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Terms and Conditions of Vodafone.ie

General terms and conditions of the Vodafone Ireland website (Vodafone.ie)

The following terms and conditions govern your access to and use of this web site (“the Site”) and the services made available to you on this web site ("the Services"). Please read these terms and conditions carefully. Any use by you of the Site or any service on the Site shall be on the basis that you have read, understood and agreed with these terms and conditions.

Vodafone may vary or change these terms and conditions for any valid technical, operational or commercial reasons. An updated version of the terms and conditions shall be available to you at all times and it is your responsibility to review this periodically. Your continued access to the Site and use of the Services after any such changes have been made shall constitute your consent to such changes. If you are a customer of the Vodafone mobile telephony service and are availing of certain messaging services, the general terms and conditions of the Vodafone mobile telecommunications service shall also continue to apply to you in respect of messages sent by you using that service. In the event of any conflict or inconsistency the terms of this web site shall prevail.

General

This Site and the Services are provided in accordance with and subject to the laws of the Republic of Ireland. Certain Services are provided in conjunction with the Vodafone mobile telephony service and it is a condition of your use of such Services that you are a current customer of the Vodafone service and have a mobile handset with appropriate capabilities. If you are not the bill payer for the Vodafone number you are not authorised to register for a Service on behalf of the bill payer; if you do so, Vodafone reserves the right to bar access to the Service. Vodafone makes no representations that the Site and Services are appropriate or available for use in or from locations other than the Republic of Ireland. Users who access this Site from other locations do so on their own initiative and risk and are responsible for compliance with local laws. No information on this Site should be construed as a promotion or solicitation for any product or service or the use of any product or service which is not authorised by the applicable laws of your place of citizenship, domicile or residence.

Vodafone may at any time and without liability modify, suspend or discontinue the Site or any Service with or without notice, for any valid technical, operational or commercial reasons. The suspension or termination of your Vodafone mobile telephony service account for any reason shall also lead to the suspension or termination of any such Services you avail of. Vodafone does not guarantee or warrant that any particular features of or information on the Site or any Service will be available to you at any given time. The quality and availability of the Vodafone mobile telephony service is subject to certain limitations which may also affect the provision of certain Services.

You must ensure that any equipment used in conjunction with any Service is technically compatible for use with the Service and is used in accordance with any instructions, safety or security procedures applicable to that equipment. Vodafone has no responsibility for any such equipment. Please note that you may experience difficulties using certain Services and accessing certain parts of the Site if you are using an Apple Mac computer.

You acknowledge that the Services may not be available to you in the event that you are denied access or unable to access the internet or this Site. Vodafone shall not be responsible for your inability to use the Services in these circumstances.

Service Registration Process

Before using certain Services for the first time you will be required to register with Vodafone. Any information provided by you during registration must be complete and accurate. You must immediately inform Vodafone of any changes to the information supplied by you to Vodafone during registration. In particular, you must notify us immediately of any change in your mobile phone number, otherwise you may not be able to use certain Services. Also, if you cease to use the Vodafone mobile telephony service, you must inform Vodafone immediately. In these circumstances you will no longer be entitled to use the Services.

You are entirely responsible for maintaining the integrity and security of any Service account you open. When you register for Services you may be required to choose or you may be given a user name and/or a password. Vodafone may restrict the user name or password you can choose. You must take all necessary steps to ensure your password/username and other information provided during registration is kept confidential, is used properly and is not disclosed to other persons. You agree to notify Vodafone immediately if your password/username or other registration information has or is likely to become known to person(s) not authorised to use it or is being or is likely to be used in an unauthorised manner. You are advised to change your password regularly. If you forget or lose your password, you should contact Vodafone and satisfy such security measures as Vodafone may require before your password is re-issued or a new password is sent to you. Vodafone reserves the right at its absolute discretion to require you to change any password used by you in connection with the Services.

Payment

You are responsible for any and all service fees, charges and costs (including costs for the use of telecommunications lines) associated with accessing the internet and availing of any Service via this Site. You shall be charged by Vodafone for your use of certain Services and in particular, messaging services. You will be charged for such Services under the terms of your mobile telephony service agreement with Vodafone. Use of a Service by you will be charged for on your mobile service bill (if you are a post-paid customer) or will be deducted from any credit used to top-up your mobile handset (if you are a pre-paid customer). Some Services may not be currently charged for, but Vodafone reserves its right to charge for these in the future. If certain Services are used outside of the Republic of Ireland, roaming rates may apply. For details of applicable charges please go to Tariff Table.

User obligations

You agree not to use or cause or permit any Service to be used:

  • for any improper, indecent, unlawful, threatening, defamatory or fraudulent purpose or to cause any injury, offence or annoyance to any person, or interfere with their enjoyment and use of the Site or Services;
  • so as to jeopardise or prejudice the operation, quality or integrity of the Site or Services, or the operation, quality or integrity of any telecommunications network;
  • to send junk e-mail, spam, duplicative or unsolicited messages for the purposes of direct marketing or advertising or promotional materials to third parties without their prior consent;
  • to harvest or otherwise collect information about others, including e-mail addresses, without their prior consent.

You also agree:

  • to comply with all reasonable instructions or requests of Vodafone or an authorised authority in relation to any Service or the investigation of any offences and to abide by all applicable laws and regulations (including copyright and intellectual property laws), licences, codes of practices and usage policies of connected networks;
  • not to resell, sub-licence or attempt to resell, sub-licence or otherwise exploit commercially any Service (or any part thereof) or any material or information accessed via a Service;
  • not to distribute, download, upload, publish or transmit any data, material, information or software in a manner which may infringe the rights of third parties or render Vodafone liable to the payment of damages to any third party;
  • not to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programmes;
  • not to attempt to gain unauthorised access to or interfere with any Service, other user accounts, computer systems or connected networks;
  • not to disguise the origin of any transmitted communication or impersonate any other person or entity;
  • to dutifully reproduce any copyright symbol and clause in whole as may appear on screen or printer at the head of the relevant data base or the head or foot of any information being processed;
  • to notify Vodafone immediately of any unauthorised use of a Service account or any other breach of security or any claim or legal proceedings against you relating to your use of any Service;
  • not to use the server capacity or any software made available to you in any way which in Vodafone's opinion is or is likely to be detrimental to the operation or provision of any Service or any third party's rights;
  • to comply with the terms and conditions of any internet service provider whose services you may use.

 Use of the Site and Services

You expressly understand and agree that your use of the Site and Services is at your own risk.

In particular, you assume all responsibility for:

  • taking adequate precautions against all errors, defects, interruptions or malfunctions in the provision of any Service;
  • accessing, obtaining or transmitting information, materials, data, communications, messages, software and services via the Site (or linked sites) and any Service;
  • installing and executing anti-contamination software and otherwise taking steps to ensure that information, if contaminated or infected, will not damage any information or system;
  • all activities conducted through the use of any of your Service accounts, whether authorised by you or not;
  • any dealings with advertisers, promoters or third party vendors on the internet, including the delivery of and the payment for goods and services;
  • evaluating the accuracy, reliability, correctness or completeness of any information (including information concerning companies, share prices, investments or securities) and evaluating any goods (including software) or services offered by any third parties via the Site or linked sites. Vodafone shall not be a party to or be in any way responsible for any transactions between you and such third parties;
  • obtaining the prior consent of third parties to sending them messages for the purposes of direct marketing. The Site and Services are provided "as-is" and all conditions and warranties expressed or implied by statute or common law are excluded to the fullest extent permitted by law. In particular, Vodafone makes no warranties or representations:
  • as to the suitability, reliability, availability, timeliness, correctness, accuracy or completeness of the Site (or linked sites) or any Service or any information, material or communications transmitted, obtained or accessed via the Site (or linked sites) or any Service;
  • that the Site or any Service will meet your requirements or that the operation of the Site or any Service will be uninterrupted, timely, secure or error-free or that any defect can or will be remedied;
  • to the extent that the operation of the Site or any Service is dependent on third party service or content providers;
  • that information or materials obtained or accessed by you via the Site or any Service will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties.

