"We", "us" or "Digicel" means the Company providing such services in the Territory as follows (collectively the “Company”) :-
|Fiji||Digicel (Fiji) Limited||Level 3, Digicel House, 5 Vuna Rd, Nabua, Fiji Islands|
|Samoa||Digicel (Samoa) Limited||SNPF Plaza Building, Savalalo, Samoa|
|Tonga||Digicel (Tonga) Limited||Fatafehi Rd PO Box 875, Nuku’alofa, Tonga|
|Vanuatu||Digicel (Vanuatu) Limited||Law Partners House, Kumul Highway, Port Villa, Vanuatu.|
|Nauru||Digicel Nauru Corporation||Ground Floor Civic Center, Aiwo, Nauru|
"You" means the person accessing or using the App or viewing its Content (and "your" shall have the same meaning).
"Content" means information, audio, radio, podcasts, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or Content.
"Use" or "using" in these Terms means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the App, transmit, receive or exchange data or communicate with the App, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the App, for any purpose whatsoever.
By using the App, whether occasionally, frequently or permanently, or by otherwise indicating your consent, you agree to be legally bound by these Terms.
You are also bound by all applicable terms and conditions of your prepaid or postpaid service, plans, bundles, promotions, subscriptions, transactions, and any other terms that apply to your use of the App ("Additional Terms"). Additional Terms are posted in the App and on Digicel websites. If any provision of these Terms conflicts with any term in any Additional Terms, the Additional Terms prevail.
If you do not agree to or accept any of these Terms, or if you are under the age of eighteen (18) and using the app or website without parental supervision, you should stop using the App immediately.
You may not transfer or assign any obligations or responsibilities arising from these Terms to third parties in any way whatsoever, and may not make any third party a partner to responsibilities written in these Terms and therefor in related legal provisions due to any reason whatsoever.
1. DESCRIPTION OF DIGICELTV
1.1. Sky Pacific ( also known as DigicelTV in some Territories ) is a provider of sports and entertainment cable channels, a broadcaster and a Content provider of local, regional and international sporting Content. We operate this App to provide you with online access to this Content ; as well as other content for which we have rights to provide through this App.
1.2. Digicel may require specific access controls and will initially provide these Services through prepaid user bundles to its Customers. Though Digicel reserves the right at all times to alter its method of service provision, plans, subscriptions or charges at its discretion.
1.3. To access the App, you must have internet access and may be required to register with the App using a Digicel ID to access certain Content, which may be restricted.
1.4. This App is intended for use by those who can access it from within countries in which we or our Affiliates have a business, company or commercial presence (the "Territory"). If you choose to access the App from a location outside of the Territory, you are responsible for compliance with local laws where they are applicable.
1.5. You accept that whether or not you are located within the Territory, the App or certain Content on the App may not be available in your country or in your preferred language and that Content available in your current location may become unavailable to you if you travel to another location in which Content is restricted.
1.6. We reserve the right to modify, suspend, remove or disable access to the App and any Content or other materials that are offered on the App at any time, without notice. Though we will in all instances use our best endeavours to provide notice, this is not always something we can control as our content is agreed outside of each particular Territory.
Consequently, we will neither be responsible towards you nor any third party for any modification, suspension, removal or discontinuance of the App.
2. RIGHTS, OBLIGATIONS, AND USE OF THE APP
2.1. You shall be solely responsible for all necessary equipment, associated fees and costs incurred by you for connectivity and data usage in relation to your use of the App. Digicel advises its customers to utilize a smartphone ( not button nor feature-phone ) with a 4G data connection; at least 4Gb of Random Access Memory ( RAM ); and 4G connectivity in the geographic area in order to properly avail of the Services.
2.2. The App and all its Content are available only for your personal and non-commercial use.
2.3. If you register to use the App, you are responsible for maintaining the confidentiality and security of your account identification and password information, and for restricting access to your devices. You agree to accept responsibility for all activities that occur under your username and password and to notify us immediately if the confidentiality of your username or password is compromised.
2.4. You agree to not : a) use any device or software to interfere or attempt to interfere with the proper working of the App, including but not limited to disrupting or intercepting it; b) use any robot, spider, other electronic device, automatic, or manual process besides the sharing capabilities available on the App, to hack, monitor or copy the App or any Content published on it; c) use the App in any way that may cause harm to it or have a detrimental impact on our users' experience; or d) use the App in any other way that is inconsistent with these Terms.
