10) If you are on a Vodafone Business price plan or on another price plan that you use for business purposes, you will be treated as a business user not as a consumer, even if some calls are made for personal use.
Calls from Your Vodafone Mobile
11) Daytime rates apply 8am-7pm, Monday to Friday. Evening rates apply 7pm-8am, Mon. to Fri. Weekend rates apply all day Saturday and Sunday.
12) All prices are for calls made from within the UK, excluding Isle of Man and the Channel Islands (except premium rated calls). Different charges apply to international, roaming & premium rated calls. Please visit our website www.vodafone.co.uk. Calls to Emergency services, customer care, Vodafone directory assistance, premium rate services, non-geographic numbers, international numbers and when roaming are not
included in inclusive minutes. Calls to non-geographic numbers are charged at the same rate as calls to UK landlines.
13) There is no charge for calls that are not answered, but in some cases charges are made by a network for recorded announcements.
14) The minimum charge for voice, WAP and data calls (GSM only) on Anytime and Evening & Weekend plans is 5p. The minimum charge for voice and WAP on Perfect Fit for Business price plans is 3.5p and 5p for a data call (GSM only). For all other pay plans the minimum charge for a voice or WAP call is 1p and for a data call (GSM only) 5p. The minimum call charge for a video call is 5p.
15) Calls are charged by the second, except some roaming, directory assistance and fixed fee calls. Individual calls are charged excluding VAT and rounded up to one tenth of a penny. The total of all calls and other charges on your monthly bill is then rounded down to the nearest penny and VAT added. Where you have two or more subscribers connected to a single billing account, the net of VAT charges are accumulated and VAT is calculated on the total sum. This total is then rounded down to the nearest whole penny.
16) When using Call Return (returning a call when directly within Vodafone Voicemail / Vodafone Mail Service), you will be charged for both the Vodafone Voicemail call and the Call Return call throughout the duration of the returned call. Call Return calls will be deducted from the bundle, where appropriate. The Call Return charge is calculated as the rate for that price plan, as if you had hung up and dialled direct for the returned call, less the voicemail charge. The minimum call rate on Call Return is the same as the Voicemail rate. Call Return calls to other mobile networks within the voice bundle of Anytime plans, as well as having the length of call deducted from the bundle, incur an additional
charge equal to the difference between the cost of the call to another network and the cost of a call to a Vodafone mobile.
17) You are not charged for receiving calls to your Vodafone mobile phone number unless you are roaming on a foreign network. You will be charged for the international leg of calls to your Vodafone mobile phone number received while you are abroad.
18) The charges for calls to your Vodafone mobile phone number from a fixed line or other mobile network are set by the other network operator. The standard charges made by BT for a call from a BT fixed line to a Vodafone mobile phone number are: Daytime (Mon-Fri 8am-6pm) 18.92p, Evening (Mon-Fri 6pm-8am) 7.29p and weekend (all day Saturday and Sunday) 3.98p. Total call charges are rounded and VAT added in accordance with BT's current policy. BT's minimum call charge is 5p. Different prices apply to BT discount schemes, BT Public Payphone calls, BT Chargecard cards and calls made via the operator.
Text Messages, MMS, WAP and GPRS
19) You are not charged for receiving text and picture messages, except for reverse charged messages and when roaming. Reverse charged messages should only be sent to you with your permission as part of a service you are buying.
20) A standard text message contains up to 160 characters. Some handsets allow you to send messages of more than 160 characters, in which case the message will be divided into the number of messages required to convey the message and each such message will be charged at the standard text message rate. Standard text message prices exclude premium rate, international, roaming, reverse charged and long text messages. Only standard text messages are included in price plans with inclusive text messages.
21) Using Vodafone MMS you can send long text messages, picture messages and video messages. A long text message, picture message and video message is limited to a maximum size of 100kb. If a message contains multiple media items you will be charged for the most expensive item in the message, for example, send a message containing a picture and video clip you are charged the video message price.
22) Prices for WAP internet calls are for calls made to the Vodafone WAP Gateway number 07836 900808.
23) To access WAP or the Internet by GPRS, you must be connected to a GPRS price plan. GPRS price plans (including one with no monthly charge) are available with all normal price plans. Anytime and Evening & Weekend plans include GPRS.
Try Me Bundles and Extras Packs
24) Try Me bundles will be subject to change at Vodafone's discretion.
25) Any unused elements of Try Me bundles and Extras Packs will not be carried over to the following month.
26) Only one Extras Pack may be included on a price plan. Once you have chosen an Extras Pack you cannot cancel it for six months, although you can switch to a larger Extras Pack at any time. After six months from choosing your first Extras Pack you can move to any size of Extras Pack or cancel your Extras Pack at any time.
International and roaming services
27) International and roaming services are subject to status. Roaming charges may vary according to the foreign network and exchange rates and may include minimum charges.
28) If you send a text message while abroad, you are charged a flat rate charge plus your normal rate or inclusive text message eligibility for that text message. If you send a picture message while abroad message you are charged 36p plus the GPRS roaming bearer charge.
29) If you use GPRS while abroad, the usage is not eligible for Extras Packs, Try Me bundles and GPRS bundles.