Unless otherwise stated, neither Vodafone nor any third parties involved in the provision of the Site or Services shall be liable for any losses or damage (other than death or personal injury caused by negligence), costs or expenses (including indirect loss or consequential loss of use, data, profits, business or anticipated savings) arising out of or in any way connected with:

  • the use of the Site (or linked sites) or any Service by you or other persons;
  • the provision of or failure to provide any Service;
  • your dealing with any third parties, including but not limited to advertisers, promoters, vendors or service providers;
  • any errors, defects, interruptions, malfunctions or delays in the provision of any Service;
  • reliance placed on any information (including without limitation, information concerning companies, share prices, investments or securities) material, data, communication or messages obtained, accessed or transmitted through the Site or any Service;
  • the loss, corruption or overwriting of any information, material, data, communication or message;
  • any unauthorised access to or alteration of your computer system, software, messages, information or data otherwise arising out of the use of the Site or any Service;
  • the suspension or termination of any Service (or any part thereof);
  • the acts or omissions of other providers of telecommunications or information services or for faults or failures of their equipment or systems;

whether based in contract, tort, or otherwise, even if Vodafone or any of its suppliers has been advised of the possibility of such losses, damage, costs or expenses.

You agree to indemnify and hold Vodafone, its servants and agents harmless against any liability, loss, damage (including legal costs and fees), claims or proceedings (whether actual or threatened) sustained pursuant to the use of the Site or any Service by you, your agents or any third party via your Service account(s) or your breach of these terms and conditions (including without limitation any failure by you to obtain the consent of third parties to whom you send unsolicited messages for direct marketing purposes).

User Information

Vodafone reserves the right at all times to monitor, review, retain and/or disclose any information or content generated by you via any Service as may be necessary to satisfy any applicable law, regulation, legal process, governmental request or law enforcement agency. Such information may also be held and used by Vodafone and its agents for our own commercial purposes including but not limited to customer profiling, order processing, administration, credit checking, market research, and to inform you about our products and services generally (unless you specifically request us not to by sending an email to Vodafone at custcare@vodafone.ie.)

Vodafone will not disclose to third parties any personal information about you or your use of the Services without your prior permission unless Vodafone has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Vodafone; (3) enforce these terms and conditions; (4) act to protect the interests of third parties or (5) respond to service or technical issues.

You acknowledge that information, messages, electronic mail or any other material passing over the internet or via text messaging may contain a reference to the identity or Vodafone number of the sender or may not be free from interference by third parties. Vodafone cannot guarantee the privacy or confidentiality of any information transmitted by or to you via text messaging or over the Internet. Vodafone reserves the right to remove or require the removal of any content generated by you or via your Service account if such content is in Vodafone's sole discretion, in violation of these terms and conditions or is otherwise unlawful, harmful, defamatory, offensive or objectionable.

Force Majure

If Vodafone is unable to perform any obligation under this Agreement because of a matter beyond its reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving our employees) or acts of local or central government or other competent regulatory authorities or events beyond the reasonable control of its suppliers, Vodafone will have no liability to you for that failure to perform.

Suspension / Termination

Vodafone may without notice suspend or terminate your access to any Service wholly or partially for any valid reason, including, without limitation, where:

  • you fail to observe or perform any obligation set out herein (and in particular any User Obligations) or any relevant law, licence, regulation, directive, code of practice or applicable usage policy; or
  • you fail to pay Vodafone any sums due in connection with any Service; or
  • you supply false misleading or inaccurate information to Vodafone at any time; or
  • if for any reason Vodafone suspends or discontinues a Service or is unable to supply a Service (or any part thereof) to you;
  • the Vodafone mobile telecommunications service to you is suspended or terminated or you are no longer the registered owner of the mobile phone number given by you at registration.

Where Vodafone exercises any of its rights or powers under this Clause such exercise shall not prejudice or affect the exercise of any other right, power or remedy which may be available to Vodafone.

Upon suspension or termination, Vodafone shall have no obligation to maintain any content in any of your accounts or to forward any unread or unsent messages to you or any third party. Vodafone shall not be liable to you or any third party for any suspension or termination of your access to or use of a Service.

You may terminate your use of certain services by turning these off at the relevant page.

Proprietary Rights to Content

The information contained in the contents of the pages of this Site, including but not limited to the layout and expression, are copyright © 2002-2006 Vodafone Ireland Limited and/or its third party contributors and may not be copied, transmitted, converted, transcribed, stored or reproduced except as follows:

(i)You may print or download on any single computer one copy of the contents of these pages (other than those excepted from this licence as set out below) for your personal, non-commercial home use. All copyright notices, proprietary notices and disclaimers should also be copied. All rights not expressly granted by us in these terms and conditions of use are hereby reserved.

(ii)Any organisation may download the Site for caching purposes, and to allow its members, subscribers or employees to access the Site.

The limited licence to copy materials on this Site set out above does not permit incorporation of the material or any part of it in any other work or publication, whether in hard copy, electronic or any other form. In particular, but without limitation, no part of the Site pages may be distributed or copied for any commercial purposes. No part of these Site pages may be produced on or transmitted to or stored in any other web site or other form of electronic retrieval system. In addition, in respect of any software downloaded from this Site, title, including all intellectual property rights, shall vest and remain vested in Vodafone and/or its third party contributors.

Where applicable, the author(s) of the literary and artistic works set out on the pages of this Site has/have asserted his/her/their moral rights to be identified as the author of those works. Their identities are set out on the pages containing their works.

Linked Sites

Certain links on this Site lead to sites maintained by third parties over which Vodafone has no control. Vodafone makes no representations as to the accuracy, completeness, truthfulness or any other aspect of the information contained on such sites or sites linked to such sites. Any links to such sites are provided for convenience only and are to be availed of at your own risk.

My Vodafone

The terms and conditions under this heading relate to the ‘My Vodafone’ service only however, the other terms and conditions of this Site given above also apply to you and you are strongly advised to read them.

Users of this Service may check certain Vodafone mobile account details and make payments to their account on this Site. Vodafone employs industry standard security procedures designed to prevent unauthorised interception of credit or debit card information in transit however there are certain risks associated with internet communications and credit/debit card use over which Vodafone has no control. Vodafone expressly disclaims insofar as is legally possible responsibility for any loss or damage arising out of the loss or delay of transmissions between you and Vodafone. Vodafone recommends that you maintain some form of credit / debit card insurance / protection scheme and in the event of loss, theft or unauthorised use of your credit / debit card you notify your credit / debit card provider in accordance with its standard terms. Vodafone’s security procedures include the storage of your credit / debit card information. This information is used for processing your payments. This Service is protected by means of a password protected security system which prevents third parties viewing your billing information. Authorised users are solely responsible for the use and safekeeping of their password. Authorised users should not share this password with any third party. Authorised users will be given five opportunities to enter correct log-on details. If incorrect details are entered on each occasion, access to the Service will be denied for 24 hours. Alternatively, customers will be able to regain access to My Vodafone Services by using the change password feature. Vodafone should be notified as soon as practicable of any known or suspected unauthorised use of a password. Users shall be fully liable for all use of the password including any unauthorised use. In the unlikely event that such information is disclosed to unauthorised third parties, Vodafone shall not be held liable for any loss or damage that may result.

