Terms and conditions for the Vodafone HomeView service
Vodafone HomeView terms & conditions
General Terms and Conditions of Vodafone HomeView Service
‘No Quibble’ Change of Mind Policy
Vodafone operates a 14 day ‘no quibble’ change of mind policy in relation to the HomeView Service. To obtain the refund, the Customer must, within 14 days of purchase of the Device, return the Device to the store in which it was purchased or, if purchased on Vodafone.ie or over the telephone, contact Vodafone’s Customer Care Team on 1907 and return the Device to the Freepost address provided by them. Where Customers have entered into a contract with Vodafone over the phone or the internet, this 14 day period includes the 14 day cooling off period provided by law.
If you avail of the No Quibble policy you agree to return the Device to Vodafone within 30 days, we reserve the right to charge reverse the refund if the Device is not returned to Vodafone with the previously mentioned time period.
By signing up to Vodafone HomeView you are agreeing to renew your subscription to Vodafone Broadband for a period of 12 months from the date hereof.
- These Terms and Conditions, as may be amended from time to time, together with the application for the HomeView Service constitute a legally binding contract (the "Contract") between Vodafone and the Customer. This Contract shall commence when you purchase the Device. Please note that various related Vodafone products and services and Third Party Services may be subject to additional terms and conditions which you are advised to read.
- This Contract is for your use of the Device and the HomeView Service. By using the HomeView Service you agree to follow and be bound by this Contract. This Contract does not cover other services that we provide to you which are governed by separate agreements.
1.3 This Contract is personal to the Customer. The Customer shall not assign or otherwise transfer the Contract in whole or in part. The Customer shall not, except with Vodafone’s written consent or in accordance with Vodafone’s standard transfer procedures, assign or otherwise transfer the Contract in whole or in part. Vodafone may freely transfer this Contract and/or any debts due under the Contract without notice.
- The term of this Contract shall be for the minimum period set out on the application form or in the absence of any period on the application for a period of 1 month (the “Minimum Period”). This Contract may be terminated by either party giving to the other at least 28 days notice. In the absence of such notice of termination this Contract shall be deemed to continue on from month to month based on these terms and conditions following expiry of the Minimum Period.
- Vodafone reserves the right to alter any terms of this Contract for legal, technical, operational or commercial reasons, or to terminate any package or change its tariffs, on giving thirty (30) days notice to the Customer. In the event of any such alteration, the Customer shall have the option to terminate the HomeView Service without penalty, subject to payment by the Customer of all Charges due to date. Please note that Vodafone Agents are not authorised to amend this Contract or to agree any provision which is inconsistent herewith. Your continued use of the HomeView Service signifies your acceptance of any amendment.
- Any waiver, concession or extra time permitted by Vodafone is limited to the specific circumstances in which it is given and does not affect the rights of Vodafone under this Contract in any other way. This Contract is governed and construed in accordance with the laws of Ireland and the parties submit to the exclusive jurisdiction of the Courts of Ireland. Any reference to any legislative act or provision shall, unless the context otherwise requires, be considered as a reference to such act or provision as amended, re-enacted or replaced.
- Any notice which may be given by Vodafone shall without limiting the manner in which Vodafone may give such notice be deemed to have been duly given if the notice is sent to the Customer by ordinary post at the last notified address of the Customer on the second postal day after the date of posting or, if the notice is addressed to some or all Customers by advertisement, on the close of business on the day the advertisement appears in the national press. Notices may be incorporated in or associated with any other communication from Vodafone.
- If any provision of this Contract is held by any competent authority or by virtue of any change of legislation or for any other reason whatsoever to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision(s) in question shall not be affected thereby.
- A copy of Vodafone’s Customer Enquiries Code of Practice for initiating (a) settlement of disputes with Vodafone or (b) requesting a refund/replacement Device is available at http://www.vodafone.ie/aboutus/code/custcare/. Vodafone at its sole discretion shall decide on a case by case basis whether a Customer is entitled to a refund/replacement Device or compensation. Vodafone’s decision in this regard is final and no correspondence will be entered into in relation to same save in the manner set out in the Code of Practice.