30) Charges for video calls start when the called party accepts the call, even if the call subsequently fails, therefore a failed call may be subject to a minimum charge.
31) Video calls on the Vodafone network are subject to Vodafone's 3G network coverage. Further information on 3G network coverage can be found at www.vodafone.co.uk/uk coverage or at any Vodafone retail store. For information on international availability of 3G visit www.vodafone.co.uk/going abroad.
32) Any unused Video Call minutes included within any bundles will not be carried over to the following month.
33) To access Vodafone live! pages the following APN will need to be used: wap.vodafone.co.uk
34) All Vodafone live! services offered free or under unlimited subscription are subject to our fair use policy. If, in the reasonable opinion of Vodafone, your use is excessive, we may ask you to moderate your usage. If after we have informed you to moderate your usage, you fail to do so, we reserve the right to charge you for the excessive element of your usage at your price plan's standard rate or to suspend or terminate your service in accordance with your airtime contract.
35) Mobile browsing charges apply when accessing non-Vodafone live! pages (charged in accordance with your price plan).
36) Please note that a fixed charge applies when you purchase Vodafone live! downloadable content (e.g. games, ring tones, wallpaper, video streaming, etc) and content subscriptions. This charge depends on the type of content and is specified on the payment screen prior to the purchase.
37) Where any content service is included within your monthly line rental, Vodafone may modify, supplement or withdraw this service on notice to you.
38) You are not charged for accessing Vodafone live! pages within the UK (excluding Isle of Man and the Channel Islands) using 3G and GPRS
(with the exception of Chat, Messenger and Vodafone Mail pages where your normal price plan applies - the icons £ and (£) indicate that mobile browsing charges apply). Fair usage policy applies as specified in section 33.
39) Roaming charges apply to all mobile browsing from abroad (including Vodafone live! pages, Vodafone Chat, Messenger, Vodafone Mail, video streaming and downloading), additional information can be found at www.vodafone.co.uk/going abroad.
40) If Vodafone Content Control prevents access to non-Vodafone live! pages, then you will incur a mobile browsing charge at your normal price plan rate for any data used in the attempt.
Vodafone Stop The Clock
41) Vodafone Stop The Clock is only available with an 18 month minimum term contract on an Anytime price plan. Vodafone Stop The Clock applies to all standard calls (Vodafone mobiles, other UK mobiles or UK landlines with a geographic STD code) made within the United Kingdom (excluding Isle of Man and the Channel Islands) that commence during our evening and weekend periods. All other calls are excluded,
e.g. calls to non-geographic numbers, such as 0845 numbers, premium rate numbers, video calls, data calls and voicemail/ Vodafone mail calls including Call Return.
42) A call that starts during our evening and weekend periods but then continues into daytime hours will be charged from the point the daytime period begins at the standard charge for your price plan for such calls. The first 3 minutes of a call that qualifies for Vodafone Stop The Clock will be deducted from your bundle or charged at the standard rate under your price plan for such a call as appropriate and then the next 57 minutes of that call are free. After this 57 minute period, if a call is still in progress the remainder of the call will be deducted from your bundle or charged at the standard rate under your price plan as appropriate.
43) If you start a call in a daytime period, which continues into an evening and weekend period, then Vodafone Stop The Clock will apply to the part of the call in the evening and weekend period, so that after 3 minutes of the evening and weekend period have elapsed the next 57 minutes of that call are free before charging starts again, if the call is still in progress.
44) If your call is cut off for any reason and you need to redial you will be treated as starting a new call.
45) Vodafone Stop The Clock may only be used for private non-commercial use and is not for resale, nor for non-voice services. All usage is subject to Vodafone's fair use policy. If, in the reasonable opinion of Vodafone, your use is excessive, we may ask you to moderate your usage. If you then fail to do so, we reserve the right to charge you for the excessive element of your usage at your price plan's standard rate and/or
to transfer you to the equivalent Anytime Price Plan without Vodafone Stop The Clock
Vodafone FamilyTerms and Conditions
1. For the purpose of these terms and conditions, customers who form a Vodafone Family group are called "Group Owners" and customers who are nominated as a member of a group are called "Group Members" or "Members".
2. Vodafone Family is available in two group sizes. A group of 4 costs £5 per month. A group of 6 costs £7 per month.
3. Pay as you Talk customers can become a Group Owner if they are on any of the following price plans: Smartstep, Smartplus, Anytime or Anynet
4. Pay Monthly customers can become a Group Owner if they are on any Consumer price plan launched on 1st May 2005 onwards.
5. If you are connected to an ineligible price plan, you will need to migrate to an eligible price plan before being able to take advantage of this service.
6. Vodafone Business customers cannot be a Group Owner. However, they can be a Group Member. Vodafone Business customers who are Group Members will not benefit from free calls to the Group Owner or other Group Members, but the Group Owner and other Group Members can call this Member for free.
7. Customers billed by any service provider other than Vodafone Ltd are excluded from becoming a Group Owner or Group Member.
8. Vodafone Family applies to voice calls to nominated Vodafone mobile phones within the relevant Vodafone Family group within the United Kingdom and Northern Ireland only and excludes roaming calls, video calls, calls to premium rate numbers, Vodafone voicemail and all data transfers (including text messages).