Pay as you go registration

  1. On the New User page, enter your mobile number in the space provided. A logon password will be sent to your mobile as a Text Message. (Note: If you have logged onto My Vodafone or e-merge in the past you will be asked to proceed to logon. If you do not remember your password, click on the Forgotten Password link in the Help Me menu).
  2. Enter the CAPTCHA verification code and create a unique password. Your password must meet Vodafone security standards outlined in order to access My Vodafone Services.
  3. You will be asked to accept the My Vodafone Terms and Conditions.
  4. Enter your logon password and your date of birth in the space provided. Complete the registration form with your personal details, date of birth, and contact preferences to avail of any applicable credit offerings (this shouldn’t explicitly mention that credit is available as not all customers are eligible). This will take no longer than five minutes.
  5. Your My Vodafone Logon will be confirmed and you will be asked to logon. and an email sent to your selected email address as verification.
  6. When you have logged on, click on the pay as you go registration link under the Account Details section. You will be asked to accept the My Vodafone Terms and Conditions.
  7. Then you may register your pay as you go details. This will take no longer than five minutes.

When you successfully complete this registration you will see a message advising you that your credit will be applied within 24 hours. However, if you provide us with incorrect or invalid details, you may not receive the free call credit.

We will only use your pay as you go details in accordance with our Pre-paid General Terms and Conditions.

Vodafone Mail

The terms and conditions under this heading relate to the Vodafone Mail service only, however the other terms and conditions of this Site given above also apply to you and you are strongly advised to read them.

If you apply for a Vodafone Mail account, Vodafone shall provide you with one e-mail address and one allocation of 50 megabytes of disk space ("mail space allocation") for the storage of e-mail messages (voicemail and faxmail messages will not reduce the mail space allocation). You are responsible for ensuring that you do not exceed the mail space allocation. When your mail space allocation is exceeded, you cannot be guaranteed receipt of e-mail messages. No additional e-mail messages can be deposited in your Vodafone Mail account until you create sufficient space by deleting stored messages. Vodafone is not responsible or liable for the deletion or failure to store messages or other information. You should be aware that for technical reasons you may not be able to send or access all e-mails. Also, please note that Vodafone Mail accounts may be closed automatically if unused for 6 months.

Please note that voicemail and faxmail messages will only be stored in your Vodafone Mail account for a limited period of time. Voicemail and faxmail messages may be saved in your Vodafone Mail account for a period of 21 days by using the ‘save’ functionality on your handset. In the event that voicemail and faxmail messages are not saved to your Vodafone Mail account in this manner, the messages will be automatically deleted from your Vodafone Mail account upon the expiry of the following periods:

Voicemail messages:

  • after 24 hours if listened to
  • after 21 days if not listened to

Faxmail messages

  • after 8 days if read
  • after 21 days if not read

Voicemail and faxmail messages should be saved to your computer hard disk if you wish to retain them for a longer period.

The functionality of the Vodafone Mail WAP interface service is limited by current WAP protocol standards. These standards permit you to browse text only. When using the Vodafone Mail WAP interface service, you will be unable to download executable files, view attachments, graphics or link into internet sites.

If you cease to be a Vodafone customer, you will cease to have access to these services and your files will be deleted.

Please note that under data protection laws you are required to seek the prior consent of third parties to whom you send messages for the purposes of direct marketing. It is your responsibility to comply with these laws. Vodafone shall not be responsible for your failure to do so.

View My Bill

The View My Bill service enables personal and certain business customers of Vodafone’s post paid mobile telecommunications service to view details of recent billing information. Only authorised personnel of business customers who have registered with Vodafone using the appropriate registration form can view the billing information of all the subscriber lines of that business customer. Any changes to the identity of authorised personnel must be notified to Vodafone. Vodafone will not be responsible otherwise. Individual users of subscriber lines of a business customer will only be able to view their own billing information.

Save in the circumstances where the Customer elects to cancel the receipt of paper bills, the View My Bill service is provided for information and convenience only. It is not intended to be a billing service and customers who do not pay by direct debit should await receipt of their paper bills before settling their account with Vodafone. Customers who pay by direct debit will have their accounts debited and their Vodafone bills paid in the usual manner.

Cancellation of paper billing

Customers who currently pay by direct debit or who elect to pay by direct debit on registration for the View My Bill service may choose to cancel their receipt of paper bills by post or cancel receipt of their Call Details by post and elect to view their bills online using View My Bill. Customers who choose to cancel the receipt of paper bills are expressly notified that they will no longer receive paper billing information and that their invoices will only be available on the View My Bill web page. Business customers currently paying by direct debit can also choose to cancel receipt of the Call Details section of the paper bill for their account on View My Bills within Business Online.

Vodafone will endeavour to notify Customers by SMS and/or email within 3 days of the Customer’s billing date that their monthly billing information is available on View My Bill(s), however it is the Customer’s responsibility to check View My Bill(s) on their billing date and thereafter and to ensure that all invoices are discharged within the time limits allowed by Vodafone’s standard terms and conditions of use

The Revenue Commissioners have confirmed that VAT registered Vodafone customers who wish to reclaim VAT on their monthly invoices must continue to receive and retain their paper monthly invoice (as required by VAT regulations), accordingly such customers must not cancel their receipt of paper bills however they can choose to cancel receipt of their Call Details by post.

Vodafone expressly disclaims insofar as is legally possible responsibility for any loss or damage arising out of the delay in placing the billing information on View My Bill(s). Vodafone and the Customer agree that Vodafone shall not be held liable for any inconvenience, loss or damage that may result from any such delay. The Customer and Vodafone expressly agree that all email notifications will be deemed delivered once the email from Vodafone advising the Customer that the billing information is available on View My Bill(s) has reached the Customer’s email service provider’s server. Vodafone and the Customer agree that the Customer’s email service provider’s server shall be the Customers “information system” for the purposes of the Electronic Commerce Act, 2000. The Customer must notify Vodafone immediately of any change of the Customer’s email address. Customers may elect to change between the receipt of paper and online bills once per month and any change shall be effective from the next billing day. Vodafone reserves the right to terminate the paperless billing aspects of the View My Bill(s) service without notice, explanation or compensation and to fully reinstate the invoicing of the Customer by paper billing information.

The View My Bill(s) service is protected by means of a password protected security system which prevents third parties viewing a customer’s billing information. Users are solely responsible for the use and safekeeping of their password which should not be shared with any third party. If incorrect log-on details are entered on three consecutive occasions, access to the Service will be denied for 24 hours. Vodafone should be notified as soon as practicable of any known or suspected unauthorised use of a password. In the unlikely event that such information is disclosed to unauthorised third parties, Vodafone shall not be held liable for any loss or damage that may result.

Webtext

The terms and conditions under this heading relate to the 'Webtext' service only however, the other terms and conditions of this Site given above also apply to you and you are strongly advised to read them.

