Terms & Conditions 1.0 EMTEL'S WEBSITE SERVICEAccess and use of the Emtel Website is subject to the terms and conditions of the present agreement. When using Emtel Website, you accept and agree to be bound by the terms and conditions. If you do not wish to be bound by these terms and conditions, you may not use the mobile/SMS/Website services.2.0 DEFINITIONS"Distributor" means any Supplier, aggregator or other third party that may provide the Service to you on our behalf;"Information" means all material delivered by Emtel through the mobile and/or SMS and/or Website Site services; "Network Operator" means Emtel Ltd; "Service(s)" means any mobile/SMS/Website service provided by Emtel (whether alone or in conjunction with its Suppliers); "Emtel", "us", "our" means Emtel Ltd with its principal place of business at Ebene Cybercity, Ebene; "you", "your", "yourself" means you, the service end user or Emtel Subscriber; and "Website" means the Emtel Website (www.emtel-ltd.com) accessed via the internet. 3.0 PERSONAL AND NON-COMMERCIAL USE LIMITATIONUnless otherwise specified, Emtel Website is for the subscriber personal and non-commercial use. The website may not be used for any other purpose including without limitation, publication, reproduction or transmission nor provided to any other person and you are not permitted to amend any of the contents of the website or service(s) unless expressly permitted by us.All rights not expressly granted are reserved to us and our licensors as appropriate. 4.0 NO UNLAWFUL OR PROHIBITED USEAs a condition of the subscriber use of the Service, the subscriber will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The subscriber may not use the Service in any manner that could damage, disable, overburden, or impair any Service(s) (or the network(s) connected to any Service(s)) or interfere with any other party's use and enjoyment of any Service(s). The subscriber may not attempt to gain access to any Service, other accounts, computer systems or networks connected to any Service, through hacking, password mining or any other means. The subscriber may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.5.0 USE OF EMTEL WEBSITE/WEBSITE SERVICESThe Service may contain links to short message services, news, ringtones, reminders calendars and/or other message or communication facilities designed to enable the subscriber to communicate with others. By way of example, and not as a limitation, the subscriber agrees that when using a Service, the subscriber will not:-
Emtel reserves the right to review materials posted to a Service and to remove any materials at its sole discretion. Emtel reserves the right to terminate the subscriber access to any or all of the Services at any time, without notice, for any reason whatsoever. Emtel reserves the right at all times to disclose any information as Emtel deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Emtel's sole discretion. 6.0 DISCLAIMER OF WARRANTIES/PROMISESEmtel makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, products, services and related graphics contained within the Emtel Website for any purpose. All such information, products, services and related graphics are provided "as is" without warranty of any kind. Emtel hereby disclaims all warranties and conditions with regard to this information, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.In no event shall Emtel be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Emtel website, with the delay or inability to use the Emtel website or related services, the provision of or failure to provide service/s, or for any information, products, services and related graphics obtained through the Emtel website service, or otherwise arising out of the use of the Emtel website, whether based on contract, tort, negligence, strict liability or otherwise, even if Emtel or any of its suppliers has been advised of the possibility of damages. Emtel shall not be liable for any damages whatsoever which the Subscriber may suffer as a result of a compromise of the access, any interruption, malfunction, downtime or other failure of the access to Emtel website or any component thereof for whatever reason; any loss or damage with regard to subscribers’ or any other data directly or indirectly caused by malfunction of the Emtel website, power failures, unlawful access to or theft of data, computer viruses; any other event outside the direct control of Emtel. For components of the Service(s) which are supplied to us and/or to you directly by third parties, Emtel can make no promises, express or implied as to such elements of the Service(s), including without limitation, its accuracy, relevance or quality. The Service(s) is/are subject to the limitations of the enabling technology on which it/they rel(ies)(y) and may be adversely affected by network performance and other technological or operational factors beyond our control such as congestion, network coverage, dropped connections and the performance of your mobile device. In relation to those components of the Service(s) under our control, Emtel will always seek to uphold the rights that you are entitled to at law including your right to receive a satisfactory service from us and Emtel will seek to correct any errors or omissions that are brought to our attention. Other than in respect of these rights, the Service(s) is/are provided on an "as is" or "as available" basis and Emtel make no promises or representations, whether express or implied, in relation to the Service(s), including but not limited to implied promises or conditions of completeness and accuracy. Where the Service(s) is/are provided to you directly by a Distributor, the take up and use of th(is)(ese) Service(s) by you may be subject to the Distributors own terms and conditions. However, you will remain bound by these terms and conditions to us where applicable and in the event of a conflict between the Network Operator's terms and conditions and these terms and conditions, these terms and conditions shall prevail. 7.0 PARENTAL RESPONSIBILITYEmtel is concerned about the safety and well being of all our users, but children in particular. Parents or guardians who allow their children to use the website/ website services should take care to supervise and assist their children. Emtel reminds you that the Services are designed to appeal to a wide audience. As the legal guardians, Emtel reminds parents and guardians that it is their responsibility to supervise children and to determine whether particular Services are suitable for their child.
You acknowledge that all copyright, trade marks and all other intellectual property rights in the Service(s) and Information shall remain vested in us or our licensors. |