9. Vodafone Family calls are free, anytime, for the first 60 minutes only. From the 60th minute onwards, the caller's normal price plan charges will apply. Customers with Vodafone Stop The Clock or Free Weekend Calls promotions cannot benefit from these services after the 60-minute Vodafone Family call has expired.
10. In order to benefit Group Owners must register for Vodafone Family. You can register in any Vodafone store or participating retailer, visiting Vodafone family, or by calling 34444. Once registered your group will be able to call amongst themselves at no extra cost, once the group is activated, subject to these terms and conditions. Activation takes 2 hours. We will notify you and your Group Members once your group is active.
11. For contract customers the subscription fee for the service will be added to your bill. Should you register for or cancel the service mid month we will pro-rate the charge on your bill. Should you default on payment of your bill we will suspend your group until you make payment. In the event that this happens we will text you and your Group Members to inform them that they are now charged standard price plan rates.
12. Prepay customers can pay for their first month's subscription directly from their credit balance at point of registration, or by using a Vodafone Family voucher, which can be purchased from any Vodafone store.
13. Future monthly payments for prepay customers, will be taken each month from your credit balance. We will start trying to take payment for your subscription 3 days before the fee is due, to ensure payment goes through in time. We will send you a reminder message about this the day before we start trying to take payment. If you have insufficient credit to pay for your monthly subscription by the due date, we will suspend your group and calls between your Group Members will revert back to standard price plan rates. In the event that your group gets suspended, we will inform all your Group Members by text. We will then attempt to take payment over the next 30 days. If we are unsuccessful in taking payment for your subscription during this time, we will cancel your Vodafone Family subscription.
14. Calls between Group Members will not use up any inclusive minutes included in Group Owners or Members price plans.
15. Customers can belong to a maximum of 3 groups, including 1 as the Group Owner
16. We will inform your Group Members when they have been added to your Group. We will not inform them who your other Group Members are. It is your responsibility to inform them who the other Group Members are.
17. Calls between Group Members will be indicated on contract customers' itemised bills.
18. Group Members can remove themselves from a group at any time by replying with STOP to the text we send them, by texting STOP to 34444, calling 34444 or visiting www.vodafone.co.uk/vodafonefamily. We will inform you by text if they do this.
19. Group Owners can change the members in their group 3 times per month if they have registered for a Group of 4, or 5 times per month if they have a Group of 6. Group Owners cannot make changes to their group if they are barred or have had their Vodafone Family group suspended.
20. You can change your Group Members by calling 34444 or visiting www.vodafone.co.uk/vodafonefamily
21. Contract Group Owners can change the size of their group (either 4 or 6) a maximum of 3 times per month.
22. These limits will be reset on the 1st of each month for contract customers and on the subscription anniversary date for prepay customers.
23. Changes to group sizes for prepay customers will not take effect until the end of the subscription period. A pending group cannot be cancelled less than 3 days before the subscription is due.
24. Group Owners who are prepay customers cannot change the size of their group less than 3 days before their subscription is due.
25. Group Owners who are contract customers can change the size of their group at any point and the subscription fee will be pro-rated on their monthly bill.
26. If you remove a Group Member we will notify them that they are no longer part of your group. We will not inform your other Group Members. This is your responsibility.
27. All Members that have been removed from a group will be charged their standard price plan rates immediately.
28. If a Group Owner disconnects or ports from Vodafone to any other service provider we will cancel the relevant group automatically and notify Group Members.
29. If a Group Members disconnects or ports to another network we will remove them from the relevant group and notify the Group Owner by text.
30. Vodafone Family may only be used for private non-commercial use and is not for resale, nor for non-voice services. All usage is subject to Vodafone's fair use policy. If, in the reasonable opinion of Vodafone, your use is excessive, we may ask you to moderate your usage. If you then fail to do so, we reserve the right to charge you for the excessive element of your usage at your price plan's standard rate and/or to remove the Vodafone Family service from you.
31. Group Owners can cancel the service at any time by calling 34444, visiting vodafone family or calling Customer Care.
32. Prepay customers can choose to cancel their subscription at the end of their current subscription period or immediately (provided it is more than 3 days before their subscription anniversary date)
1. General: Vodafone Freedom Packs ("Packs") are available to Vodafone Pay as you go customers on Simply, Anytime, Anynet, Smartstep and Smartplus price plans. You can only have one Pack at a time. Packs are valid for 30 days. The date that the Pack is added to your account will count as the first day. It will run out at midnight on the 30th day.
2. Compatibility: During the 30 day period you cannot cancel your Pack, buy a new Pack, buy a Voice or Text pack and / or add Free Weekends or Text Unlimited to your account. Free Weekends or Text Unlimited will automatically be cancelled when you select and buy a Pack. Any outstanding rewards will be lost. Free Weekends or Text Unlimited will not be automatically added again when your Pack runs out. If you have a Voice and / or a Text pack you cannot buy a Pack until your Voice and / or a Text pack has run out. If you have Stop The Clock on your account when you buy a Pack you will not be able to use it until your Pack minutes are used up or until your Pack runs out.
