Lifestyle & Picture Messaging Service Specific Terms and
Conditions
The C&W Guernsey Lifestyle Package is a group of services
that will enable You to make the most from Your Mobile Phone when
using GPRS technology. It is available to both Post Pay and Pre Pay
C&W GSM customers. Lifestyle is an addition to the C&W Post
Pay and Pre Pay Services and the Service Specific Terms and
Conditions for those services will also apply where relevant.
C&W Lifestyle includes: Photo Messaging, Multimedia
Messaging Services (MMS), Multimedia Messaging Services (MMS)
Alerts, JAVA Games, Polyphonic Ringtones, Screen Savers and
Wallpapers, access to the Mobile Internet, access to Mobile Email
and the Mpay Service (separate C&W Mpay Service Specific Terms
and Conditions apply). Other services may be added to C&W
Lifestyle in due course. Lifestyle does not provide laptop web
access or remote working.
Lifestyle is built from a set of different technologies, some
made available to You through Your Mobile Phone and some via the
Lifestyle Portal. It is available throughout the Channel
Islands and can be used on any network where We have a GPRS
roaming agreement with the operator.
The Picture Messaging Service is similar to the Lifestyle
Service. The monthly subscription includes MMS up to the
Usage Limit, but all data usage is chargeable.
These C&W Service Specific Terms and Conditions
should be read in conjunction with the C&W General Terms and
Conditions. Where there is conflict these Service Specific Terms
and Conditions supersede the General Terms and
Conditions.
1. Definition and Interpretation
The C&W General Terms and Conditions include definitions.
These definitions are in addition:
"GSM" means the digital mobile system known as
Global System for Mobile Communications.
"GPRS" means the standard for wireless
communications, which runs at speeds up to 115 kilobits per second
known as General Packet Radio Service.
"Handset" means mobile handset or other access
device that You may use to access Our GSM Telecommunications
Network.
"Jave Games" a collection of arcade, skill,
quiz type games, which are downloaded to Your mobile phone.
"Lifestyle Package" means the provision by Us
to You of the Lifestyle Services under these Terms and
Conditions.
"Lifestyle Portal" means the Internet portal
set up by Us specifically for access by Our mobile customers.
"Lifestyle Services" means the package of
services including, but not limited to, Multimedia Messaging
Services, Multimedia Messaging Service Alerts, JAVA Games,
Polyphonic Ringtones, Photo Messaging, Screen Savers, Wallpapers,
the Mpay Service and access to Mobile Internet and Mobile Email as
may be amended or added to by Us from time to time.
"Mobile Email" means email collected and sent
using Our GPRS network. Any mail server to which You subscribe can
be accessed as long as it provides POP and SMTP access and You have
a compatible Mobile Phone.
"Mobile Internet" means any area of the
Internet that has been formatted for viewing with a Mobile
Phone.
"Mobile Phone" means a handset and a SIM card
when using GSM and other associated equipment.
"Mpay Service" means the Service that allows
You to buy goods and other services from Us and other selected
online stores by charging the cost to Your Mpay Wallet. The Mpay
Service is provided by Us to You under the C&W Mpay Service
Specific Terms and Conditions.
"Multimedia Messaging Service (MMS)" means a
descendent of SMS (Short Messaging Service) which extends text
messaging to include longer text, graphics, photos, audio clips,
video clips or any combination of such within certain size
limits.
"Multimedia Messaging Service (MMS) Alerts" is
a service provided by C&W, which sends a MMS at pre-selected
intervals to Your Mobile Phone.
"Photo Messaging" or "Picture
Messaging" means the sending of a photograph from one MMS
compatible Mobile Phone to another MMS compatible Mobile Phone on
Our mobile Telecommunications Network. In these terms and
conditions reference to the Lifestyle Service or Lifestyle Package
also refers to the Picture Messaging Service unless it is
explicitly stated otherwise.
"Polyphonic Ringtones" means ringtones that
have more than one phonic value that can be loaded on to compatible
Mobile Phones.
"Screen Savers" means a download image from the
Lifestyle Portal, which, providing the Mobile Phone is compatible,
can act as an alternative screen image after the Mobile Phone has
been idle for a period of time.
"Service Delivery Date" means the date on which
We make Service ready for use.
"SIM Card" means the Subscriber Identity Module
containing data (including Your identity), which has been supplied
to You by Us.
"Wallpaper" means a downloaded image from the
Lifestyle Portal, which providing Your Mobile Phone is compatible
is stored on Your Mobile Phone as a background to the handset
menu.
