These terms and conditions apply to the supply of the VodafoneBulk Text service (the "Service") and are in addition to and formpart of the Vodafone terms and conditions of the use of the mobiletelecommunications services. By continuing to register and/or use the Serviceyou agree to be bound by these Terms and Conditions..
“Adult or Gambling related service”
any Service that involves gambling, betting, adult, sex or over18 services or information;
means the customer to whom Vodafone has agreed to provide theServices and whose details appear on the Order Form or in the definition ofParties at the beginning of this Agreement;
“Data Protection Legislation”
means all applicable laws implementing Directives 95/46/EC,97/66/EC and 2002/58/EC of the European Parliament and the Council, and anysubsequent legislation replacing, amending or supplementing the foregoing,concerning the protection, inter alia, of personal data and privacy
“Distance Selling Regulations”
Means the EC (Protection ofConsumers in respect of contracts made by means of distance communication)Regulations 2001.(S.I. 207 of 2001) as amended by the EC (Protection ofConsumers in respect of contracts made by means of distance communication)(Amendment)Regulations 2005(S.I. 71 of 2005) (collectively “the Regulations”).
means the fees published by or on behalf of Vodafone from timeto time on the Website or agreed with the Customer and payable in euros;
The Regulatory of Premium Rate Telecommunications Services whosecodes of practice and guidelines are held at http://www.comreg.ie
“Intellectual Property Rights”
any intellectual property rights or other proprietary rightsincluding but not limited to copyright, design rights, trade marks or names andpatents in each case whether registered or unregistered names;
any Websites owned and operated by Vodafone through which aCustomer can access the Services and accessible via the internet;
means the Customer’s request for the Services;
means the Customer sign-up pages as displayed by or on behalf ofVodafone on the Website;
means any services provided by Vodafone to the Customer underthrough the Website;
2 Application of Terms andConditions
2.1 These Terms and Conditionstogether with any Order Form or agreement specifically entered into between theCustomer and Vodafone relating to the Service govern the relationship betweenVodafone and the Customer. Vodafone may from time to time amend theseConditions and any such amendment will be displayed on the appropriate Vodafonewebsite at least one month prior to the implementation of the amendment. Shouldthe Customer place an Order or continue to use any of the Services followingimplementation of an amendment it will be deemed to have accepted theamendment.
3 Obligations of the Customer
3.1 The Customer shallnot:
3.1.1 submit to Vodafone anyOrder that it knows or should (after reasonable enquiry) have discovered,infringes or might reasonably be considered to infringe the IntellectualProperty Rights of any third party;
3.1.2 use the Services in anyway that might reasonably be considered to infringe the rights of any thirdparty, including but not limited to trademark infringement, copyright infringement,passing off and defamation.
3.1.3 reverse engineer,de-code or in any way disassemble any software provided by Vodafone or itsagents in relation to the provision of the Services;
3.1.4 use the Services to sendSMS text messages or any other form of messaging, promotional materials, junkmail, spam, chain letters or other form of solicitation to any number unlessthat number has been obtained and the message sent in accordance with DataProtection Legislation;
3.1.5 use the Services tocommunicate, reproduce, transmit, store or knowingly receive any material thatis offensive, abusive, indecent, defamatory, obscene, menacing or in breach ofconfidence.
3.1.6 enter any incorrect orincomplete name, business name, address, email address, telephone number or anyother false information on any Order Form or otherwise enter informationintended to conceal the Customer’s identity. The Customer further acknowledgesthat it is its responsibility to notify Vodafone of any changes to its detailsand to ensure that those details provided are kept up to date.
3.2 In the event of anybreach of the provisions of clause 3.1 by the Customer, Vodafone reserves theright forthwith to withdraw, suspend or cancel the Services.
3.3 The Customeracknowledges that it is solely responsible for maintaining adequate insurancecover in respect of any loss or damage relating to the provision of theServices and further the customer acknowledges that they are solely responsiblefor adhering to and complying with all applicable legislation and in particularall Data Protection Legislation in relation to the Services. Vodafone takes noresponsibility howsoever arising for breaches of Data Protection Legislationfrom use of this Service.
3.4 The Customeracknowledges that the internet is not a completely secure medium of communication,and acknowledges that any information that the Customer inputs on the Websiteor sends to Vodafone on the Website, Vodafone is not and will not beresponsible for any damages the Customer may suffer as a result of the loss ofconfidentiality of such information.
3.5 The Customerwarrants, represents and undertakes that it will obtain all necessary licensesand consents in respect of any material transmitted or stored using theServices prior to posting such material;
3.6 The Customer warrants,represents and undertakes that any material transmitted or stored using theServices and any material linked to or referred to by way of the Services isnot offensive, abusive, indecent, defamatory, obscene, menacing, in breach ofconfidence, and/or does not infringe the Intellectual Property Rights of anythird party or contain a virus or other hostile code or constitute or encouragea criminal offence;
3.7 The Customerwarrants, represents and undertakes that it will not nor will it permit or authoriseany other party to use the Services in breach of any law or regulation;
3.8 The Customerwarrants, represents and undertakes that it will not nor will it permit orauthorise any other party to use the Services in any way which is or may be detrimentalto Vodafone or its agents;
3.9 The Customerwarrants, represents and undertakes to abide by any limitations imposed byVodafone and to keep secure any confidential information provided by Vodafoneincluding any passwords.