3. Usage: Texts and minutes included in your Pack are for UK use only (excluding Isle of Man and the Channel Islands) to standard UK landline numbers (beginning 01, 02, 03), standard UK mobiles and voicemail. You will be charged at your standard price plan rate for any out of Pack use and / or if you use all your minutes or texts before your Pack runs out. Any unused minutes or texts will be lost when your Pack runs out. From 1 July 2010 a minimum of one minute will be taken from your Pack per call. After the first minute we will take each second of your call from your Pack.
4. Restrictions and Fair Use: Packs are non refundable, non transferable and are for private non-commercial use only. If you move from one Pay as you go price plan to another or move from Pay as you go to a Pay Monthly contract with Vodafone any unused minutes and texts in your Pack will be lost. All Packs that offer unlimited texts are subject to a fair use limit of 3000 texts per Pack. If you exceed this limit you will be charged at your standard price plan rate.
Please note: A Vodafone Freedom Pack lasts for 30 days and is not available with other tariffs or promotions. Pack mins and texts are used for standard UK landlines beginning 01, 02, 03, UK mobiles and voicemail. Packs are non refundable and non transferable. Terms apply - see vodafone.co.uk/freedompacks or call 2345.
1. Vodafone Passport is available to customers on all Anytime, Anynet, Smartstep, Smartplus and Simply price plans and all Business price plans.
2. In order to benefit you must register for Vodafone Passport. Once registered, a 75p connection charge applies to all calls made and received plus you will be charged for eligible calls at the same rate as your home price plan while abroad. A one minute minimum call charge applies. After which calls are charged in 30 second increments. For each call received that lasts more than 60 minutes, a 20p per minute charge applies from the 60th minute onwards. This is charged in per second increments. All charges include VAT, where applicable, unless otherwise stated.
3. Vodafone Passport is available in selected destinations and may be subject to change from time to time. Details of these are available at Going abroad
4. Vodafone Passport applies to voice calls made back to the United Kingdom or within the visited country and excludes calls to other countries, premium rate numbers and all data transfers (including text and picture messages). On Pay as you talk, daytime, evening and weekend rates are charged according to the time in the country you are visiting. If you are in a country where there is more than one time zone, you will be charged according to the time in the capital city. All Pay as you talk optional extras e.g. Vodafone Free Weekends, Vodafone Stop the Clock, Vodafone Family or Vodafone Text Unlimited do not apply to calls or texts made whilst abroad.
5. Occasionally, Vodafone UK may not receive details of your usage whilst abroad until several weeks after such usage occurs. Eligibility for inclusive minutes is determined when the details are processed, not when the usage occurs.
6. If your home price plan includes cheaper or free calls to mobiles or landlines within your business, these calls will be charged the connection fee plus usage of the inclusive minutes (if applicable). If you do not have inclusive minutes remaining these calls will be charged at the published Vodafone to Vodafone call rate for your price plan.
Vodafone Entertainment Terms and Conditions
The following terms apply to your purchase and use of the Vodafone Entertainment package:
- these terms for use of the entertainment package ("Terms");
- terms provided by the relevant content provider ("Content Provider Terms") included below; and
- your Price Plan, Airtime Conditions and Welcome Letter or Welcome Email ("Price Plan Terms").
If there is any difference between what is said in these Terms then the terms shall apply in the following order: your Price Plan Terms; these Terms and the Content Provider Terms.
- What is Vodafone Entertainment?
Vodafone Entertainment allows you to choose entertainment relating to music, sport and other content provided to you by third party content providers ("Content"). Vodafone Entertainment is available on a subscription basis and within various price plans. We provide you with the right to access the Content via the Vodafone network ("Services")
- Cost of Service
2.1 Where the Content is included as part of your Price Plan you can select one Content pack at no additional cost. We supply a virtual Content pass on a monthly basis throughout the period Content is included in your Price Plan and the Content provider accepts that pass to give you access to your chosen Content. The Content will automatically expire after the term specified in your Price Plan Terms.
2.2 Where the Content is selected as a monthly subscription the cost of the Content will be confirmed to you at the time of taking out the subscription. We supply a virtual Content pass on a monthly basis for the duration of your subscription and the Content provider accepts that pass to give you access to your chosen Content.
- Access to the Service
If you exceed any price plan data allowance when using the Content you will incur additional internet data charges. If you access the Content outside the UK then you may incur browsing, downloading and other internet data charges at the standard internet data rates for roaming. The Service is subject to network coverage, mobile equipment capability and the operating system installed on your mobile equipment.
- Ending the Service
Where selected as part of your 4G price plan the Service can only be cancelled in accordance with your Price Plan Terms.
4.2 Where selected as a monthly subscription
4.2.1 Before you activate the Service, you can cancel your monthly subscription during the first 14 days following the date you first registered for the monthly subscription ("Cancellation Period"). We'll reimburse you for any monthly subscription payments for the Service you have already made, provided the Service has not been activated.