2. Provision of Service
2.1 We will provide You with Lifestyle using Our GPRS data
network
2.2 You will have to have a compatible Mobile Phone to make use
of Lifestyle Services. Not all GPRS Mobile Phones can support each
of the Lifestyle Services. We will not accept any responsibility
for failure to provide any of the Lifestyle Services if Your Mobile
Phone is not compatible with the respective Lifestyle Service You
wish to access.
2.3 We have no control of the content or appearance of WAP or
http sites outside of Our own branded Lifestyle Portal. You are
free to access these sites but We accept no responsibility for
their content or quality of service.
3. Use of Service
The C&W Acceptable Use Policy applies to the use of the
Lifestyle Package for access to the Internet and Email. The
Acceptable Use Policy is available on the C&W web site at
www.surecw.com.
4. Term of Service
The minimum term of service for C&W Post Pay customers is
one month. There is no minimum term of service for Pre Pay
customers
5. Charges
5.1 Post Pay
5.1.1 The monthly subscription that You will pay Us for the
Lifestyle Package provides unlimited access to the Lifestyle
Portal, 5mb of Mobile Internet surfing or email access and 100
inclusive MMS' per month (Picture Messaging Service includes 100
MMS only, all data is chargeable). Extra Mobile Internet surfing or
MMS will incur additional charges;
5.1.2 A connection charge applies;
5.1.3 Additional charges, which may include subscriptions and
download charges, apply for certain Lifestyle Services induding,
but not limited to, MMS Fun, JAVA Games and Polyphonic Ringtones.
For these charges payment is made through the C&W Mpay Service
and the C&W Mpay Service Specific Terms and Conditions will
apply; and
5.1.4 See the C&W Price List, which is available at the
C&W web site cwguernsey.com, for details of C&W
charges.
5.2 Pre Pay
5.2.1 The weekly subscription that You will pay Us for the
Lifestyle Package provides unlimited access to the Lifestyle
Portal, 5mb of Mobile Internet surfing or email access and 100
inclusive MMS' per month (Picture Messaging Service includes 100
MMS only, all data is chargeable). Extra Mobile Internet surfing or
MMS will incur additional charges.
5.2.2 A connection charge applies.
5.2.3 Additional charges, which may include subscriptions and
download charges, apply for certain Lifestyle Services induding,
but not limited to, MMS, JAVA Games and Polyphonic Ringtones. For
these charges payment is made through the C&W Mpay Service and
the C&W Mpay Service Specific Terms and Conditions will
apply.
5.2.4 See the C&W Price List, which is available at the
C&W web site cwguernsey.com., for details of C&W
charges.
6. Payment
6.1 Post Pay
6.1.1 Subscription for the Lifestyle Package will start on the
Service Delivery Date, unless:
6.1.2 We notify You of a later date for the start of the
Lifestyle Package when the subscription will be payable from;
or
6.1.3 You use the Lifestyle Package before the Service Delivery
Date, in which case subscription will be payable from the date You
first use the Lifestyle Package.
6.1.4 Subscription is normally payable in advance on a monthly
basis. The charge will appear on Your normal monthly Pay bill. You
must pay the subscription in accordance with Our billing cycle.
6.1.5 Payment of additional charges, which may indude
subscriptions and download charges, apply for certain Services
induding, but not limited to, MMS Fun, JAVA Games and Polyphonic
Ringtones must be made through the C&W Mpay Service and
separate C&W Mpay Service Specific Terms and Conditions will
apply.
6.2 Pre Pay
6.2.1 Subscription for the Lifestyle Package will start on the
Service Delivery Date, unless:
6.2.2 We notify You of a later date for the start of the
Lifestyle Package when subscription will be payable from; or
6.2.3 You use the Lifestyle Package before the Service Delivery
Date, in which case subscription will be payable from the date You
first use the Lifestyle Package.
6.2.4 Subscription will be collected on a weekly basis. The
amount of money left in Your Pre Pay account will be reduced
automatically by Us by the value of the weekly charge as long as
Your account is active.
6.2.5 It is Your responsibility to ensure that sufficient credit
is available to cover the weekly subscription charge. If there is
insufficient credit We will still debit the whole weekly
subscription charge and Your account will go into negative balance.
This will result in Your Pre Pay account being suspended. It will
be necessary for You to top up Your Pre Pay account to clear the
negative balance before You can use the Pre Pay, Lifestyle and / or
Picture Messaging Services again. If Your Pre Pay account
remains in negative balance when the next weekly subscription
payment is due, We will reduce the balance further by claiming one
further weekly payment. If Your Pre Pay account remains in
negative balance for a further week, the weekly payment will be
suspended until You top up Your Pre Pay account by enough to cover
the outstanding negative balance.