2. The HomeView Service and Device
- The HomeView Service is only available as an add-on to another Vodafone Network service and the Customer is advised that Vodafone cannot guarantee that the Device will be supported if used on any other telecommunication network.
- The HomeView Service and the Device must not be used for any purpose we believe is abusive, objectionable, illegal, fraudulent, a nuisance or for criminal activities. You must immediately notify us if the Device is lost or stolen or you are aware that the HomeView Device is being used for fraudulent or other illegal activities.
- Vodafone may charge the Customer for the cost of checking, repairing or replacing a Device if damaged due to the negligent act or omission whilst in the possession of the Customer.
- The Customer is solely responsible for installing the Device, and providing a power supply to the Device, as well as providing Broadband, and any other equipment, hardware or software that may be required. The Customer is advised to refer to the ‘Quick Setup Guide’ supplied with the Device concerning installation and safety information and must read all instructions as well as safety and security information before installing the Device. The HomeView Service must be used in accordance with the guidelines, instructions and other specifications provided to you from time to time.
- The Customer acknowledges and agrees that the Device and the HomeView Service and all copyrights, trademarks and other intellectual property rights in the Device and the HomeView Service are the exclusive property of Vodafone or Vodafone’s third party licensors and the Customer shall not do or permit anything to be done to infringe or violate such property rights or title. The Customer shall notify Vodafone immediately if the Customer becomes aware of any unauthorised use of the whole or any part of the Device and the HomeView Service.
- Vodafone reserves the right to change the operating mode of your HomeView Service. The Customer agrees that it is responsible for use of the HomeView Service. It is the Customer’s responsibility to ensure compliance with the terms of this Contract at all times.
- Vodafone shall endeavour to provision the Customer on the HomeView Service immediately after signing-up to the HomeView Service. The HomeView Service and related Vodafone products and services are subject to certain limitations, including the availability of broadband connectivity. Vodafone does not represent or warrant that the operation of the HomeView Service or related Vodafone products and services will be uninterrupted, timely, secure or error-free or that it will meet any Customer’s specific requirements. In particular Vodafone does not represent or warrant that Alerts will not be dropped, that all footage will be captured and preserved and that transmission of data shall occur at any particular speed or that all traffic can or will be transmitted by the Vodafone Network. The Customer uses the HomeView Service at its own risk and is solely responsible for adopting such appropriate security measures against unauthorised access to and interference with the Device (or associated software/hardware and data) as may be necessary.
- Vodafone may modify, suspend or terminate the HomeView Service or the Vodafone Network Services wholly or partially, with or without notice, if such action is deemed necessary by Vodafone (e.g. for maintenance, security or other valid reasons) or if Vodafone is requested by an authorised authority or required to do so by legislation or for technical, maintenance, security or other valid reasons. All reasonable efforts shall be made to minimise such service disruptions. The Customer shall remain liable for all Charges during any such disruptions unless Vodafone decides otherwise.
- Vodafone reserves the right, without prejudice to any other provisions of this Contract, to issue such reasonable instructions concerning the use of the HomeView Service as may be necessary in the interests of safety, quality of service, other customers or telecommunications services as a whole, or for any other valid reason Vodafone deems sufficient.
- Vodafone makes no representation and gives no warranty as to the content, quality, availability, suitability or timeliness of any Third Party Service. Vodafone reserves the right to suspend or withdraw access to all or any such Third Party Services on a temporary or permanent basis at any time. The Customer’s use of such Third Party Services is at the Customer’s sole risk and Vodafone shall not be responsible or liable for any loss or damage suffered by the Customer arising from the use of such services. Vodafone may be required to bill the Customer for such services.