4.2.2 After the Cancellation Period you can terminate your monthly subscription by contacting Vodafone at any time. The cancellation will take effect from the next monthly anniversary of the date you subscribed except where you cancel less than 48 hours before your next monthly anniversary date in which case cancellation will take effect from the following monthly anniversary. If you terminate your subscription you will not be entitled to any subscription refund.
4.2.3 To cancel or terminate your subscription either visit a Vodafone store or call 191 from your Vodafone mobile.
- Sky Sports Entertainment Package
5.1 You can choose Pack 1 as your content option as part of certain price plans. You can also choose to purchase either Pack 1 or the full pack as a standalone option on a monthly subscription basis or if you already have Pack 1 included under your price plan you can choose to upgrade to the full pack for an additional monthly subscription fee. If you purchase Pack 1 as a standalone option and wish to upgrade to the Full Pack we suggest you first cancel your Pack 1 monthly subscription and wait until your subscription has ended before subscribing to the Full Pack or you will be charged for both packs. You will not receive any refund for any overlapping subscription where you have paid for more than one pack.
5.2 The Service is for use in the UK only. The Service can only be accessed on the mobile equipment connected with your Vodafone account. If you change your mobile equipment then you can continue to use the Service on your new mobile as long as it uses the same mobile number on Vodafone.
- Spotify Entertainment Package
You can choose Spotify Premium as your content option as part of certain price plans. You can also choose to purchase Spotify Premium as a standalone option on a monthly subscription basis. The Service can be used on multiple compatible devices.
7.1 Third parties own the content of the products contained within the Vodafone Entertainment Package. The content is subject to change and we are not responsible for the content.
7.2 This Agreement is governed by English Law, unless (i) you live in Scotland, in which case it will be governed by Scots law, or (ii) you live in Northern Ireland, in which case it will be governed by the laws of Northern Ireland.
Registered Address: Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN, United Kingdom. Registered in England No. 1471587. July 2013
Sky Terms and Conditions
References below to "we", "us" or "Sky" mean British Sky Broadcasting Limited registered at Grant Way, Isleworth, Middlesex TW7 5QD under registration number 2906991.
These terms and conditions (the "Contract") set out terms on which we provide the Sky Sports Mobile TV service to you in accordance with your eligible Vodafone tariff. All payments for the Service are collected by Vodafone and your access to the Service is also subject to Vodafone's terms and conditions which are set out above.
For help with the functionality of the App or your login details you can contact Sky Sports Mobile TV customer service by telephoning +44 8442 411 531
Sky is not responsible for your mobile phone, the mobile network provided by Vodafone, the data services necessary to access the Sky Sports Mobile TV channels or collecting any subscription payments from you. Your separate contracts with them, including the terms and conditions set out above, cover these aspects ("Vodafone Contracts"). In order to use the Service, you will need to download the Sky Sports Mobile TV app (the "App") from your relevant App Store provider. You will need to set up an account to access the Service via the App. If you do not already have a Sky ID you will be able to create one by following the steps on screen. If you already have a Sky ID and password, you can sign in to use the Service with those details. The App/Service is only available on supported devices. If you change your handset or the software running on your handset, your new/updated handset may not be compatible with the Service and you may be unable to download the App or continue using the Service. The current list of supported devices can be found on the App description page within your relevant device application store.
By using this Service, you agree that we may use and share information we hold about you in accordance with Clause 6 below and Sky's privacy notice which can be found at http://www.sky.com/privacy.
If you download the App from iTunes the following important terms specified by iTunes apply:
"iTunes" means iTunes S.a.r.l (registered number: RCS Luxembourg B 101 120), whose registered office is at 8 rue Heinrich Heine, L-1720 Luxembourg. These terms and conditions are between you and Sky and not between you and iTunes, though separate terms may apply between you and iTunes. Sky and its licensors are solely responsible for the App/Service and its content. iTunes has no obligation to provide any maintenance and support services with respect to the App/Service. To the maximum extent permitted by law, iTunes will have no other warranty obligation whatsoever with respect to the App/Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App/Service to conform to any warranty are Sky' s responsibility.
iTunes is not responsible for investigating, defending, settling or otherwise discharging any claims by you or any third party relating to the App/Service (including any claims alleging that the App/Service infringes that third party's intellectual property rights or fails to conform to any applicable legal or regulatory requirement).
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
iTunes and Apple Inc., are each third party beneficiaries under these terms and conditions and shall have the right to enforce these terms and conditions against you as a third party beneficiary.
To the extent that the provisions of this section conflict with the remaining provisions of these terms and conditions the provisions of this section shall prevail.
1. The Service
1.1 The "Service" means the Sky Sports Mobile TV channel package option(s) we offer ("Option") and chosen by you. The Service enables you to access Sky Sports Mobile TV via the Vodafone network. You cannot choose individual channels within any Option.
1.2 The Service is variable. Sky may vary, replace or withdraw programmes, channels, content, and/or any facilities available on the Service without notice. All channels and programmes may differ from TV broadcasts and may be modified or made for mobile. We can vary or withdraw your Option. If we withdraw your chosen Option we will move you onto the nearest equivalent Option.
