Mobile internet terms & conditions
These are the terms and conditions ("Terms") governing your use of Vodafone Ireland Limited’s (“Vodafone”) Mobile Internet Service (the “Service”) which enables you (the “Customer”) to access more easily websites from your mobile phone. This Service is operated by Vodafone (hereinafter referred to as "we", "us" or "our"). Any reference to "you" and "yours" refers to the Customer, being the user of the Service. The Terms are in addition to and form part of the General Terms and Conditions of the Vodafone Mobile Telecommunications Service (the “General Terms”) which are available on www.vodafone.ie. In the event of any conflict between the Terms and the General Terms the Terms shall prevail.
By using the Service you confirm to us that you have the legal capacity and authority to enter into these terms and conditions with us. We may change the Service, including these Terms, at our sole and absolute discretion and without prior notice. By accessing the Service you accept that you are bound by the Terms.
2. Adaptation - Scope
The Service aims to make it easier to access websites from your mobile phone. Most web sites are not meant for display on mobile phones: They may contain too much information for your phone to handle, require code that your phone does not understand, or offer services that your phone cannot access.
In order to make these sites mobile friendly with adaptation, we:
- Automatically reformat the page so it fits your screen. If necessary we divide the page into segments so that your phone can display it;
- Remove services or code that your phone cannot deal with;
- Provide you with links at the top and bottom of the page to help you navigate;
- Optimise the size of graphics and other page elements to speed up download times.
The quality of your experience will depend on the capabilities of your phone.
Made for Mobile – Scope
‘Made for mobile’ pages, like the Ebay, MySpace and YouTube partner sites on your phone, have been specifically designed to work on a mobile phone and are much smaller than standard web pages. A made for mobile site offers and will be limited to only services suitable for use on a mobile phone.
3. Your use of the Service
We grant you a non-exclusive, non-transferable right to use the Service to access the internet generally from your mobile phone. We may prevent access to certain websites or parts of websites. If you are registered with us as being under 18 years of years, you will not be able to access websites classified by us as being for persons over 18 years old. Content, which is classified as being for persons over 15 years of age, may not be available to you if you are registered with us as being under 15 years of age. For more information on Vodafone Safety Net, please access www.vodafone.ie.
When we make the website mobile friendly this may mean that some content on the site may not be displayed or may only be available from a link. So please double-check before relying on any particular information or entering into any contract on the basis of what you see on your handset.
When you are viewing pages through a secure link using the Service, whilst the link is still secure you will not be able to verify a web site's SSL certificate as we have to modify the page. You agree that we can do this.
Vodafone continuously monitors network performance to ensure that the service received by customers is not impacted through a minority of users placing high demand on network resources (e.g. large bandwidths over long periods). Any such high-demand users can expect to experience reduced speeds at peak times. Peak times are subject to ongoing change based on actual network demands. This service does not support ‘calls over the internet' or data sharing for any new customers or customers upgrading their tariff or Equipment from [10 March 2010] onwards. If you want to use data services like making calls over the internet or sharing data files over the internet you should choose a tailored add-on.
4. Prohibited use of the Service
You, and any persons you allow to use the Service, are not allowed to:
- use the Service and anything available from the Service for illegal purposes or in breach of any applicable laws, statutes and regulations or codes of practice;
- use the Service to post, upload or otherwise transmit messages, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, indecent, tasteless, defamatory, in breach of confidence or otherwise unlawful;
- harass, stalk, threaten, impersonate or otherwise violate the rights of others;
- hack into, make excessive traffic demands, probe or port scan other computers, deliver viruses, mail bombs, chain letters or pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Service, Vodafone live! or any other website;
- collect and process others' personal data except in accordance with applicable data protection law;
- infringe any other person's intellectual property rights, including copyright;
- use the Service to post or otherwise distribute unauthorized or unsolicited advertising, junk or bulk email (also known as "spam");
- use the Service in any way that we in our reasonable discretion consider objectionable, inappropriate, likely to injure the Vodafone brand and reputation or otherwise unacceptable.
You are responsible for any misuse of the Service even if it is by another person using your access to the Service.