2.5. When communicating with our customer care agents, you agree not to use any defamatory, threatening, obscene, or harmful language or language which would violate or infringe, in any way, the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience or which does not comply with all relevant laws. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive or discriminatory.
2.6. You have the right to terminate or cancel your subscription to the App at any time by submitting your request for termination through the means provided on the App.
2.7. By using the App, you may encounter Content that may be considered aggressive, indecent or offensive, which may or may not specifically be identified as having explicit material. Therefore, you agree to use the App at your own discretion and risk.
2.8. We have the right to immediately prevent you from accessing the App, terminate or suspend your account or otherwise limit or restrict your use of our services if we determine, in our sole discretion, that you have provided incomplete or incorrect registration information, breached these Terms or any Additional Terms on the App or have otherwise been engaged in conduct which we determine in our sole discretion to be unacceptable.
2.9. We may limit the number of times you can visit or log in to the App within a certain period of time. We also reserve the right, in our sole discretion, to terminate your access to the App, or any portion thereof, at any time, without notice.
2.10. You may use the App to securely purchase subscriptions, or be redirected to the MyDigicel App.
2.11. You agree to provide correct and complete debit or credit card information to purchase any subscription and to never use another person's credit or debit card or personal data without their express permission.
2.12. We do not warrant that all information and Content on the App regarding subscriptions, promotions and other information are accurate, complete, or current. Despite our efforts, items on the App may be mispriced and promotion and subscription descriptions may be inaccurate. We reserve the right to correct any errors, inaccuracies or omissions on the App, to revoke any offer, to cancel your subscription, and to take any other actions we deem reasonable or necessary to rectify an error, regardless of whether charges have been applied to your account or credit card. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
2.13. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
[RP2] [RP3] You agree not to:
(b) resell any aspect of the App, or subscriptions or services available on it;
(c) bypass or circumvent measures we may use to prevent, interfere, or limit access to the App or any Digicel network;
(d) use the App to send altered, deceptive or false source-identifying information;
(e) use the App to intercept, collect or store personal information about other users;
(f) spam other users or take other actions that may affect the operation or enjoyment of the App by other users;
(g) access, monitor or copy any Content or information on the App using any robot, spider, scraper or other automated means or any manual process;
(h) decompile, disassemble or reverse engineer any of the software or Content used in any part of the App or any Digicel network;
(i) send a virus or use any malicious programs or techniques in connection with the App;
(j) overload or crash the App or any Digicel server or network;
(k) engage in excessively high-volume data transfers or bandwidth use, including, without limitation, by hosting a web server, internet relay chat server or any other server via any use of the App; or
(l) infringe the copyrights or intellectual property rights of others.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. The App contains Content belonging to us, our Affiliates, licensors or assignors.
4.2. The App and its Content are protected by copyright, trademark, patent, trade secret and other laws and we own and retain all rights in the Content and the App. We hereby grant you a limited, revocable, non-sublicensable, non-transferable right to use the App and view the Content. Nothing in these Terms grants you any legal rights in the App other than is necessary to enable you to use the App and view its Content.
4.3. Except as provided in this Agreement or as explicitly allowed in any additional Terms on any applicable service, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise engage in unauthorized use of any Content contained in or through the App.
4.4. Except as explicitly and expressly permitted by us, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away.
4.5. You shall not, either directly or through the use of any device, software, internet App, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained on the App or any digital rights management mechanism, device, or other Content protection, copy control, or access control measure associated with the Content, including geo-filtering mechanisms.
4.6. Except as necessary in order to make reference to DigicelTV in a purely descriptive capacity, you are expressly prohibited from using any Content in any manner. You may not, without our written permission, "mirror" any Content contained on the App.
4.7. If you become aware of any unauthorized use, distribution or commercial exploitation of any Content on the App, you agree to notify us immediately.
5. HYPERLINKS AND THIRD-PARTY SITES AND APPS
5.1. We may enable access to our other services, websites and Apps as well as third-party services, websites and apps. You access these at your own discretion and risk. We are not liable for any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on any Content, goods or services available on or through any such services, websites, or apps.
5.2. The display of any hyperlink and reference to any third-party service, site, or app does not mean that we endorse that third party's products, services, website, or app.
5.3. Your use of a third-party app may be governed by the terms and conditions of that third-party app. We strongly advise you to read the terms and conditions and privacy policies of any third-party services, websites, or apps that you visit.
5.4. We do not control and are not responsible or liable for any privacy practices, policies, Content, advertising, products or services on, associated with, or available from such third-party websites or apps, nor for any damage, loss or offense caused, or alleged to be caused, by or in connection with your use of or reliance on any Content, advertising, products or services available on or available from such third-party websites or apps.