1.3 We may suspend the Service at any time to update the Service or for technical reasons.
1.4 The Service is subject to wireless internet connection, 3G and/or 4G coverage, handset capability and network availability. If the Service is suspended, interrupted or not available to you due to mobile network and/or wireless internet connection interruptions, we will not be responsible.
1.5 From time to time device manufacturers or the provider of the device operating system may impose changes that limit or restrict your use of the App/Service on that device. If this happens we'll try to notify you of these changes in advance, but as we have no control over these manufacturers and providers it may not always be possible to do so.
2. Information collected and/stored on your device
2.1 In order to use the Service you will need to download and install the App on your compatible device via your relevant app store provider.
2.2 When you visit a third party website via a link or banner ad from within the App, information will be automatically collected by us through the App to track the number of visitors to the relevant website. These statistics will be supplied by us to our third party advertising business partners.
3. Your use of the Service
3.1 You must ensure that your supported device meets (and continues to meet) the hardware, systems and software requirements for the App/Service as described at the time you download the App or any updates to the App.
3.2 You will not use the Service or any part of it other than for personal, non-commercial purposes in the UK.
3.3 You must not or authorise or assist any third party to:
(a) copy (except as permitted by law), redistribute or relay the whole or any part of materials included within the App or Service; or
(b) sell or make any charge for watching or using any part of the App or Service; or
(c) show any part of the App or Service in public to an audience, even if no charge is made; or
(d) use the App or Service for any improper or unlawful purpose; or
(e) access the Service or stream any content available via the Service from any device which is located outside of the UK or ROI
3.4 You agree to follow our reasonable instructions concerning your use of the Service.
3.5 If the Service incorporates user posting/upload functions, you must not post or upload any material that is defamatory, threatening, obscene, harmful, pornographic or otherwise illegal, or includes material which would violate or infringe in any way upon rights (including intellectual property rights, rights of confidentiality, or rights of privacy) of Sky or others or causes distress or inconvenience.
3.6 We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse of the App or Service by you or any one you have allowed to use the App or Service on your compatible device.
4. Subscription Payments
4.1 Vodafone collects subscription payments on our behalf. All fees payable by you for your use of the Service are payable in accordance with your Vodafone Contracts.
4.2 If you have missed any payments you owe, we or Vodafone can suspend either the provision of the Service or your access to the Service without giving you notice. This does not affect our right to end this Contract under Clause 8 below.
5.1 We will not be responsible or liable under this Contract for any loss or damage caused by:
(a) failure, interruption or delays to the App or Service caused by events outside our reasonable control;
(b) your negligence or your failure to follow our reasonable instructions or the terms of this Contract;
(c) us or our employees or agents in circumstances where:
(i) there is no breach of a contractual obligation or legal duty of care owed to you by us or our employees or agents;
(ii) such loss or damage is not a reasonably foreseeable result of any breach;
or to the extent that such loss or damage results from any breach by you of this Contract;
(d) any incompatibility of the App or Service with any hardware and/or software on your mobile phone;
(e) any errors, viruses or bugs present in or arising from your use of the App or Service that are not caused by or attributable to us;
(f) any other matter that is outside of our reasonable control including without limitation, any act or default of any third party supplier, device manufacturer or provider of a device operating system.
5.2 We do not accept any liability under this Contract for any product or service advertised, promoted, offered or sold by third party service providers on the Service. While all reasonable efforts will be made to ensure that the information contained in the Service provided by us is as accurate as possible, we do not accept any liability and make no representations or warranties in relation to the accuracy or completeness of such information. Some of the content on the Service is provided by third parties. The availability of such content is outside our control and we will not be responsible for any suspension or loss of such content.
5.3 Nothing in this Contract limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any matter that we cannot exclude or limit as a matter of law.
5.4 These limitations do not affect your legal rights. If you require advice on your legal rights, you should refer to http://adviceguide.org.uk.
6. Privacy and Personal Information
6.1 You confirm that any member of the Sky group may use and share information we hold about you with other companies in the group and with Vodafone including for market research and the marketing of Sky's products and services. This may include sending you marketing by email or SMS about Sky Mobile TV or other similar products and services unless you advise us of your preference not to receive such forms of marketing.
6.2 Information held by the Sky group about you may also be shared with other companies outside the group, including for sales and marketing purposes and for market research on products and services, unless you advise us of your preference not to share such information such with third party companies.
6.3 If you have not already told us that you do not want to receive marketing by email or SMS, or us to share information about you with companies outside the British Sky Broadcasting group, please contact Sky Sports Mobile TV customer service by telephoning +44 8442 411 531 or emailing firstname.lastname@example.org
7. Changes to this Contract
7.1 We may make changes to this Contract from time to time. We will give you one calendar month's notice of any changes that affect you.
7.2 If we reasonably believe a change will not disadvantage you we may include it without notice. Your first use of the App or Service after you have been notified of the changes will constitute acceptance of such changes.
8.1 Once you have selected to receive the Service, you will only be able to terminate or end your access to the Service in accordance with the terms of your Vodafone Contract.
8.2 We may suspend or end this Contract by giving you seven days' notice at any time if you break any of the terms in this Contract or any offer you have selected, or act in a way towards our staff or agents which we reasonably consider to be inappropriate.