Registered users of the 'Webtext' Service may send up to 600 text messages free of charge from the Site in any 30 day period to any national or international mobile number.* The 30 day period commences on the date on which you first send a text message and is not related to any calendar period or Vodafone billing period. Once you have sent 600 text messages in the 30 day period, you will not be able to send any further free text messages until the commencement of the next 30 day period. However, you may continue to send text messages from your mobile phone in the normal way and you will be charged for these. (* Worldwide webtexts may not be delivered to certain international networks. However, webtexts will be delivered to any international destination in which a standard text is delivered. )

In order to use the webtext service a pay as you go customer must top up by €10 a month and a postpay user must ensure all bill payments are received in full. Failure to abide by these rules, may result in Vodafone suspending your access to the webtext service.

Webtexts cannot be used for sending to landlines or premium rate services. If your account is inactive, either for lack of credit, suspension or any other reason, you will be unable to use additional Vodafone services such as webtext. Vodafone may suspend your account should you misuse the webtext service.

 

Vodafone and MTV ringtones and logos

The terms and conditions under this heading relate to the Vodafone and MTV ringtone and logo services and the Vodafone Logo Builder service only (“the Ringtone and Logo Services”). However, the other terms and conditions of this Site given above also apply to you and you are strongly advised to read them.

The Ringtone and Logo Services enable customers to download certain ringtones and logos from this Site and/or by means of text message using certain mobile handsets. Please note that certain ringtones and logos may only be downloaded from this Site while other ringtones and logos may only be downloaded by means of text message using certain handset types. In particular:

  • Vodafone ringtones and logos may be downloaded both from this Site and by means of text message using Nokia and Motorola handsets. Vodafone ringtones and logos cannot be downloaded using any other handset type.
  • MTV ringtones and logos may only be downloaded by means of text message using Nokia, Motorola or Sagem handsets. MTV ringtones and logos cannot be downloaded from this Site or using any other handset type.
  • Vodafone Logo Builder logos may only be downloaded from this Site to Nokia handsets and cannot be downloaded by means of text message or to any other handset type.

All ringtones and logos downloaded as part of the Ringtone and Logo Services are provided for use in connection with your own mobile phone only and may not be transferred to any other mobile phone. In order to download a ringtone or logo by means of text message, you must send a text message containing the relevant keycode to the short code number notified by Vodafone from time to time.

You are responsible for any and all fees, charges and costs (including standard Vodafone WAP charges when you access the Ringtone and Logo Services by means of WAP) incurred by you whilst using the Ringtone and Logo Services. The charges shall appear on your Vodafone mobile bill or, if you are a pre-paid customer, your call credit will be deducted in the normal way. Please note that it may be necessary to send two (2) text messages to your mobile phone in order to deliver a MTV ringtone or logo if you are using a Nokia handset. In this event, you will be charged separately in respect of each text message (eg. if the standard cost in respect of a MTV ringtone or logo is €1.50 and it is necessary to send two (2) text messages in order to deliver the ringtone or logo to your Nokia handset, you will be charged €3.00).

The free ringtone subscription trial enables customers to receive the highest entry in the Irish music charts to their mobile phone in the form of a ringtone once each week for a period of four (4) weeks commencing on the date on which the customer subscribes for the free trial. You may subscribe for the free trial by sending a text message containing the word CHART to the short code number notified by Vodafone from time to time. You will be notified of the impending expiry of the free trial by means of a text message on the date on which you receive your final free ringtone. You may cancel your subscription for the free trial at any time by sending a text message containing the word CHART to the short code number nominated by Vodafone from time to time. Upon the expiry of the free trial period, you will be charged in respect of all ringtones received by you in accordance with the standard charges for the Ringtone and Logo Services as notified on this Site from time to time.

Service-specific information

Text alerts

The terms and conditions under this heading relate to the Vodafone Text Alert service only. However, the other terms and conditions of this Site given above also apply to you and you are strongly advised to read them.

The Text Alert service is an information service that allows you to receive information to your mobile phone by means of text message either instantly or at regular intervals. Once you have subscribed for one of the Text Alert services, you will be charged in respect of all text messages received by you until such time as you cancel your subscription in respect of that Text Alert service. Text messaging charges shall appear on your Vodafone mobile telephony bill or if you are a pre-paid customer your call credit will be deducted in the normal way. If you are a pre-paid customer of Vodafone and you subscribe to receive a Text Alert on a regular basis, you may continue to receive text messages on a regular basis even when you have no call credit. This may result in an immediate reduction in your call credit when you Top Up on the next occasion.

You may subscribe to receive one Text Alert service free of charge for a period of 30 days. This Text Alert service may only be chosen from the selection of text alert services nominated by Vodafone for this purpose from time to time. You may only subscribe to receive one free Text Alert service in any 12 month period. You will be notified of the impending expiry of the 30 day period by means of a text message 5 days in advance. Upon the expiry of the 30 day period, you will be charged in respect of all text messages received by you in the normal way. The free Text Alert service chosen by you may not be changed during the 30 day period. In the event that you cancel your subscription in respect of the free Text Alert service chosen by you before the expiry of the 30 day period, you will lose the benefit of the remaining 'free' days.

Chat and Mystery Date

The terms and conditions under this heading relate to the Vodafone Chat and Mystery Date services (“the Chat Services”) only. However, the other terms and conditions of this Site given above also apply to you and you are strongly advised to read them. Any use by you of the Chat Services shall be on the basis that you have read, understood and agreed with these terms and conditions. The terms and conditions below shall be in addition to the terms and conditions of the Vodafone mobile telephony service if you avail of the Chat Services using your mobile phone.

Please note that the sending of telecommunications messages which are grossly offensive or of an indecent, obscene or menacing character is a criminal offence. It is also a criminal offence to harass another person by use of the telephone. It is the policy of Vodafone to advise customers to report any such communications to the Gardaí and to afford the Gardaí every assistance in the investigation of such complaints and any criminal prosecutions that may arise therefrom.

The Chat Services are provided in conjunction with the Vodafone mobile telephony service and it is a condition of your use of the Chat Services that you are a current customer of the Vodafone mobile telephony service and have a mobile handset with appropriate capabilities. Vodafone makes no representations that the Chat Services are appropriate or available for use in or from locations other than the Republic of Ireland. Users who access the Chat Services from other locations do so on their own initiative and risk and are responsible for compliance with local laws.

The Chat Services are only available to Vodafone bill pay customers and registered Vodafone pre-paid customers (ie. Vodafone pre-paid customers who have registered their personal details with Vodafone) who have been Vodafone customers for a continuous period of six months immediately prior to registration for the Chat Services and who are over the age of 18. By registering for the Chat Services, you confirm to Vodafone that you are aged 18 years or older. In the event that Vodafone becomes aware that you are not aged 18 years or older, Vodafone reserves the right to terminate your access to the Chat Services without notice to you. By registering for the Chat Services, you agree that you will only access the Chat Services by means of your Vodafone post-paid or pre-paid mobile handset.

Please note that unless you send the text message CHAT EXIT to 53222 (or such other number as may be advised by Vodafone from time to time), you may continue to receive text messages from third parties who are not known to you. Vodafone expressly disclaims any responsibility or liability for any loss, injury or damage suffered by you or any other person arising or resulting from the contents of any communication received by you during the course of using the Chat Services or any reliance placed by you on any such communication.

Vodafone may at any time and without liability modify, suspend or discontinue the Chat Services (or any part or specification thereof), with or without notice, for any valid technical, operational or commercial reasons. Vodafone does not guarantee or warrant that any particular features of the Chat Services will be available to you at any given time.