3.10 The Customer warrants,represents and undertakes to abide by all Data Protection Legislationprovisions including (but not limited to ) providing an Opt-Out short code onall Direct Marketing Communications that may be disseminated by the Customerthrough the use of this Service.
4 Obligations and Rights of Vodafone
4.1 In the event that theCustomer submits any Order or uses any or all of the Services in such a way asmay in Vodafone’s opinion expose Vodafone to the risk of legal or otherproceedings or expose Vodafone to loss or damage of any kind, Vodafone reservesthe right to refuse to process or continue processing any Order or to withdraw,suspend or cancel the Services or take any other action as it in its absolutediscretion it sees fit.
4.3 From time to timeVodafone and its agents may contact the Customer in writing, by telephone or bymeans of email or text message regarding specific offers or information onproducts or services.
5.1 The Customer shallpay to Vodafone the Fees, inclusive of any additional costs incurred byVodafone in processing an Order (subject to clause 5.4).
5.2 The Fees shall bepaid by the Customer, as detailed in this Agreement, the Order Form and anyagreement specifically entered into between the Customer and Vodafone, withoutset off or counterclaim.
5.3 The Customeracknowledges that the provision of the Services is conditional on Vodafonereceiving payment of the Fees in full and in the event of non payment of Feesor suspected fraudulent activity in relation to payment of Fees by theCustomer, Vodafone reserves the right forthwith to withhold, suspend or cancelthe Services.
5.4 The Customeracknowledges that occasionally unforeseen charges are incurred in processingOrders. Vodafone shall obtain the Customer’s consent in writing or by emailbefore incurring such charges.
5.5 Interest will becharged on overdue accounts at a rate of 4 % above the base rate from time totime in force of The Governor and Company of the Bank Of Ireland or such otherrate as may be published on the Website. Such interest will be calculated on adaily basis from the date payment was due until the date payment is received(including any time following the entry of judgement) and will be compoundedmonthly.
6 Cancellation, Refunds and Credits
6.1 The Customer shallnot be entitled to any refund of Fees or a credit against any future Order.
6.2 In entering into anAgreement with Vodafone the Customer acknowledges that performance of theAgreement will begin immediately and that it is hereby forfeiting its right tocancel the Agreement under the Distance Selling Regulations.
6.3 The Customer acceptsthat any use of the Services by the Customer will amount to a waiver by theCustomer of its right to cancel the Agreement under the Distance SellingRegulations.
The Customer shall indemnify and keep indemnified Vodafone andany of its employees, representatives, agents, suppliers and/or sub-contractorsfully from and against all liability, claims, costs, losses, loss of profits,expenses, business interruption, and other pecuniary or consequential loss(including reasonable legal costs and expenses) suffered or incurred as aresult of:-
(i) access to and/oruse of the Services by the Customer;
(ii) any information,data or material produced, transmitted or downloaded by the Customer;
(iii) any breach by theCustomer of any of the provisions of these Conditions or of any law, code orregulation relating thereto or to the internet including for the avoidance ofdoubt the Data Protection Legislation.
(iv) any use of theServices that infringes Intellectual Property Rights or which causes a claimthat Intellectual Property Rights have been infringed;
(v) any materialdelivered or displayed that infringes Intellectual Property Rights or whichcauses a claim that Intellectual Property Rights have been infringed;
8 Limitation of Liability
8.1 Vodafone warrants tothe Customer that the Services will be provided using reasonable care andskill.
8.2 Except as set outexpressly in these conditions, Vodafone excludes all conditions, terms,warranties and representations (other than fraudulent representations) inrelation to the whole or part of the Services whether imposed by statute oroperation of law or otherwise including but not limited to implied warrantiesor conditions of accuracy, completeness, satisfactory quality and fitness for aparticular purpose.
8.3 Whilst Vodafone makesno attempt in the Agreement to limit its liability for death or personal injuryarising from its negligence, in no circumstances shall Vodafone be liable incontract, tort (including negligence or breach of statutory duty) or otherwisehowsoever, and whatever the cause thereof for:
8.3.1 any increased costs orexpenses;
8.3.2 any loss of profit,business, contracts, revenues, or anticipated savings;
8.3.3 the consequences of anyfailed or undelivered sms text messages;
8.3.4 any claims that the Customerinfringed Intellectual Property Rights;
8.3.5 the consequences of anysoftware bugs, errors or interruption in the Services;
8.3.6 any changes in any ofVodafone’s facilities, operations, procedures, products or Services whichrender obsolete or require modification of or alteration to the Customer’sequipment or software; or
8.3.7 any special indirect orconsequential damage of any nature whatsoever, arising directly or indirectlyout of the provision by Vodafone of the Services or the performance by Vodafoneof its obligations under these Terms and Conditions, any Order Form. or anyagreement specifically entered into between Vodafone and the Customer.