- The Customer shall:-
- only create one User Account per HomeView Service and, for each other user of such Service, to create a shared Guest Account;
- not allow or suffer:
- any User Account to be used by any person other than such End User (unless it has been reassigned in its entirety to another individual End User, in which case the prior End User shall no longer have any right to access or use the Services and/or Documentation);
- any Guest Account (relating to such End User Service(s)) to be used by any person other than the person for whom it was created;
- The Customer shall:
- keep its password for its User Account confidential;
- require each person having the right to use a Guest Account (relating to such End User’s Product(s)) to keep its password for such Guest User Account confidential;
- The Customer undertakes not to (and undertakes to procure that any Guest Users (of such End User’s Product(s)) shall also not) access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that:
- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- facilitates illegal activity;
- depicts unlawful sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; and/or
- causes damage or injury to any person or property;
- The Customer agrees (and undertakes where appropriate to procure that any Guest Users of such End User’s Product(s) shall also so agree):
- to pay the Charges in accordance with Clause 3;
- to comply with all applicable laws in their use of the Software and the Services;
- that on termination/expiry of their agreement with Vodafone, the End User Data may be immediately destroyed;
- that their use of the Services may be withdrawn at any time should it be reasonably considered that they have breached the requirements set out in this clause;
- that they may not store, in respect of any Product, more than 30GB per calendar month of video from such Product;
- that they may not stream (using the ‘live view’ function of the Software), in respect of any Product, more than 30 hours worth of video in any calendar month;
- that the Services may be subject to limitations, delays and other problems inherent in the transfer of data over communications networks and facilities (including the Internet);
- not to attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) in any form or media or by any means; and
- to attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software.
- The Charges payable by the Customer to Vodafone under this Agreement shall be paid monthly in advance.
- The Customer shall be liable for all Charges incurred by the Customer personally or otherwise through the use of the Device or the HomeView Service calculated according to the relevant charging option, (whether or not incurred by the Customer personally), and for all costs (on a full indemnity basis) incurred in enforcing the Contract, including administrative costs and the cost of collecting any payments. The loss of or inability to use the Device due to a fault or the termination of the Customer’s contract for Vodafone Network Services does not automatically bring the Contract term or the Customer’s liabilities under this Contract to an end. Similarly the termination of this Contract does not automatically bring the Customer’s contract with Vodafone for Vodafone Network Services or the liabilities under such Contract to an end.
- Vodafone may from time to time vary the Charges, rates or methods of payment and the terms of same. Vodafone reserves the right to cease offering and/or replace its tariff plans from time to time. Existing tariff plans may not always be available. You are advised to read the relevant Vodafone tariff rules and rates, which are available from Vodafone, before completing this application form.
- All Charges, deposits or advance payments payable by the Customer shall be discharged in such manner, time or methods as Vodafone may designate. Vodafone reserves the right at any time to set-off all or part of any sum owing by the Customer to Vodafone against any sum due by Vodafone to the Customer whether under this or any other contract with Vodafone.
- Vodafone will issue electronic invoices to the Customer over the internet, unless the Customer has also contracted with Vodafone for the supply of fixed broadband or landline services and has opted to receive invoices by post in connection with that service. VAT at the appropriate rate shall be added to all invoices unless otherwise specified. Vodafone may for operational reasons change its invoicing methods and periods and issue interim invoices. All Charges and other payments must be paid by the due date specified on the invoice. Where payment of Charges is not made by such due date, Vodafone may apply interest on sums due at the rate of 2% above the then prevailing base rate of Allied Irish Bank plc. from the due date until the date of payment.
- Vodafone may group the individual accounts of the Customer into a single consolidated account for billing and administrative purposes. Vodafone may provide additional services to the Customer which may be chargeable. Where the Customer’s account has not been maintained in a manner satisfactory to Vodafone, Vodafone reserves the right to refuse to provide or to modify such additional services.