You must ensure that any equipment used in conjunction with the Chat Services is technically compatible for use with the Chat Services and is used in accordance with any instructions, safety or security procedures applicable to that equipment. Vodafone has no responsibility for any such equipment.

The quality and availability of the Vodafone mobile telephony service is subject to certain limitations which may also affect the provision of the Chat Services. The suspension or termination of your Vodafone mobile telephony service account for any reason shall also lead to the suspension or termination of the Chat Services. If you use the Chat Services via the internet, you acknowledge that the Chat Services may not be available to you in the event that you are denied access to or unable to access the internet or this Site for reasons beyond Vodafone’s control. Vodafone shall not be responsible for your inability to use the Service in these circumstances.

Before using the Chat Services for the first time you will be required to register with Vodafone. Any information provided by you during registration must be complete and accurate. You must immediately inform Vodafone of any changes to the information supplied by you to Vodafone during registration. In particular, you must notify us immediately of any change in your mobile phone number, otherwise you may not be able to use the Chat Services. Also, if you cease to use the Vodafone mobile telephony service, you must inform Vodafone immediately. Vodafone will not be responsible otherwise.

You are entirely responsible for maintaining the integrity and security of any Chat Service account you open. When you register for the Chat Services you are required to choose a nickname. Vodafone may restrict the nickname you can choose. You agree to notify Vodafone immediately if your nickname or other registration information has or is likely to become known to person(s) not authorised to use it or is being or is likely to be used in an unauthorised manner. Vodafone reserves the right at its absolute discretion to require you to change your nickname at any time.

Payment for chat services

You are responsible for any and all Chat Service fees, charges and costs (including costs for the use of telecommunications lines) incurred by you whilst using the Chat Services or any other person using your Chat Service account. You will be charged for each message sent to and from your Chat Service account via text message. Text messaging charges shall appear on your Vodafone mobile telephony service bill or if you are a pre-paid customer your call credit shall be deducted in the usual way. Please note that unless you send the text message CHAT EXIT to 53222 (or such other number as may be advised by Vodafone from time to time), you may continue to receive text messages from third parties and you may be charged for receiving these. If you use the Chat Services via this Site you may incur certain charges imposed by your internet service provider.

Acceptable usage of chat services

You agree not to use or cause or permit the Chat Services to be used:

  • for any vulgar, improper, indecent, unlawful, abusive, threatening, defamatory or fraudulent purpose or to cause any injury, offence or annoyance to any person, or interfere with their enjoyment and use of the Service;
  • so as to jeopardise or prejudice the operation, quality or integrity of the Chat Services, or the operation, quality or integrity of any telecommunications network;
  • for any commercial purpose including any surveys, contests or pyramid schemes, nor to use the Chat Services to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material;
  • to harvest or otherwise collect personal information about others, including e-mail addresses, without their consent

You also agree:

  • to report to Vodafone any violation of these terms and conditions by other users;
  • to comply with all reasonable instructions or requests of Vodafone or an authorised authority in relation to the Chat Services or the investigation of any offences and to abide by all applicable laws and regulations (including copyright and intellectual property laws) licences, codes of practices and usage policies of connected networks;
  • that the Chat Services are for your personal non-commercial use only and you shall not resell, sub-licence or attempt to resell, sub-licence or otherwise exploit commercially the Chat Services (or any part thereof) or any material or information accessed via the Chat Services;
  • not to distribute, download, upload, publish or transmit any data material, information or software in a manner which may infringe the rights of third parties (including without limitation copyright, trademarks, trade secrets and other proprietary rights) or render Vodafone liable to the payment of damages to any third party;
  • not to use in any way any of Vodafone’s trademarks or other intellectual property or in any way represent yourself as being connected in any way with Vodafone without Vodafone’s express prior written consent;
  • not to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programmes;
  • not to attempt to gain unauthorised access to or interfere with the Service, other user accounts, computer systems or connected networks;
  • not to disguise the origin of any transmitted communication or impersonate any other person or entity;
  • to respect the privacy of other Chat Service users;
  • to notify Vodafone immediately of any unauthorised use of a Chat Service account or any other breach of security or any claim or legal proceedings against you relating to your use of the Chat Service;
  • not use the server capacity or any software made available to you in any way which in Vodafone’s opinion is or is likely to be detrimental to the operation or provision of the Chat Services or any third party’s rights.
  • to comply with the terms and conditions of any internet service provider whose services you may use.

You expressly understand and agree that your use of the Chat Services is at your own risk.

In particular, you assume all responsibility for:

  • taking adequate precautions against all errors, defects, interruptions or malfunctions in the provision of the Chat Services;
  • accessing, obtaining or transmitting information, materials, data, communications, messages, software and services via the Chat Services;
  • installing and executing anti-contamination software and otherwise taking steps to ensure that information, if contaminated or infected, will not damage any information or system;
  • all activities conducted through the use of any of your Chat Service accounts, whether authorised by you or not;
  • any dealings with advertisers, promoters or third party vendors on the internet, including the delivery of and the payment for goods and services;
  • evaluating the accuracy, reliability, correctness or completeness of any information learned by you whilst using the Chat Services (including information concerning companies, share prices, investments or securities) and evaluating any goods (including software) or services offered by any third parties via the Chat Services. Vodafone shall not be a party to or be in any way responsible for any transactions between you and such third parties.

The Chat Services are provided “as-is” and all conditions and warranties expressed or implied by statute or common law are excluded to the fullest extent permitted by law. In particular, Vodafone makes no warranties or representations:

  • as to the suitability, reliability, availability, timeliness, correctness, accuracy, or completeness of the Chat Services or any information, material or communications transmitted, obtained or accessed via the Chat Services;
  • that the Chat Services will meet your requirements or that the operation of the Chat Services will be uninterrupted, timely, secure or error-free or that any defect can or will be remedied;
  • to the extent that the operation of the Chat Services is dependent on third party service or content providers;
  • that information or materials obtained or accessed by you via the Chat Services will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties.

In no event shall Vodafone or third parties involved in the provision of the Chat Service be liable for any losses or damage, (other than death or personal injury caused by negligence), costs or expenses (including indirect loss or consequential loss of use, data, profits, business or anticipated savings) arising out of or in any way connected with:

  • the use of the Chat Services by you or other persons;
  • the provision of or failure to provide the Chat Services;
  • your dealing with any third parties via the Chat Services, including but not limited to advertisers, promoters, vendors or service providers;
  • any errors, defects, interruptions, malfunctions or delays in the provision of the Chat Services;
  • reliance placed on any information (including without limitation, information concerning companies, share prices, investments or securities) material, data, communication or messages obtained, accessed or transmitted through the Chat Services;
  • the timeliness, loss, corruption or overwriting of any information, material, data, communication or message;
  • any unauthorised access to or alteration of your computer system, software, messages, information or data otherwise arising out of the use of the Chat Services;
  • the suspension or termination of the Chat Services (or any part thereof);
  • the acts or omissions of other providers of telecommunications or information services or for faults or failures of their equipment or systems;

whether based in contract, tort, or otherwise, even if Vodafone or any of its suppliers has been advised of the possibility of such losses, damage, costs or expenses.

You agree to indemnify and hold Vodafone, its servants and agents harmless against any liability, loss, damage (including legal costs and fees), claims or proceedings (whether actual or threatened) which arise pursuant to the use of the Chat Services by you, your agents or any third party via your Chat Service account(s) or your breach of these terms and conditions

Chat services user information

Vodafone reserves the right from time to time to monitor, review, retain and/or disclose any information or content generated by you via the Chat Services as may be necessary to satisfy any applicable law, regulation, legal process, governmental request or law enforcement agency or ensure compliance with these terms and conditions.