8.4 The Service is made available via Vodafone's network under an agreement between us and Vodafone. If our agreement with Vodafone ends and the Service can no longer be provided to you, we or Vodafone will give you written notice of this fact and tell you the date that your Service will end. In respect of standalone subscriptions only Vodafone will refund any part of a subscription payment received by Vodafone that relate to the Service (or part of the Service) for the period after the Service ends.
8.5 If any of your Vodafone Contracts terminate or are suspended, your access to the Service will also end or be suspended (as applicable) immediately.
8.6 We will not refund any payments made to Vodafone for the Service if we end this Contract because you have broken a term in it.
9. Intellectual Property
9.1 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the App or Service shall remain at all times vested in us or our licensors. You are permitted to use this material or content only as expressly authorised in writing by us or our licensors. You will not, and you will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content.
9.2 If you become aware of any such distribution or commercial exploitation, you agree to notify us immediately.
9.3 You acknowledge that if you post materials via the Service or App, you grant to us and our licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use the materials as part of the App or Service and in any other manner. The licence extends to copying, distributing, broadcasting and otherwise transmitting and adapting and editing the materials.
10. Right To Transfer The Contract and Third Parties
10.1 We can transfer our rights and obligations under the Contract to any company, firm or person. We can only do this if it does not affect your rights under the Contract in a negative way.
10.2 The Contract is personal to you. You may not transfer your rights or obligations under this Contract to anyone else and no third party is entitled to benefit under this Contract except pursuant to Clause 10.1.
This Contract is governed by English Law. Any disputes can be dealt with the by courts in England and Wales or any other UK court that could lawfully deal with the case.
2. Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Spotify Service and Agreements. When we make changes to the Agreements that we consider material, we'll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
3. Enjoying Spotify
Spotify account holders may access the Spotify Service by any of our several Subscriptions:
- Free Service: an ad-based, free-of-charge service;
- Unlimited Service: a subscription fee-based service;
- Premium Service: an ad-free, subscription fee-based service which enables you to listen to music while not connected to the internet, among other features; or
- Mobile Service: via a supported mobile handset.
The Premium Service permits you to store cached content on up to three (3) personal computers, mobile handsets and/or other relevant devices (collectively "Devices") while your Premium Service subscription is active. You may not transfer copies of cached content to any other device via any means. By using the Mobile Service, you agree to accept the Mobile Terms and to register for the Service as a mobile subscriber. The Premium Service and the Unlimited Service are hereinafter referred to as "Paid Subscriptions".
If you have purchased a code sold by or on behalf of Spotify for access to the Unlimited Service or Premium Service for the time period indicated on your email, card or paper receipt ("Code"), or if you are accessing the service through some other limited offer which you received or purchased from Spotify ("Limited Offer"), these Agreements apply to your access to the Service. Any separate sets of terms and conditions presented to you along with the Code or other Limited Offer also apply to your access to the Service using the Code or Limited Offer. Subject to any rights you may have under Section 12, Codes are only redeemable in the country where you purchased such Code, not redeemable for cash and may not be returned for a cash refund, exchanged, resold or used to purchase other Codes.
From time to time, we may offer trials of the Premium Service and/or Mobile Service for a specified period without payment (a "Trial"). Spotify reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability. For some Trials, we'll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Premium Service on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your Subscription to the Free Service through your Spotify account's settings before the end of the Trial.
4. Licence and assignment
The Spotify Service and the content provided through it are the property of Spotify or Spotify's licensors, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the Spotify Service and to receive the media content made available through the Spotify Service in the UK, based on the Subscription or Trial that you select (the "Licence"). This Licence shall remain in effect for a period of 20 years unless terminated by you or Spotify. The Spotify software applications are licensed, not sold, to you, and Spotify retains ownership of all copies of the Spotify software applications even after installation on your Devices. Spotify may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party. All Spotify trademarks, service marks, trade names, logos, domain names, and any other features of the Spotify brand are the sole property of Spotify. This Licence does not grant you any rights to use the Spotify trademarks, service marks, trade names, logos, domain names, or any other features of the Spotify brand, whether for commercial or non-commercial use. You agree to abide by our User Guidelines at Section 8 of these Terms and not to use the Spotify Service (including but not limited to its content) in any manner not expressly permitted by the Terms. Third party software libraries included in the Spotify Service are licensed to you either under these Terms or under the relevant third party software library's licence terms as published in the help or settings section of our desktop and mobile client and on our website.
5. Third Party Applications
6. User generated content
Spotify users may post, upload and/or contribute ("post") content to the Service, including pictures, text and playlist compilations ("User Content"). You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us as contemplated by this Agreement, does not violate these Agreements, applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with Spotify. This license lasts until you terminate your Spotify account, except in the case of User Content that you have published, made public and/or share with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the Spotify Service, except that, where applicable under UK law, you agree to waive your right to be identified as the author of any User Content on the Spotify Service and your right to object to derogatory treatment of such User Content. Spotify does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Spotify's sole discretion, violates these Agreements. Spotify may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content. Spotify is not responsible for User Content nor does it endorse any opinion contained in User Content. If you believe that any User Content infringes your intellectual property rights, please go to www.spotify.com/uk/legal/copyright-policyor if you believe that any User Content does not comply with the User Guidelines (Section 8 below) or that your rights under applicable law have been otherwise infringed by any User Content, please contact us at email@example.com.