4. The HomeView Service and Your Broadband
- The HomeView Service is entirely dependent on your Broadband connection. Any service interruptions or power interruptions to your Broadband or power supply will prevent or alter the proper functioning of the HomeView Service and availability of the Vodafone Network Services. Unless we have agreed to provide you with Broadband under a separate agreement, we are not responsible for the provision or availability of your Broadband. We are not able to provide any kind of support, whether technical or otherwise in respect another provider’s Broadband. If you have any concerns as to your Broadband compatibility or connectivity you should consult your Broadband provider or documentation.
- Heavily utilisation of your Broadband connection (via other connected devices) may adversely affect the quality of the HomeView Service. Certain Broadband providers may through modems or other systems prevent the proper functioning of the HomeView Service. We make no representation that the HomeView Service is compatible with all Broadband services. If you find that the HomeView Service does not operate to your satisfaction, please avail of the 14 day ‘no quibble’ change of mind policy.
- Vodafone HomeView is an internet webcam and recording service as an extended optional facility to the home broadband connection
- The HomeView service is not a CCTV system and does not purport to be such and is not intended to be used as a professional CCTV system
- The HomeView service is not a home security service – it is a method to remotely view the home and receive alerts via the home internet connection
5. Customer Information
- Customer information, including traffic data (data relating to the conveyance of calls and the billing of such calls, including data relating to the routing, duration or time of calls, the location of equipment making or receiving calls, the network on which calls originate or terminate and the time of the beginning or end, or the duration of the connection to that telecommunications network) may be processed by Vodafone for its own business purposes. By entering into this Contract, the Customer explicitly consents to the use of Customer information for these purposes which include account management, account consolidation, billing, debt collection, credit assessments, market research, customer profiling, product and service development, product and service marketing and customer care and other legitimate business purposes.
- Personal information will be retained for no longer than is necessary for the purposes of providing the HomeView Service and in accordance with the terms of this Contract. Please note that Customer calls to Vodafone Customer Care may be recorded for training and quality control purposes.
- Vodafone will find it necessary to disclose certain Customer information to Vodafone group companies, other licensed telecommunications operators and Vodafone’s Agents for the purposes of providing the HomeView Service and also to third parties (including credit bureau and other telecommunications operators) for the purpose of credit referencing, administration, account management, billing, customer profiling, market research, fraud prevention, debt collection, service and product development, insurance claims processing, porting and other legitimate business purposes. Personal data is not otherwise disclosed to third parties, save where required or permitted by law.
- Vodafone or Vodafone Agents may from time to time contact the Customer by post, telephone, e-mail or text message regarding details of specific promotions or information on various Vodafone products or services. The Customer hereby explicitly consents to such contact while the Customer is availing of the HomeView Service and for a period of 12 months after the Customer ceases to avail of the HomeView Service. If the Customer does not wish to receive details of such promotions, the Customer should contact Vodafone Customer Care.
- Vodafone shall not provide the Customer with any statements in relation to their Account usage.
6. Suspension / Termination
- Vodafone may immediately, without notice, suspend the HomeView Service to the Customer wholly or partially for any valid reason, including without limitation, where:
- the Customer fails to pay Vodafone any sums due under this Contract or any other contract with Vodafone on the due date specified in an invoice, notwithstanding the issue of any invoices thereafter; or
- Vodafone reasonably believes that the Customer is unable to comply with payment obligations, represents a credit risk or exceeds any limit on Charges imposed by Vodafone or if Vodafone is unable to contact the Customer following reasonable efforts; or
- the Customer fails to observe any term or obligation set out herein or any relevant law; or
- the Customer engages in any activity (or permits any activity) which Vodafone (as it in its sole discretion shall determine) considers (a) to be contrary to existing legislation or regulations applicable to provision of the HomeView Service or (b) is or is likely to have an adverse impact on the quality of the HomeView Service, the integrity of the Vodafone Network or any communications system operated by Vodafone.
- During any period of suspension of the HomeView Service the Customer shall remain liable for all Charges unless Vodafone decides otherwise. Vodafone reserves the right to reconnect the Customer to the HomeView Service and to levy a fee on each suspended subscription and/or require revised payment terms (including security payments).
