SMS Service Terms and Conditions

SMS Service

These Terms of service constitute a legal "Agreement"; please read them carefully.

By downloading mobile content, entering a mobile phone competition or subscribing to a mobile SMS Service such as a subscription service or once off information service (“Service”) you agree to be bound by the terms and conditions of this Agreement. In this Agreement, "you" and "your" refer to each customer (including the subscriber of a participating mobile communications carrier on whose behalf you are entering into this Agreement) and his or her agents, and "we", "us" and "our" refer collectively to Digicel (Fiji) Limited, ("Digicel").This Agreement explains our obligations to you, and your obligations to us in relation to the Service.

1. By accessing the service you agree to pay the Service Charges applicable to the particular Service.

2. If you are accessing the Service for which the prize is to be provided by a third party other than Digicel (such as radio promotion by Radio Station, company promotion, etc) for which the Promotion or game promotes that third party or that third party retains some revenue share then that third party shall be liable to provide prizes as promised and liable for any claims, issues or damages which may occur as a result of the Promotion or Competition run by that third party, regardless as to whether this is run over the Digicel Network.

3. No refunds will be offered for any SMS that is not received by us or are not received sent correctly in accordance with the Service requirements. Should you believe a refund is warranted or should you have any issues or complaints regarding the Services please contact our Customer Care service.

4. Customer support is available on a 24 hour basis by calling 123 on any Digicel network phone and speaking to a Customer Care representative about the Service.

5. By using the service, you warrant that all information submitted by you is true, current and complete.

6. Digicel assumes that by using its service (and you warrant that) either you have legal capacity to access the service and agree to the Rules (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract) or your parents have consented to your accessing the service and use of these Rules.

7. Digicel accepts no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure, relating to the service.

8. By subscribing to the service you warrant that the information which you submit does not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. If relevant, Blue Central reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.

Specifically for Subscription Services:

9. You may at any time opt-out of any Subscription Service by texting in the opt-out codes “Stop” to either 202 or 205 depending on the Game/Promotion/Subscription service used. This shall be clarified in the Specific SMS Game / Promotion terms and conditions.

Specifically for SMS Games / Promotions:

10. Promotions and Games are not open to Employees of the Company or Companies providing the SMS Promotion / Game nor is it open to the nuclear families of the Employees.

11. The Promotion and the terms and conditions of this agreement will be governed by the laws of Fiji and any litigation which may occur shall be adjudicated by the courts of Suva, Fiji Islands.

12. For specific Services relating to SMS Games or Promotions, please see specific competition advertising Terms and Conditions for :-

a) Commencement and closing date for the Promotion;

b) Prize description;

c) How and when prize-winners will be informed; the manner in which the prizes will be awarded;

d) When the prizes will be awarded;

e) How prize-winner information may be obtained;

f) The identity of the party running the competition and responsible for the prizes.

Below conditions are relevant for ALL SMS games and competitions unless otherwise stated differently in any form of advertising:

i. Draw for all competitions, games and prizes will be at Digicel Headquarters at Ground Floor, Kadavu House, Suva, Fiji Islands;

ii. Draw for all competitions, games and prizes will be at 11am on the day after the ending of the promotion end date;

iii. Some SMS games are run on a rank basis. Top ranked players win the prizes as per the game structure;

iv. SMS competitions, quizes and giveaways work on a randon draw basis and such draw shall be done at Digicel’s Headquarters by a member of Digicel’s staff as witnessed by a member of Fiji’s police force or independent member of the public;

v. Customers to refer to the website for full terms and conditions at all times.

vi. Winners are called personally and are disclosed by way of social media or press releases or media or text messages. All mediums may not be used for all promotions

And if applicable:-

a) For national awards, any applicable Free Alternative Mode of Entry which may be applicable;

b) any alternative prize that is available (if applicable);

c) any supplementary rules which may apply (if any);

d) Limitations on entries or specific terms and conditions to the particular Game or Promotion(if any);

e) Age, location or other eligibility restrictions (if any);

f) Costs to be paid by you should you win the prize (if any); and

g) criteria for judging entries (if any).

13. Competitions and Promotions may only be extended due to a disruption caused by unforeseeable events such as power outages and technical problems encountered. Events and extensions may only be extended to the extent of the unforseen event and any disruption or extension must be made known to the public.

14. Winners will be disclosed and prizes collected by a maximum of 28 days from the closing date unless a lesser period is defined in promotional material.