5. Your information
6. Disclaimer and limitation of liability
The Service is supplied to you on an "as is" basis and we make no warranties, express or implied, with respect to the Service whatsoever (including without limitation regarding their satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from error) unless specifically set out in these Terms or as required by law.
Any action you carry out on the basis of data or information you obtain from or via the Service (including any transaction you make with a third party for the supply of goods or services to you) is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result. The Service is provided to you through a variety of telecommunications systems and we are unable to guarantee error-free use or transmission of data to or from, or access to, any website accessed via the Service.
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, including any loss or damage (whether arising in contract, tort, for breach of statutory duty or otherwise) from:
- your use of, reliance upon or inability to use our Service;
- the deletion with or without notice or cause of any of your data or information stored on the Service;
- any loss of your data or material resulting from delays, non-deliveries, missed deliveries, Service interruptions or a failure, suspension or withdrawal of all or part of the Service at any time.
If you are dissatisfied with any part of the Service or with any of these Terms, your sole and exclusive remedy is to discontinue using this Service. Nothing in these Terms shall act to exclude or limit our liability for death or personal injury, fraud or any other liability which may not by applicable law be excluded or limited.
7. The Internet and third party web sites - Disclaimer
You acknowledge that we are unable to exercise control over the security or subject matter of third party content transmitted or accessible via the Service and, so far as we are permitted to do so by law, we exclude all liability of any kind for the transmission or reception of illegal or unlawful content. The fact that you can use the Service to access third party websites not controlled by us does not imply any endorsement by us of such sites. We accept no responsibility for their content or services.
We endeavour to ensure the security of your communications however your communications pass over third party networks over which we have no control. There is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to information stored on your PC or mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge. We accept no liability for any loss or damage resulting from your use of the Internet and/or third party web sites or content accessed via the Service.
8. Suspension and Termination of Service
We may suspend the operation of the Service for repair or maintenance work or in order to update or upgrade the contents or functionality of the Service from time to time. We may terminate your access to and use of all or any part of the Service without cause or notice if we terminate the Service or it ceases for any reason.
If we suspend your access to the Service to investigate or prevent a potential breach of these Terms by you these Terms shall continue to apply during such period of suspension.
9. Enquiries or Complaints
If you have any enquiries or complaints (about the Service or someone else's use of the Service) then please contact us via the bill pay customer care line on Free Phone 1907 or the pre-pay customer care line on Call Save 1850 2028787 (calls charged at €0.147 per call). Calls to customer help lines may be monitored for training and quality control purposes.
All trade marks whether design or word marks contained in the Service are the trade marks of the Vodafone group of companies of which Vodafone Ireland Limited is a member ("Trade Marks"). You shall only make fair use of the Trade Marks and will not use them: (1) as or as part of your own trade marks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; or (5) in any manner which does or may cause damage to the reputation of any of the above-mentioned companies.
11. Personalisation of the Service
Personalisation means that the content of the Service will be personalised for a specific Customer based on the interests and [browsing habits of that Customer (the “Personalised Service”). The Personalised Service shall be based on a Customer’s implicit data, such as items purchased or pages viewed. Mobile Internet personalisation enhances and makes content displayed on a Customer’s mobile internet more relevant.
12. Customer Consent to Personalised Service
A Customer will only access the Personalised Service when they have notified Vodafone through use of the Service that they wish to be expressly opted in to view the Personalised Service. Following opt in a Customer may at any time choose to opt out of the Personalised Service by:
- Accessing the “My Account” option on Vodafone live! or www.vodafone.ie; or
- By calling the Customer Care Team.
In the event that a Customer opts out of receiving the Personalised Service, the Customer will continue to receive generic mobile advertising when accessing the Service.
13. Customer Information
Vodafone or advertisers on the Service will not divulge a Vodafone customers mobile telephone number or any other personal information without the explicit consent of that customer. Personalisation uses non-identifying, aggregated information which may be used by a third party to determine the nature of the advertising, content or applications seen by the Customer when using the Service.