- The term of this Contract shall be for the Minimum Period. This Contract may be terminated by either party giving to the other at least 28 days written notice. In the absence of such notice this Contract shall be deemed to continue on from month to month based on the Terms and Conditions herein following expiry of the Minimum Period.
- Notwithstanding any other provision contained herein, Vodafone may by written notice terminate this Contract with effect from the date set out in the notice and thereupon cease to provide the HomeView Service to the Customer, where:-
- there is a serious failure by the Customer to observe or perform any term or obligation set out herein (and in particular the Customer obligations referred to in this Contract) or any relevant law;
- the Customer fails to rectify a situation which has given rise to a suspension of the HomeView Service under Clause 6.1, within 14 days of the suspension being imposed;
- the Customer supplies at any time false, inaccurate or misleading information to Vodafone;
- the Customer is adjudicated bankrupt, becomes insolvent or makes any composition or arrangement with or assignment for the benefit of creditors;
- any meeting of the Customer’s creditors is called pursuant to Section 266, Companies Act, 1963 (as amended) or if the Customer enters any liquidation or has a receiver of its assets or a provisional liquidator appointed or should a petition for winding up be presented or advertised or a petition for the appointment of an examiner be presented;
- if for any reason Vodafone is unable to provide the HomeView Service to the Customer.
- Where the Contract is terminated all Charges will continue to accrue and be payable either until the end of the 28 day notice period (where termination is pursuant to Clause 6.2) or until the date of termination (where termination is pursuant to Clause 6.3). The Customer is advised that in certain circumstances Vodafone may become aware of outstanding Charges after the date of the invoice issued on termination. In these circumstances, Vodafone shall be entitled to raise subsequent invoices and the Customer shall be obliged to discharge all such invoices by the due date specified on the invoices. Notwithstanding the foregoing, if the Contract is terminated under Clauses 6.2 or 6.3 during the Minimum Period, the Customer shall, following Vodafone’s invoice, pay a termination charge calculated as the sum of the monthly tariff charges, where applicable, which would otherwise be payable until the end of the Minimum Period.
- Upon suspension or termination of the Contract, Vodafone shall disconnect the Device from the Vodafone Network and the Customer shall return the Device to Vodafone to the Freepost address available from the Customer Care Team. Failure to return the Device within 30 days may result in Vodafone applying a charge of up to €100 to the Customer. Where Vodafone exercises any of its powers under this Clause 6, such exercise shall not prejudice or affect the exercise of any other right or remedy which may be available to Vodafone.
7. Exclusion of Liability
- Insofar as it is permissible by law, Vodafone shall not be liable for any injury, loss or damage, whether foreseen or unforeseen, directly resulting from:
- any failure, interruption, delay, suspension or restriction in providing the HomeView Service to the Customer which is due to any act of God, government control restrictions or prohibitions, any other act or omission of any public or regulatory authority (whether local, national, international or supranational), an act of default of any supplier, agent or other person, strikes, work stoppages or labour disputes or any other cause whatsoever which is beyond the reasonable control of Vodafone;
- any unlawful or unauthorised use of or access to the Vodafone Network, HomeView Service or Vodafone Network Service, Device or Mobile Device by the Customer or third parties;
- any claim arising out of any act or omission by the Customer, its servants or agents or arising out of any reliance placed by such persons on the content of any Call;
- any valid suspension of the HomeView Service or termination of the Contract;
- any loss or theft of the Device or malfunction of the Device;
- any claim arising in relation to the provision (or non-provision), maintenance or use of the HomeView Service, Device, telecommunications lines, channels, equipment, networks or services or arising out of Calls being dropped or 3G connections being lost for any reason;
- any claim arising out of or resulting from the quality of fitness for the purpose of, compliance with description of, or compliance with sample of any goods supplied to a Customer unless the Customer “deals as a consumer” within the meaning of the Sale of Goods and Supply of Services Act 1980.