Vodafone will not disclose to third parties any personal information about you or your use of the Chat Services without your prior permission unless Vodafone has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Vodafone; (3) enforce these terms and conditions; or (4) act to protect the interests of third parties (5) respond to service or technical issues. Vodafone may use personal information provided by you during registration for its own business purposes and in accordance with applicable data protection legislation. If you do not wish to receive any information about Vodafone’s products and services you should so advise Vodafone.

You acknowledge that information, messages, electronic mail or any other material passing or via text messaging may contain a reference to the identity or Vodafone number of the sender or may not be free from interference by third parties. Vodafone cannot guarantee the privacy or confidentiality of any information transmitted by or to you.

Vodafone reserves the right to remove or require the removal of any content generated by you or via your Service account if such content is in Vodafone’s sole discretion, in violation of these terms and conditions or is otherwise unlawful, harmful, defamatory, offensive or objectionable.

Suspension or termination of chat services

Vodafone may without notice suspend or terminate your access to the Chat Services wholly or partially for any valid reason, including, without limitation, where:

  • you fail to observe or perform any obligation set out herein (and in particular any User Obligations) or any relevant law, licence, regulation, code of practice or applicable usage policy; or
  • you fail to pay Vodafone any sums due in connection with the Chat Services; or
  • you supply false misleading or inaccurate information to Vodafone at any time; or
  • if for any reason Vodafone suspends or discontinues the Chat Services or is unable to supply the Chat Services (or any part thereof) to you;
  • the Vodafone mobile telephony service to you is suspended or terminated or you are no longer the registered owner of the mobile phone number given by you at registration;
  • Vodafone is required to do so by law or regulatory authorities or law enforcement organisations.

Where Vodafone exercises any of its rights or powers under this Clause such exercise shall not prejudice or affect the exercise of any other right, power or remedy which may be available to Vodafone or your accrued liabilities incurred prior to termination.

Upon suspension or termination, Vodafone shall have no obligation to maintain any content in any of your accounts or to forward any unread or unsent messages to you or any third party. Vodafone shall not be liable to you or any third party for any suspension or termination of your access to or use of the Chat Services.

General

These Terms and Conditions are governed by the laws of the Republic of Ireland and the parties submit to the non-exclusive jurisdiction of the Courts of the Republic of Ireland. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, 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 these terms and conditions shall continue in effect.

Any waiver, concession or extra time permitted by Vodafone is limited to the circumstances in which it is given and does not affect the rights of Vodafone under this contract in any way. In particular any delay by Vodafone in acting upon a breach does not constitute a waiver of that breach.

Any notices under this Agreement:

  • may be given to Vodafone by prepaid post at its registered office or by calling Vodafone customer care;
  • may be given to you by prepaid post at any billing address Vodafone may have for you or electronically at your selected email address.

The Vodafone Customer Care helpdesk handles technical queries concerning the operation and administration of the Site and Services.

 Vodafone Messenger terms and conditions

The terms and conditions under this heading relate to the Vodafone Messenger service ("the Messenger Service"). However, the other terms and conditions of this Site given above also apply to you and you are strongly advised to read them. Any use by you of the Messenger Service shall be on the basis that you have read, understood and agreed with these terms and conditions. Vodafone suggests that you print out and keep a copy of these terms and conditions for your records. We will make the current edition of these terms and conditions available on this Site for so long as the Messenger Service is available (subject to any temporary or unavoidable disruptions to the availability of this Site). The terms and conditions below shall be in addition to the terms and conditions of the Vodafone mobile telephony service if you avail of the Messenger Service using your mobile phone. You agree that once the Messenger Service has started with your agreement, you will lose your statutory right of cancellation under the European Communities (Protection of Consumers in respect of Contracts made by means of Distance Communication) Regulations 2001.

Please note that the sending of telecommunications messages which are grossly offensive or of an indecent, obscene or menacing character is a criminal offence. It is also a criminal offence to harass another person by the use of the telephone. It is the policy of Vodafone to advise customers to report any such communications to the Gardai and to afford the Gardai every assistance in the investigation of such complaints and any criminal prosecutions that may arise therefrom.

The Messenger Service is only available to Vodafone customers who are over the age of 18. By registering for the Messenger Service, you confirm to Vodafone that you are aged 18 years or older. In the event that Vodafone becomes aware that you are not aged 18 years or older, Vodafone reserves the right to terminate your access to the Messenger Service without notice to you.

Vodafone expressly disclaims any responsibility or liability for any loss, injury or damage suffered by you or any other person arising or resulting from the contents of any communication received by you during the course of using the Messenger Service or any reliance placed by you on any such communication. Please note that you may use the IGNORE USER facility if you wish to cease receiving messages from any particular user.

Please note that information that you access or receive by using the Messenger Service in relation to other users is entered by those users. Vodafone does not review or verify any of this information and this information may not be accurate or up to date. Information that you enter may be viewed by other users; please ensure that you only enter information that you are happy for other users to see. Whilst Vodafone offers privacy options to enable you to restrict the exposure of your information, please be aware that information which is not mandatory and which you complete at your option may be disclosed to other users and that the Messenger Service is vulnerable to security issues, which may put this information at risk. If you do not want to take this risk, you should not use this Messenger Service. Please note that in particular, you should not use this Messenger Service for confidential or valuable information or to send applications or receive applications which may cause damage.

You are solely responsible for ensuring that any material or information that you send or enter onto the Messenger Service, including but not limited to photos, text, sound and images does not infringe any third party's rights and is not sent, entered or retrieved without the consent of the owner of such rights.

Vodafone reserves the right to impose limitations of its choosing on the amount of storage space, temporary or otherwise, that Vodafone in its discretion provide you for the storage of messages. While Vodafone will endeavour to store all messages for a period of one month, Vodafone has no obligation to store any such materials for you. Vodafone does not store attachments. Vodafone recommends that you duplicate any data that you wish to keep in a secure storage facility. If you send a message to someone who is offline Vodafone will only hold and try to deliver that message for a limited time. Vodafone reserves the right to suspend or terminate your Messenger Service account where it remains inactive for any period of time chosen by Vodafone in its reasonable discretion or where Vodafone believes, in its sole and absolute discretion, that you are using the Messenger Service to send any "spam" or any other form of unsolicited communications or carry out any fraudulent or other activities which breach any part of these terms and conditions. If Vodafone intends to terminate or suspend your Messenger Service account due to inactivity (or if Vodafone decides to change the maximum permitted period of user inactivity) Vodafone shall endeavour to notify you in advance of taking such action.

Vodafone may at any time and without liability modify, suspend or discontinue the Messenger Service (or any part or specification thereof), with or without notice, for any valid technical, operational or commercial reasons. Vodafone may also limit the number of messages which you may send using the Messenger Service from time to time. Vodafone does not guarantee or warrant that any particular features of the Messenger Service will be available to you at any given time.

You must ensure that any equipment used in conjunction with the Messenger Service is technically compatible for use with the Messenger Services and is used in accordance with any instructions, safety or security procedures applicable to that equipment. Vodafone has no responsibility for any such equipment.

