Last Updated: 17.02.07

 

 
1. Definitions
In these terms and conditions the following words shall have the following meanings: "you" means the person using the Product; "Product" means the Software downloaded by you by itself from a Vodafone website or supplied to you on a Compact Disc or any other media either by itself or together with the Vodafone Mobile Connect Card; "Services" means data transmission and other services offered by Vodafone under a GPRS airtime contract or otherwise; "Software" means the Vodafone Mobile Connect software which is supplied to you on the Compact Disc together with the Mobile Connect Card or downloaded by you separately from a Vodafone website: "we" "us" means Vodafone Limited.
 
2. Licence to Use
We grant you a non-exclusive licence to use the Product in connection with the Services. We do not accept any responsibility or liability nor grant any licence to use the Software with a non-Vodafone network or SIM card. You may not copy, modify, reverse engineer or decompile the Product and/or the software contained in or on the Product or any part of it (save to the extent expressly permitted by law). You may not transfer, assign, sublicense, or otherwise distribute or enable a third party to use the Software or the Product or any part of it.
You may only use the Product with one computer. You may make one copy of the Software for back up purposes. You are solely responsible for taking prudent and appropriate measures to back up data and otherwise protect against loss of data.
The Product together with the Vodafone SIM Card may be used by you to link into websites, resources and /or networks worldwide. We do not accept any responsibility for the content, services or any loss or damage you may suffer by using such websites and networks. You agree that you will not use the Product or any part of it in breach of any relevant laws or regulations. Further you agree to keep secret and in a safe place any passwords or other access devices you may be provided with in order to prevent any unauthorised use of the Product.

 

3. Termination
This licence is effective until terminated. You may terminate it at any time by deleting the Software including any back up copies from all your devices and returning the Product to us at Vodafone Limited, Vodafone House, The Connection, Newbury RG14 2FN, England. This Agreement shall automatically terminate if you fail to comply with these terms and conditions or with the terms and conditions of any other contract pursuant to which we or our third party distributors have made the Product available to you.
Upon termination of this Agreement, you will cease to use the Product and delete the Software including any back-up copies from all your devices and return the Product to us at Vodafone Limited, Vodafone House, The Connection, Newbury RG14 2FN, England.
 
4. Intellectual Property Rights
We and/or our licensors as the case may be, own all the copyright, design rights, "Look and Feel", trade marks and other intellectual property rights in and to the Product. The fact that we have supplied you with the Product does not mean that we have transferred any of our or our licensors rights in the Product to you, we have simply permitted you to use it strictly on the terms and conditions of this licence.
 
5. Customer Services
If you need any help with the Product please call our customer service centre on 191 if you are using the Vodafone network, or +44 7836 191 191 if you are calling from a different network, or write to us at Vodafone.
 
6. Unique Identifier
When you install this Software an anonymous unique identifier (UID) is created at random. The UID does not allow Vodafone to identify any individual users by name.It cannot be used to monitor which web sites have been visited or e-mail addresses contacted by users. Using this UID, the following types of non-personal information will be forwarded to Vodafone when you connect to the Vodafone network:
a) Version and configuration of the Software
b) Connectivity methods, such as infrared and Bluetooth, and devices used
c) Web browser and email software version details
d) Laptop manufacturer product ID
e) Session information
f) When roaming, the country code and the mobile network to which you are connected.

This information will be stored on a secure server for the following purposes:
(i) From time to time Vodafone may need to update service related settings,- this may be done without notification.
(ii) You will be notified about various software updates and patches, every time you connect, weekly or monthly, depending on you preference. You will be given the choice whether or not to accept these.You may decide to download larger files/patches when you are connected via a faster internet connection such as your corporate LAN.
(iii) compiling anonymous aggregate information about usage to improve the Mobile Connect Service. In no event will Vodafone use any aggregate data complied in this way to send any marketing information to you or disclose such information to any third party.
If you do not want the UID to be used, then it is possible for you or your IT Manager to disable this function. However it should be noted that Vodafone may not be able to fully support the Services if this function is disabled, as we will not be aware of which updates or software patches you may need. Please find details on how to disable the UID function on the Vodafone support portal at www.business.vodafone.com

Please note that sending and receiving the above information will necessitate sending small amounts of data over your connection. You will be charged for this at your agreed rate and typical charges are provided at the support portal www.business.vodafone.com. Please see the support website for typical costs.
 
7. Exclusion of warranties
To the fullest extent permitted by applicable law, the Product is furnished to you "as is" without any warranty, conditions, representations or other terms regarding the Product from our licensors. Neither we nor our licensors warrant that the Product will meet your requirements or that the operation of the Product will be uninterrupted or error free. To the extent permitted by law we and our licensors disclaim and exclude all warranties, representations, conditions and other terms of any kind, express or implied or whether arising by statute, common law or otherwise. This clause does not affect your statutory rights.
 
8. Limitation of Liability
We will be liable to you if our negligence causes death or personal injury. In all other circumstances we or our licensors will not be liable to you for any compensation, reimbursement or damages on account of the loss of present or prospective profits, loss of revenue, turnover of sales; loss of good will; loss or damage to reputation; loss of contracts or customers; loss of anticipated savings; loss of or damages to data or programs or any other reasons whatsoever or indirect, special, incidental or consequential damages whether arising in tort (including negligence) or contract and even if we or our licensors have been informed of the possibility of such losses or damages.
 
9. Law and Jurisdiction
These terms and conditions shall be governed by the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.