- Vodafone will not be liable for any indirect or consequential loss or damage whatsoever, whether it is foreseen or unforeseen, including but not limited to loss of profits, data, revenue, business, anticipated savings or goodwill. Nothing herein shall have the effect of excluding or limiting the liability of Vodafone for death or personal injury resulting solely from its act or omission. Otherwise, any liability of Vodafone to the Customer pursuant to this Contract shall not exceed the sum of €500 per claim.
- Vodafone will not be liable for the effects upon the Customer, or upon any electronic or radio systems in equipment, vehicles or aircraft in the Customers vicinity, of any emissions or transmissions to, from, through or by our Vodafone Network and/or any Mobile Device or the Device.
- Vodafone accept no liability whatsoever for any product or service advertised or promoted, offered or sold by third party service providers for use on the Vodafone Network or otherwise, including any mobile phone or other equipment used in conjunction with the HomeView Service.
- Vodafone shall exercise such reasonable skill and care in the provision of the HomeView Service as may be expected of a reasonably competent mobile telecommunications operator. Except as expressly provided in the Contract, all conditions, terms, warranties and representations whether express or implied by law in relation to the provision of the HomeView Service are excluded to the fullest extent permitted by the applicable law.
The following words and expressions have the following meanings:
- “3G Device” means a mobile handset capable of establishing an internet session using 3G technology or making a voice call on using 3G technology;
- “Account” means the Customer's Vodafone mobile telephony, broadband or landline account;
- “Alerts” is an email and/or SMS notification of an event;
- “Broadband” means the fixed broadband internet services to which you may subscribe;
- “Call” means a transmission made over a telecommunications network for the purpose of communicating a voice or data message (which includes, without limitation, short text messages, multi-media messages and calls to WAP services);
- “Charges” means the charges for the HomeView Service as published in Vodafone’s periodically updated tariff guides including, but not limited to, service options, tariff charges, and administrative charges;
- “Closed Mode” means an operating mode within which a customer selects and therefore restricts the mobile telephone numbers that can connect to and make calls (voice or data) over the HomeView Device;
- “Customer” means the customer who is connected to the Vodafone Network by Vodafone;
- “Device” means the Vodafone HomeView Femto cell device and related accessories that we may supply with the Device;
- “Documentation” means the document(s) made available to End Users and Guest Users by Y-Cam online via the Software to which the Domain resolves and which sets out a description of the Services and the user instructions for the Services;
- “Guest Account” is a user account for persons other than an End User to access the Software (with restricted functionality);
- “Minimum Period” means such period specified on the Customer Application Form or in the absence of any period therefore 12 months commencing on the date of connection of the Device to the Network;
- “Mobile Device” means the mobile phone or other equipment and the SIM card used to access the Vodafone Network;
- “Mobile Network” means the Vodafone 2G/3G mobile macro network;
- “Open Mode” means an operating mode within which any Vodafone mobile customer within range can connect to and make calls (voice or data) over the HomeView Device;
- “HomeView Service” the subscription services to be provided by Vodafone to Customers under this agreement;
- “Third Party Service” means any service promoted or provided by third parties to the Customer over the Vodafone Network;
- “User Account” means a user account for an End User to access the Software;
- “Vodafone” means Vodafone Ireland Limited whose registered office is at Mountain View, Leopardstown, Dublin 18;
- “Vodafone Agent” means any person authorised to promote and sell the Vodafone Network Service, the HomeView Service or carry out business activities on Vodafone’s behalf;
- “Vodafone.ie” means Vodafone’s online store accessible over the Internet;
- “Vodafone Network” means the electronic communications systems used by us to offer the Vodafone Network Services;
- “Vodafone Network Services” means the communications services you receive via the Vodafone Network, including but not limited to Broadband;
- “we”, “our” or “us” means Vodafone Ireland Limited. “you” or “your” means the individual who has registered their details with us as the subscriber to and user of the HomeView Service