In consideration for the rights granted to you under these Terms, you grant us the right (a) to allow the Spotify Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service, (b) to provide advertising and other information to you, if you subscribe to the Free Service, and (c) to allow our business partners to do the same. You grant Spotify a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the Spotify Service. These Terms are not intended to grant rights to anyone except you and Spotify, and in no event shall these Terms create any third party beneficiary rights. Any failure by Spotify to enforce these Terms or any provision thereof shall not waive Spotify's right to do so.
8. User Guidelines
We've established a few ground rules for you to follow when using the Service, to make sure Spotify stays enjoyable for everyone. Please follow these rules and encourage other users to do the same. Spotify respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, "ripping", recording, or making available to the public any part of the Spotify Services or content delivered to you via the Spotify Services, or otherwise any making use of the Spotify Service which is not expressly permitted under these Terms; (b) using the Spotify service to import or copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Spotify Services or any part thereof; (d) circumventing any technology used by Spotify, its licensors, or any third party to protect content accessible through the Service; (e) renting or leasing of any part of the Services; (f) circumventing of any territorial restrictions applied by Spotify; (g) artificially increasing play count or otherwise manipulating the Services by using a script or other automated process; (h) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Spotify Service; (i) providing your password to any other person or using any other person's user name and password.
Please respect Spotify and other users of the Spotify Service. Don't engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of Spotify or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user's access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing ("spam"), junk mail, chain letter, or similar, including through the Spotify inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services; (k) interferes with the Spotify Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or Spotify's computer systems or network, or breaches any of Spotify's security or authentication measures, or (l) conflicts with the Agreement, as determined by Spotify. You agree that Spotify may also reclaim your username for any reason. Please be thoughtful about what you make public on Spotify. The Spotify Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on Spotify or across the web, so please use Spotify carefully and manage your account settings regularly. Spotify has no responsibility for your choices to make any actions or material public on the Service. Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
9. Copyright infringement
Spotify respects the rights of intellectual property owners. For details on Spotify's copyright policy, please visit www.spotify.com/uk/legal/copyright-policy
10. Technology limitations and modifications
Spotify will make reasonable efforts to keep the Spotify Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Spotify reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Spotify Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Spotify Service or any function or feature thereof. You understand and agree that Spotify has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
11. Export control
Spotify's products may be subject to U.S. export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Spotify under these Agreements to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of these Agreements.
12. Payments, cancellations and cooling off
If you have purchased a Paid Subscription or Code online, you have the right to change your mind and receive a full refund within fourteen (14) days of purchase (the "Cooling-off Period"), but only if you have not logged in or otherwise redeemed or started to consume them. If you have a Paid Subscription, your payment to Spotify or Vodafone (as applicable) will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us. Spotify may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Spotify Service after the price change takes effect, you accept the new price.
13. Term and termination
These Terms will continue to apply to you until terminated by either you or Spotify. Spotify may terminate the Terms or suspend your access to the Spotify Service at any time, including in the event of your actual or suspected unauthorised use of the Spotify Service or non-compliance with the Terms. If you or Spotify terminate the Terms, or if Spotify suspends your access to the Spotify Service, you agree that Spotify shall have no liability or responsibility to you and Spotify will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Spotify account, please contact Spotify support.
We endeavor to provide the best service we can, but you understand and agree that THE SPOTIFY SERVICE IS PROVIDED "AS IS", WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SPOTIFY SERVICE AT YOUR OWN RISK. SPOTIFY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, Spotify does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the Spotify Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that Spotify is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the Spotify Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Spotify shall create any warranty on behalf of Spotify in this regard. Some aspects of this section may not apply in some jurisdictions.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Spotify Service, the Third Party Applications or the Third Party Application content is to uninstall any Spotify software and to stop using the Spotify Service, the Third Party Applications or the Third Party Application content. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPOTIFY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SPOTIFY SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SPOTIFY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SPOTIFY SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO SPOTIFY DURING THE PRIOR THREE MONTHS IN QUESTION. Nothing in these Agreements removes or limits Spotify's liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
16. Entire agreement
These Agreements constitute all the terms and conditions agreed upon between you and Spotify and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to Spotify are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by Spotify that are not contained in the Agreements. Please note, however, that other aspects of your use of the Spotify Service may be governed by additional agreements. That could include, for example, access to the Spotify Community for customer support, access to the Spotify Service as a result of a gift card, or free or discounted Trials. You will agree to separate terms and conditions in those circumstances, which are listed in full at www.spotify.com/uk/legal/links.Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms. Occasionally we may offer you the chance to participate in sweepstakes, contests, and surveys ("Special Promotions") through the Service. Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion's terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
18. Choice of law, mandatory arbitration and venue
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the laws of Sweden, without regard to choice or conflicts of law principles. Further, you and Spotify agree to the exclusive jurisdiction of the courts of Sweden to resolve any dispute, claim or controversy that arises in connection with these Agreements.
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