6.2.6 If Your Pre Pay account is suspended, the provision to You
of the Lifestyle Package will also be suspended.
6.2.7 You must pay Us the connection charge when You first
subscribe for the Lifestyle Package.
6.2.8 You must pay Us the connection charge when You first
subscribe for the Lifestyle Package.
7. Deposits and Payments In Advance
We may ask for payment in advance, which does not exceed the
connection charge and subscription for the term of the Lifestyle
Package requested, prior to providing the Lifestyle Package.
8. Termination
8.1 We may terminate this Agreement by giving You at least one
months notice. If We give You notice then You must pay subscription
and any other applicable charges up to the expiry of the notice
period. If You have been suspended from service due to non-payment
of accounts We will automatically terminate service after one month
should payment still be outstanding.
8.2 You may by giving notice to Us at least one month before the
expiry date of the term of the Lifestyle Package, terminate this
Agreement on the expiry date. If You terminate this Agreement
during the term of the Lifestyle Package You shall be liable for
any outstanding charges at the rate in force in Our Price List.
Outstanding subscription charges shall not be payable:
8.2.1 if the Lifestyle Package is replaced with another Service
from Us that We deem to be comparable; or
8.2.2 if We materially change the subscription charge or terms
and conditions of this Agreement to Your detriment.
8.3 We may terminate this Agreement immediately if You use the
Lifestyle Package in a way that does not comply with Our Acceptable
Use Policy.
8.4 Your notice does not avoid any other liability for any
Service already provided.
9. Mobile Phone
Your Mobile Phone must only be used with Our Lifestyle Package
as directed under The Telecommunications (Bailiwick of Guernsey)
Law, 2001 and in a way that meets all relevant standards and
instructions applicable to You. If Your Mobile Phone does not
comply with the above then You must disconnect it immediately or
allow Us to do so at Your expense.
10. Liability
10.1 You may be required to provide a PIN and any
other security information We may require from time to time as part
of the registration process for the Lifestyle Package. When
choosing Your PIN you must not choose words that are obscene,
abusive or likely to cause offence.
10.2 Your Lifestyle Package is to be used by a single user only
and You will not allow simultaneous access using Your PIN. You
acknowledge that You are responsible for ensuring that no
unauthorised access to the Lifestyle Package is obtained using Your
PIN and that You are liable for all such activities conducted
through Your Lifestyle Package whether authorised or not.
10.3 You, as the registered user of the Lifestyle Package,
will:
10.3.1 keep Your PIN secure and not let it become public
knowledge and ensure that Your PIN will not be stored anywhere on a
computer or Your Mobile Phone in plain text;
10.3.2 provide true, accurate, current and complete information
when registering on the website and notify Us immediately of any
changes or mistakes;
10.3.3 if Your PIN becomes known to any unauthorised user You
will inform Us immediately and change Your PIN as soon as possible;
and
10.3.4 if any information provided by You is untrue, inaccurate,
not current or incomplete, We have the right to terminate Your
Lifestyle Package and refuse any and all current or future use of
the Lifestyle Package.
11. Intellectual Property Rights
11.1 All copyright and other intellectual property rights
in any material (including text, photographs, videos, graphics,
logos, music, sound and other material images) contained in the
Lifestyle Package or any Lifestyle Services or the internet access
software that You use to access the Lifestyle Services is either
owned by Us or has been licensed to Us by the rights owner(s) for
use with Our Lifestyle Package. You are only allowed to use the
Lifestyle Package as set out in these Terms and Conditions.
11.2 The word or marks "Cable & Wireless Guernsey" and
"Sure" however represented, including stylised representations, all
associated logos and symbols, and combinations of any of the
foregoing with another word or mark, are the trade marks of Cable
& Wireless Guernsey or one of the Cable & Wireless Guernsey
Group companies or third parties. ALL RIGHTS RESERVED.
12. General Terms and Conditions
You should refer to the C&W General Terms and Conditions for
additional dauses under each of the above headings and for the
following:
| Special Provision of Service | Temporary Service |
| Cancellation | Information and Permissions |
| Copyright | Matters Beyond Reasonable Control |
| Use of Information | Waiver |
| Fault Repair | Interconnection |
| Suspension | Complaints and Arbitration |
| Duration and Entire Agreement | Notice |
| Severability | Relocation and Reconfiguration |
| Default | Call Monitoring and Recording |
| Assignment | Indemnity |
| Law | Variation |
13. To Contact Us
If You wish to contact Us about any aspect of Lifestyle please
send an email to contact@surecw.com, or call
the Helpdesk on 01481 700700.
Issue 3A
August 2006