Vodafone considers ‘non-identifying’ information to include the following:
- Demographic information – age range and gender; and
- Behavioural information – device being used, previous content downloads, pages viewed and purchase and spending behaviour
14. Customer Privacy
The content that will be offered as part of the Service shall include but shall not be limited to the following:
Browsing: Links may be reorder to according to personalisation preferences
Search: Search results may be enhanced by your personalisation preferences
Content: You may receive content recommendations based on your personalisation preferences
Advertising: Will be made more relevant to your personalisation preferences including advertising in relation to software applications.
“Spam” is the common term for unwanted commercial electronic ‘junk’ messages. Vodafone will ensure, in so far as is possible, that any commercial electronic messages including sent via short messages services (SMS), multimedia service (MMS), email or instant messaging will only be sent to Customers who have given express consent to receive such messages. To the extent that a Customer receives Spam from a third party and informs Vodafone of receipt of such spam Vodafone will investigate the origin of the spam and will take such action as is necessary.
17. Gambling and Alcohol Advertising:
Where Vodafone has information that a user is under eighteen (18) years of age, advertising for gambling and alcohol will, as far as possible, be filtered so they will not see that advertising. If a customer wishes to ensure that they or a minor in their care is not exposed to advertising of this type they should contact customer care using the contact details above. More information on Vodafone Safety Net is available at www.vodafone.ie.
- We may delay enforcing our rights under these Terms without losing them
- You agree that we may sub-contract the performance of any of our obligations or may assign these Terms or any of our rights or obligations without giving you notice.
- You undertake not to assign, re-sell or in any other way transfer your rights or obligations under these Terms.
- We will not be liable to you for any breach of these Terms, which arises because of any circumstances that we cannot reasonably be expected to control.
- Other than in the case of fraud, these Terms form the entire understanding between you and us concerning your use of the Service and supersede all previous agreements relating to the Service.
- If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
- These Terms shall be governed and interpreted in accordance with Irish law and you and we both consent to the exclusive jurisdiction of the Irish courts.
1.1 The purpose of the Charter is to set out Vodafone’s commitment to customer privacy and compliance with the legal and regulatory framework governing mobile internet advertising in Ireland.
1.2 Please note that it is necessary for Vodafone customers to agree to the use of their personal information. Customers can opt-out at any stage without affecting their access to any Vodafone mobile internet services.
1.3 This Charter is not intended to be nor is it in substitution of any of the provisions of the Data Protection Acts 1988 and 2003 (the “Data Protection Acts”). Vodafone has established procedures which seek to ensure continued compliance with the Data Protection Acts.
1.4 This Charter should be read in conjunction with Vodafone’s general customer and product specific terms and conditions.
2. Commitment to Customer Privacy
2.1 The mobile internet is an emerging and continually evolving medium for advertising. Vodafone is committed to ensuring that its customers’ personal information and privacy rights are protected.
2.2 Vodafone is committed to ensuring its compliance with all applicable legal and regulatory obligations at all times.
3. Mobile Advertising
3.1 Mobile advertising is any advertising offer, promotion or incentive from a third party advertiser provided to Vodafone’s mobile customers via Vodafone’s mobile internet (“Vodafone Live!”). Mobile advertising is intended to enrich the consumer experience by providing tailored advertising and marketing solutions to customers from Vodafone and selected third parties.
3.2 In certain circumstances, it may be possible to make information more relevant to a specific customer by using their personal information, where that customer has expressly consented to this information being used for that purpose. Vodafone strives to use appropriate consent mechanisms in relation to all of its mobile internet advertising activities.
4.1 In addition to Vodafone’s legal and regulatory obligations, this Charter sets out Vodafone’s commitment to our customers to maintain the best in class standards in relation to the use of our customers personal information.
4.2 This charter draws on the guidelines set by the Advertising Standards Association of Ireland, the Internet Advisory Board, Broadcasting Commission of Ireland and the Department of Health and Family Affairs.
5.1 Vodafone offers a wide range of products and services using the most modern technologies including mobile telecommunications and internet related services.