The quality and availability of the Vodafone mobile telephony service is subject to certain limitations which may also affect the provision of the Messenger Service. The suspension or termination of your Vodafone mobile telephony service account for any reason shall also lead to the suspension or termination of your Messenger Service account. If you use the Messenger Service via the internet, you acknowledge that the Messenger Service may not be available to you in the event that you are denied access to or unable to access the internet or this Site for reasons beyond Vodafone's control. Vodafone shall not be responsible for your inability to use the Messenger Service in these circumstances.

Before using the Messenger Service for the first time you will be required to register with Vodafone. Any information provided by you during registration must be complete and accurate. You must immediately inform Vodafone of any changes to the information supplied by you to Vodafone during registration. In particular, you must notify us immediately of any change in your mobile phone number, otherwise you may not be able to use the Messenger Service. Also, if you cease to use the Vodafone mobile telephony service, you must inform Vodafone immediately. Vodafone will not be responsible otherwise.

You are entirely responsible for maintaining the integrity and security of any Messenger Service account you open. When you register for the Messenger Service you are required to choose a nickname. Vodafone may restrict the nickname you can choose. You agree to notify Vodafone immediately if your nickname or other registration information has or is likely to become known to person(s) not authorised to use it or is being or is likely to be used in an unauthorised manner. Vodafone reserves the right at its absolute discretion to require you to change your nickname at any time.

The Messenger Service may be used to send multiple messages to other users via WAP and this Site. However the Messenger Service can not be used to send multiple messages via text message. Messages sent from your Messenger Service account via text message may only be sent to single users.

Payment for Messenger service

You are responsible for any and all Messenger Service fees, charges and costs (including costs for the use of telecommunications lines) incurred by you whilst using the Messenger Service or any other person using your Messenger Service account. You will be charged for each message sent from your Messenger Service account via text message in the normal way. Text messaging charges shall appear on your Vodafone mobile telephony service bill or if you are a pre-paid customer your call credit shall be deducted in the usual way. If you use the Messenger Service via WAP, normal WAP via GPRS charges shall apply. If you use the Messenger Service via this Site, you will not be charged in respect of the first thirty (30) messages sent to each recipient. You may also incur certain charges imposed by your internet service provider.

Software licence

In order to use the Messenger Service on your PC, you will need to download software provided by us. This software is licensed to you by Vodafone on a non exclusive basis only for your private personal use and only for such time as Vodafone makes the Messenger Service available to you. You may only use this software in order and to the extent necessary to use the Messenger Service. All software is owned by Vodafone and/or its suppliers and any reproduction or redistribution of the software is expressly prohibited by law.

Acceptable usage of the Messenger service

You agree not to use or cause or permit the Messenger Service to be used:

  • for any vulgar, improper, indecent, unlawful, abusive, threatening, defamatory or fraudulent purpose or to cause any injury, offence or annoyance to any person, or interfere with their enjoyment and use of the Messenger Service;
  • so as to jeopardise or prejudice the operation, quality or integrity of the Messenger Services, or the operation, quality or integrity of any telecommunications network;
  • for any commercial purpose including any surveys, contests or pyramid schemes, nor to use the Messenger Service to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material;
  • to harvest or otherwise collect personal information about others, including e-mail addresses, without their consent.

You also agree:

  • to report to Vodafone any violation of these terms and conditions by other users;
  • to comply with all reasonable instructions or requests of Vodafone or an authorised authority in relation to the Messenger Service or the investigation of any offences and to abide by all applicable laws and regulations (including copyright and intellectual property laws) licences, codes of practices and usage policies of connected networks;
  • that the Messenger Service is for your personal non-commercial use only and you shall not resell, sub-licence or attempt to resell, sub-licence or otherwise exploit commercially the Messenger Service (or any part thereof) or any material or information accessed via the Messenger Service;
  • not to distribute, download, upload, publish or transmit any data material, information or software in a manner which may infringe the rights of third parties (including without limitation copyright, trademarks, trade secrets and other proprietary rights) or render Vodafone liable to the payment of damages to any third party;
  • not to use in any way any of Vodafone's trademarks or other intellectual property or in any way represent yourself as being connected in any way with Vodafone without Vodafone's express prior written consent;
  • not to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programmes;
  • not to attempt to gain unauthorised access to or interfere with the Messenger Service, other user accounts, computer systems or connected networks;
  • not to disguise the origin of any transmitted communication or impersonate any other person or entity;
  • to respect the privacy of other Messenger Service users;
  • to notify Vodafone immediately of any unauthorised use of a Messenger Service account or any other breach of security or any claim or legal proceedings against you relating to your use of the Messenger Service;
  • not use the server capacity or any software made available to you in any way which in Vodafone's opinion is or is likely to be detrimental to the operation or provision of the Messenger Service or any third party's rights.
  • to comply with the terms and conditions of any internet service provider whose services you may use. You expressly understand and agree that your use of the Messenger Services is at your own risk.

In particular, you assume all responsibility for:

  • taking adequate precautions against all errors, defects, interruptions or malfunctions in the provision of the Messenger Service;
  • accessing, obtaining or transmitting information, materials, data, communications, messages, software and services via the Messenger Service;
  • installing and executing anti-contamination software and otherwise taking steps to ensure that information, if contaminated or infected, will not damage any information or system;
  • all activities conducted through the use of any of your Messenger Service accounts, whether authorised by you or not;
  • any dealings with advertisers, promoters or third party vendors on the internet, including the delivery of and the payment for goods and services;
  • evaluating the accuracy, reliability, correctness or completeness of any information learned by you whilst using the Messenger Service (including information concerning companies, share prices, investments or securities) and evaluating any goods (including software) or services offered by any third parties via the Messenger Service. Vodafone shall not be a party to or be in any way responsible for any transactions between you and such third parties.

Liability

The Messenger Service is provided "as-is" and all conditions and warranties expressed or implied by statute or common law are excluded to the fullest extent permitted by law. In particular, Vodafone makes no warranties or representations:

  • as to the suitability, reliability, availability, timeliness, correctness, accuracy, or completeness of the Messenger Service or any information, material or communications transmitted, obtained or accessed via the Messenger Service;
  • that the Messenger Service will meet your requirements or that the operation of the Messenger Service will be uninterrupted, timely, secure or error-free or that any defect can or will be remedied;
  • to the extent that the operation of the Messenger Service is dependent on third party service or content providers;
  • that information or materials obtained or accessed by you via the Messenger Service will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties.

You are advised that for reasons beyond Vodafone's 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 Vodafone has no control. Unwanted programmes or material may be downloaded without your knowledge, which may give unauthorised persons access to your mobile phone or other access device and the information stored on your mobile phone or other access device. These programmes may perform actions that you have not authorised, possibly without your knowledge. You understand and agree that any material and/or data downloaded or otherwise obtained from the Messenger Service is done at your own discretion.

In no event shall Vodafone or third parties involved in the provision of the Messenger Service be liable for any losses or damage, (other than death or personal injury caused by negligence), costs or expenses (including indirect loss or consequential loss of use, data, profits, business or anticipated savings) arising out of or in any way connected with:

  • the use of the Messenger Service by you or other persons;
  • the provision of or failure to provide the Messenger Service;
  • your dealing with any third parties via the Messenger Service, including but not limited to advertisers, promoters, vendors or service providers;
  • any errors, defects, interruptions, malfunctions or delays in the provision of the Messenger Service;
  • reliance placed on any information (including without limitation, information concerning companies, share prices, investments or securities) material, data, communication or messages obtained, accessed or transmitted through the Messenger Service;
  • the timeliness, loss, corruption or overwriting of any information, material, data, communication or message;
  • any unauthorised access to or alteration of your computer system, software, messages, information or data otherwise arising out of the use of the Messenger Service;
  • the suspension or termination of the Messenger Service (or any part thereof);
  • the acts or omissions of other providers of telecommunications or information services or for faults or failures of their equipment or systems;

whether based in contract, tort, or otherwise, even if Vodafone or any of its suppliers has been advised of the possibility of such losses, damage, costs or expenses.