8.3.8 the consequences of anyusage of the Services by a Customer or the Customers customers that break orare suspected of breaking any COMREG codes of practice or other regulations,codes of practice, legislation or applicable laws.
8.4 Notwithstandinganything contained in the Agreement Vodafone’s liability to the Customer incontract, tort (including negligence or breach of statutory duty) or howsoeverotherwise arising, shall be limited to the Fees paid by the Customer for theServices.
8.5 Where the Servicesare performed under a consumer transaction the statutory rights of the Customerare not affected by these Conditions.
9 Suspension and Termination
9.1 Without prejudice toany of its other rights either party shall have the right to immediatelyterminate the Agreement and Vodafone may also suspend or restrict the Servicesto the Customer, if:
9.1.1 the Customer commits anymaterial or repeated breach of the Agreement and/or, fails to remedy any breachwhich is capable of being remedied within fourteen days of receipt of a noticerequiring it to remedy such breach. For the purpose of this clause a breach ofclauses 3, 4 or 5 may be deemed a non-remediable breach and Vodafone mayimmediately suspend or restrict the Services without notice to a Customerbreaching these clauses. In the case of a suspected breach by the CustomerVodafone will take whatever steps it believes necessary to investigate and resolvematters;
9.1.2 the other is unable topay its debts or enters into compulsory or voluntary liquidation (other thanfor the purpose of affecting a reconstruction or amalgamation in such mannerthat the company resulting from such reconstruction or amalgamation if adifferent legal entity shall agree to be bound by and assume the obligations ofa relevant party under the Agreement) or compounds with or convenes a meetingof its creditors or has a Receiver or Manager or an Administrator appointed overits assets or ceases for any reason to carry on business or takes or suffersany similar action which in the opinion of the party terminating means that theother may be unable to pay its debts.
10 Proprietary Rights
The Customer acknowledges that all title, rights and interest inthe Services shall remain with Vodafone and/or its suppliers and that theCustomer shall not under any circumstances obtain any proprietary rights inrespect of the Services.
11 Contact Policy
From time to time Vodafone and its agents may contact you inwriting, by telephone or by means of email or text message regarding specificoffers or information on products or services. By signing up to the VodafoneBulk Text Account you explicitly consent to the use of your customerinformation for such contact. This includes the processing of your informationfor the purpose of marketing or promotion.
If you do not wish to receive details of such promotions you mayupdate your preferences at any time by calling 1907 if you are a Vodafonemobile or fixed customer or cancelling the Vodafone bulk text service.
12 Vodafone Bulk TextPromotion
The terms and conditions under this heading relate to the 500free Vodafone Bulk Text credits promotion (the ‘Promotion’). By availing of thePromotion, you agree to be bound by these Terms and Conditions.
12.1 The Promotion is only available to eligiblepersons who are not already a Vodafone Bulk Text Customer. New customers may beinvited to sign up at a Vodafone event, in a Vodafone retail store or mayreceive a promotion text message or email with a promotional code. Eligibilityis determined by Vodafone.
12.2 The Promotion entitles you to 500 free VodafoneBulk Text credits (‘Promotional Credits’) when you register as a new customerfor the Vodafone Bulk Text product on bulktext.vodafone.ie.
12.3 By registering as a new customer for theVodafone Bulk Text product, you will accept the Vodafone Bulk Text Serviceterms and conditions. These Promotion terms and conditions apply to addition tothese terms and conditions.
12.4 When you register for Vodafone Bulk Text withthe promotion code 500 Promotional Credits are automatically applied to yournew account. Once you have used your 500 Promotional Credits you can choose topurchase additional bundles using your credit or debit card.
12.5 Only customers who create a Vodafone Bulk TextAccount on or before 30th November 2015 can avail of the Promotion. Vodafonereserves the right to vary or extend this date at any time.
12.6 All Promotional Credits will expire at midnighton the 30th April 2016. Vodafone reserves the right to vary or extend thisdate at any time.
12.7 All instructions and descriptions form part ofthese terms and conditions.
12.8 The promotional credits received on your BulkText Account cannot be exchanged for cash or goods, are not transferable andmust not be traded in any way.
12.9 Vodafone reserves the right to withdraw thisPromotion at any time and/or to vary or amend any element of the Promotion atany time without further notice.
12.10 Vodafone reserves the right to vary or amend theseterms and conditions for valid commercial, technical or operational reasons.
12.11 Except as expressly provided in these terms andconditions, all conditions, terms, warranties and representations whetherexpress or implied by law in relation to the provision of the Promotion areexcluded to the fullest extent permitted by law.