5.2 Vodafone will retain control of all customers’ personal information at all times and will not provide this to third parties for use outside of Vodafone’s control without clear consent from our customers. Data will not be used, disclosed or processed in any manner incompatible with the purposes for which it was obtained.
5.3 Disclosure of customer personal data will only be made available to third parties who are our agents or servants acting on our directions. Save as required by law, no disclosure of data will be made to third parties for those third parties' own purposes or use without the customers express consent.
5.4 Data obtained from customers will be adequate, relevant and not excessive in relation to the purposes for which it was obtained.
6.1 Vodafone shall obtain clear, informed and active customer consent before personal information can be used for tailoring the advertising of third party products and services to a customer.
6.2 If a Vodafone service is necessarily supported by advertising, a customer may receive generic advertising irrespective of whether their consent has been obtained.
6.3 Only customers who have expressly provided their consent by opting in may directly be sent marketing messages from Vodafone and / or third party advertisers.
6.4 Customers are entitled to withdraw their consent to the use by Vodafone of their personal data at any time .
Vodafone is conscious that spam advertising is becoming increasingly common and continues to monitor its network for and seeks to minimise such activity.
8. Customer information that may be used in Mobile Advertising
Subject to customer consent being obtained, Vodafone’s mobile advertising inventory may be tailored using four main types of information as follows:
- network or service context;
- customer demographic information;
- customer behavioural information;
- Safety Net Mobile Manager (“Safety Net”) is an application designed to help mobile phone users block unwanted communications to their mobile phone. Safety Net is not proposed as a solution to control anti-social activities such as harassment or bullying.
- Safety Net’s “I Do Not Accept” blocking function is provided only as a support for the user concerned. Vodafone recommends that the relevant authorities are contacted in any instances of suspected harassment or bullying
- Safety Net does not prevent callers accessing a voicemail account. Should this cause concern, a user should contact their service providers' Customer Care to arrange for voicemail to be disabled.
- Safety Net does not block premium text messages. It is however possible to configure Safety Net to unsubscribe automatically from premium text messages.
- In the case of emergency calls (i.e. 999 or 112), Safety Net shall disable itself to facilitate such emergency contact. Following any outgoing emergency call, a user should reset his/her mobile phone to ensure the continued application of Safety Net.
- In the event that a user receives a blocked message, it shall be inserted by Safety Net into a marked archive. This archive should not be accessed unless considered necessary.
- Where parents or guardians wish to apply Safety Net to their child’s mobile phone, they may set up a guardian number and password to cover various functions. This extends to controlling their child’s access to Safety Net’s archive of blocked messages.
- Parents or guardians should note that a child may disable Safety Net at any stage. If so disabled, Safety Net will send an SMS notification to the listed parent/guardian number.
- You will be charged for any text messages sent by Safety Net at the standard text message rate in accordance with your tariff.
- Safety Net has a feature where usage statistics may be uploaded from the application to Vodafone servers every few days. All data is anonymous and does not contain personal details, contacts or messages. This usage data is used to help Vodafone improve the application and help researchers looking into issues like cyberbullying. Data will be stored within the EU.
- You must not edit, modify, copy, reverse engineer, decompile or otherwise tamper with Safety Net.
- We grant you a non-exclusive, non-transferable right to use Safety Net for personal (and not business) use only subject to your compliance with these terms.
- We own all proprietary rights in Safety Net. You will not have any right to Safety Net apart from the right to use Safety Net in line with these terms.
- Safety Net services may continue to change over time as Vodafone develop and add more features, Vodafone may stop, suspend or modify new or existing features at any time without prior notice to you. Vodafone may also remove any content from the service at our discretion.
- Safety Net is provided on an entirely "as-is" basis and without warranty of any kind. Responsibility for the use of Safety Net is strictly and solely that of a user. Vodafone Ireland Limited shall not be liable for any loss or damage, howsoever caused, in connection with any download or use of Safety Net.
- We reserve the right to revise these Terms from time to time and the most current version will always be posted on our website. It is your responsibility to check the website for any such notices. By continuing to access or use this service after revisions become effective, you agree to be bound by the revised Terms.