You agree to indemnify and hold Vodafone, its servants and agents harmless against any liability, loss, damage (including legal costs and fees), claims or proceedings (whether actual or threatened) which arise pursuant to the use of the Messenger Service by you, your agents or any third party via your Messenger Service account(s) or your breach of these terms and conditions

Messenger service user information

Vodafone reserves the right from time to time to monitor, review, retain and/or disclose any information or content generated by you via the Messenger Service as may be necessary to satisfy any applicable law, regulation, legal process, governmental request or law enforcement agency or ensure compliance with these terms and conditions.

Vodafone will not disclose to third parties any personal information about you or your use of the Messenger Service without your prior permission unless Vodafone has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Vodafone; (3) enforce these terms and conditions; (4) act to protect the interests of third parties; or (5) respond to service or technical issues. Vodafone may use personal information provided by you during registration for its own business purposes and in accordance with applicable data protection legislation. If you do not wish to receive any information about Vodafone's products and services you should so advise Vodafone.

You acknowledge that information, messages, electronic mail or any other material passing or via text messaging may contain a reference to the identity or Vodafone number of the sender or may not be free from interference by third parties. Vodafone cannot guarantee the privacy or confidentiality of any information transmitted by or to you.

Vodafone reserves the right to remove or require the removal of any content generated by you or via your Messenger Service account if such content is, in Vodafone's sole discretion, in violation of these terms and conditions or is otherwise unlawful, harmful, defamatory, offensive or objectionable.

Vodafone rights

All copyright and other intellectual property rights in any material (including text, photographs, videos, graphics, logos, music, sound and other material images) contained in this Messenger Service or the internet access software that you use to access the Messenger Service is either owned by us or has been licensed to us by the rights owner(s) for use with our Messenger Service. You are only allowed to use this Messenger Service as set out in these terms and conditions.

The word or mark "Vodafone" however represented, including stylised representations, all associated logos and symbols, and combinations of any of the foregoing with another word or mark, are the trade marks of Vodafone or one of the Vodafone Group companies or third parties. ALL RIGHTS RESERVED.

Suspension or termination of Messenger service

Vodafone may without notice suspend or terminate your access to the Messenger Service wholly or partially for any valid reason, including, without limitation, where:

  • you fail to observe or perform any obligation set out herein or any relevant law, licence, regulation, code of practice or applicable usage policy; or
  • you fail to pay Vodafone any sums due in connection with the Messenger Service; or
  • you supply false misleading or inaccurate information to Vodafone at any time; or
  • if for any reason Vodafone suspends or discontinues the Messenger Service or is unable to supply the Messenger Service (or any part thereof) to you;
  • the Vodafone mobile telephony service to you is suspended or terminated or you are no longer the registered owner of the mobile phone number given by you at registration;
  • Vodafone is required to do so by law or regulatory authorities or law enforcement organisations.

Where Vodafone exercises any of its rights or powers under this clause such exercise shall not prejudice or affect the exercise of any other right, power or remedy which may be available to Vodafone or your accrued liabilities incurred prior to termination.

Upon suspension or termination, Vodafone shall have no obligation to maintain any content in any of your accounts or to forward any unread or unsent messages to you or any third party. Vodafone shall not be liable to you or any third party for any suspension or termination of your access to or use of the Messenger Service.

Sending picture messages to email addresses

  1. Vodafone’s MMS to email service (“the Service”) will allow Vodafone pay as you go and bill pay customers (the Sender) to send picture messages to email addresses (the Recipient) and will then allow the Recipient of the picture message to reply within 14 days of receipt to the Sender once and for free (i.e. Vodafone will not charge the Sender or the Recipient for the reply message. If the recipient is using a commercial/charging email service this is a matter between the Recipient and their email service provider). The free reply option expires are 14 days. Vodafone’s standard charges will apply to the Sender’s original picture message to the Recipient. The Service relates to picture messages only and does not include video messages.
  2. The Recipient’s reply message will be delivered to the Sender’s handset as a long text message of up to 1000 characters.
  3. The following email addresses currently support the Service: Yahoo.com (covers all versions of yahoo such as yahoo.co.uk), Aol.com, Excite.com, Outlook releases 97 to XP, Outlook Express 5 and 6, Lotus Notes 5, Eircom.net, Vodafone.ie, Hotmail.com. Some email service providers may not support this Service, please check with the Recipients' email service provider if you or your intended recipient experience difficulties.
  4. Unfortunately all handsets do not support MMS to email, new handsets will be supported as we continue to develop the Service, please check with Vodafone for details of supported handsets.
  5. The list of email providers that support the Service, handsets that support the Service, Service functionality and the time limit for the free reply are subject to change from to time.

Competitions on Vodafone live! Mobile Internet

From time to time Vodafone promotes competitions on Vodafone live! Mobile Internet. The prizes and details of these competitions vary and the exact details are available on live.

Standard Terms and Conditions are as follows

  1. This competition runs from a date to a date as specified on Vodafone live!
  2. To enter this competition you must correctly answer the competition question that appears on Vodafone live! on the day you enter between the above dates inclusive. Should you also need to be over 18 years of age this will be specified on Vodafone live! Entrants can access Vodafone live! using WAP airtime/GPRS at the standard rate in accordance with their Vodafone tariff.
  3. This promotion is only open to residents of the Republic of Ireland. Employees of Vodafone and its appointed agents are excluded. Only entries made in accordance with these terms and conditions shall be valid and Vodafone accepts no responsibility or liability for entries or information that are lost or undelivered to Vodafone.
  4. Persons entering the competition will be deemed to have accepted these terms and conditions upon submission of their answer to the competition question.
  5. Entries must be strictly in accordance with these terms and conditions. Any entry not in strict accordance with these terms and conditions will be deemed to be invalid and no prizes will be awarded in respect of any such entry. Entries from agents/third parties are invalid.
  6. Vodafone accepts no responsibility or liability for entries or information relating to entries that are lost or undelivered to Vodafone.
  7. An independent judge will pick the winning entry at random from all correct and valid entries received by the closing date. The winner will be notified by phone or email within 5 days of the closing date.
  8. The result of the draw and the decision of the independent judge is final. No correspondence will be entered into.
  9. There are either one or more prizes as specified on Vodafone live! The prize(s) are non-transferable and may not be redeemed for cash.
  10. Vodafone reserves the right at its sole discretion to alter the prize or substitute the prize with cash to the same value for any reason and without notification. In the event that the winner declines the prize awarded to him/her, Vodafone may award the prize to another entrant.
  11. By accepting the prize, the winner grants Vodafone the right to use and publish his/her name and picture in such media as Vodafone may choose (including but not limited to the internet) for advertising and promotional purposes without additional consideration. Vodafone may also publish and/or disclose the results of the competition including the winner's name and details of entry.
  12. Vodafone reserves the right to suspend or terminate the competition or amend these terms and conditions at any time for any valid technical or commercial reason. 

Promoter: Vodafone Ireland Limited.

Registered office: MountainView, Leopardstown, Dublin 18.