5.5. Any dealings between you and any advertisers or third-party merchants found on or via the App, including payment for and delivery of products, services, and any other terms, conditions, warranties, or representations, associated with such dealings, are solely between you and the relevant advertiser or merchant. You agree not to hold us liable for any loss or damage of any kind incurred as the result of any such dealings.
6. INDEMNIFICATION AND WAIVER
6.1. You agree to hold harmless, and fully indemnify, us and our Affiliates, directors, shareholders, employees, licensors, contract staff, partners, agents, and customers that display their marks in conjunction with us, from any claims, causes of action, demands, losses, expenses, damages, penalties or other costs, including but not limited to reasonable attorney's fees, brought by third parties as a result of your use, misuse, or inability to use the App, the services, or the Content, any Submission made by you, or any violation by you of these Terms.
6.2. You agree to refrain from taking any action or issuing any claim against us and our Affiliates, directors, shareholders, employees, or agents with respect to our use of the App or any action undertaken by us in which we have removed any information or Content, or taken any other action during the investigation of a suspected violation.
7. WARRANTY AND LIMITATION OF LIABILITY
7.1. The App is provided "as is" and without warranty or covenants of any kind, whether express, implied, or statutory, as to any Content or information included on, downloadable from, or otherwise accessible via the App, or any subscriptions available for purchase via the App, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, reliability, and non-infringement.
7.2. We do not guarantee, represent or warrant that your access to the App will be uninterrupted, error-free, free from unauthorized access, or operable at all times or during any downtime (a) caused by outages to any public Internet backbones, networks or servers; (b) caused by any failures of your application, equipment, systems or local access services; (c) for previously scheduled maintenance; or (d) relating to events beyond our control including but not limited to strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where our or your servers are located.
7.3. We cannot and do not guarantee or warrant that files available for downloading through the App will be free of infection by software viruses or other harmful computer code, files, or programs.
7.4. We do not authorize anyone to make any warranty of any kind on our behalf and in no event shall we, our Affiliates, directors, shareholders, employees, licensors, contract staff, partners, officers or agents be liable for any damages whatsoever, including, but not limited to any incidental, consequential, special, exemplary or other damages directly or indirectly arising out of (a) the use of or unavailability of the App; (b) any action taken in reliance on, or response to, any Content or information published on the App; (c) any transaction facilitated by or conducted via the App, (d) any claim attributable to errors, omissions or any inaccuracy in the Content; (e) any unauthorized access to or use of your account or alteration of your data or (f) any other matter in connection with the App, however, caused, even if we have been advised of the possibility of such damages.
7.5. We are not liable for any harm caused or related to the theft or misappropriation of your username or password, disclosure of your username or password, or your authorization of anyone else to use your username or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your username or password or any other need to deactivate your username or password due to security concerns.
8. MODIFICATIONS TO THE TERMS
8.2. We reserve the right to change the prices and rates for our services, and when doing so we shall provide you with reasonable notice, of at least 7 days prior to such change, on the App or through such communication as we consider appropriate. If any of the changes made are deemed unacceptable to you, you may unsubscribe or stop using the App immediately.
9. DISPUTE RESOLUTION AND OTHER TERMS
9.1. These Terms, your use of this App, and any other website of ours are governed by the laws of the Territory and both you and us hereby submit to the non-exclusive jurisdiction of the courts of the capital city of the Territory.
9.2. Any dispute or claim relating to or in connection with the execution or enforcement of these Terms or use of the App, including without limitation, any dispute regarding the validity, interpretation, enforceability, or breach of which, will be finally resolved by the competent judicial authorities established in the Territory.
10.3. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
9.4. If any of these Terms is determined to be invalid or otherwise unenforceable by reason of the application of any law, such provisions shall be severed and deleted from these Terms and the remainder of these Terms shall continue to have full force and effect.
9.5. Notices may be sent to the e-mail address or telephone number you provide us with in the case of notices sent by us and to the relevant e-mail address as set out on this App in the case of notices sent by you. Notices shall be deemed to have been delivered at the confirmed time of sending.
9.6. Our failure to enforce strict performance of any part of these Terms does not waive any of our rights.
9.7. We may assign our rights and obligations under these Terms to any of our affiliates at any time.
10. CUSTOMER SUPPORT
For customer support, to report a problem, or to send us your feedback, please contact us through the customer support chat feature or visit the "Contact Us" option on the App.