C&W Jersey e Top Up Service Specific Terms and
Conditions
This Website is operated by Cable & Wireless Jersey Limited
("Cable & Wireless", "We",
"Our", "Us"). BEFORE
USING THIS SITE PLEASE CAREFULLY READ THE TERMS AND CONDITIONS SET
OUT BELOW WHICH GOVERN THE USE OF THIS SITE.
If You accept these terms of use, please click on the
'ACCEPT' button and You will be provided with
access to the e Top up Service ("the Service")
after You complete the registration process. By clicking
'ACCEPT' and using the Website You are deemed to
have accepted these Terms and Conditions. If You do not accept
these Terms and Conditions You will not be permitted to use the
Website and the Service. This is an agreement between You and Cable
& Wireless for the use of the Service.
These Cable & Wireless Service Specific Terms and Conditions
should be read in conjunction with the Cable & Wireless General
Terms and Conditions and the Cable & Wireless Privacy
Policy. Where there is conflict these Service Specific Terms
& Conditions supersede the General Terms and Conditions.
1. Definitions
The Cable & Wireless General Terms and Conditions include
definitions. These definitions are in addition to those
contained in the Cable & Wireless General Terms and
Conditions:
"Account" means the e Top up Account created by
Us to enable You to top up Your Sure Pay As You Go ("PAYG") mobile
account
"Password" means the code selected by You
which, in combination with the User ID, gives You access to Your
Account
"Terms and Conditions" or "Agreement" means
these terms and conditions of use of the Service
"User ID" means the identification code
selected by You, which, in combination with the Password, gives
access to Your Account.
"Website" means the e Top up Website located at
URL http://www.surecw.com/
2. Electronic Signatures and Agreement(s)
You hereby agree to the use of electronic communication in order
to enter into contracts, place orders and to the electronic
delivery of notices, policies and records of transactions initiated
or completed through the Service. Furthermore, to the extent
permitted by Jersey law You waive any rights or requirements under
which require an original (non-electronic) signature or delivery or
retention of non-electronic records.
3. The Service
3.1 The Service is a service provided by Us that
enables You to purchase airtime for a Sure PAYG mobile phone by
going online to the Website, registering for the Service and
topping up Your Sure PAYG mobile phone using a credit / debit
card. The funds deposited by You will be added directly to
Your Account. In addition to receiving a confirmatory message on
Your computer an email confirmation will be sent to Your registered
email address as well as a text message to the mobile phone that
has been topped up.
3.2 Once You have registered for the Service We
undertake to provide You with access to Your Account. Such access
will allow You to automatically top up Your Sure PAYG mobile phone
through the Internet and charge the amount to Your registered
credit / debit card.
3.3 We are responsible for the operation and
maintenance of the Website.
3.4 We reserve the right to introduce any changes or
amendments to the use of the Website at any time and in Our sole
discretion, including but not limited to withdrawing the Service or
access to the Website.
3.5 You are responsible for providing Us with
accurate, complete and updated registration information. You
will also at all times provide Us with any data or information
necessary for Us to provide the Service.
3.6 If You do not provide Us with the information
which is required to use the Service and/or the Website or if You
do not fulfill Your obligations We will be entitled to suspend the
provision of the Service.
3.7 Use of the Service requires a valid credit /
debit card. You represent and warrant that You are the registered
credit / debit card holder. By agreeing to these Terms and
Conditions You authorise Us to initiate a debit entry to Your
credit / debit card for the purchase of airtime. You further
authorise Your bank to deduct such payment(s) from Your credit /
debit card account. You understand that We note a transaction as a
pending payment until funds are secured from Your bank. You further
understand that in the event that We are unable to secure the funds
for a transaction from Your bank for any reason, including but not
limited to insufficient funds on Your credit card that You will not
be able to purchase airtime for Your Sure PAYG mobile phone.
3.8 We will not be liable to You if Your purchase
cannot be processed because:
(i) Your credit card account
does not contain sufficient available funds for Us to debit that
account in the amount of the purchase;
(ii) the funds on Your credit card
account are subject to an uncollected funds hold, legal process or
any other encumbrance or claim restricting payments at the time We
attempt to debit Your credit card account for the amount of the
purchase;
(iii) the information You supplied is
incorrect and/or incomplete;
(iv) the Website or other systems
are not working properly; or
(v) circumstances beyond Our
reasonable control prevent or impede the transaction.
3.9 All transactions conducted on or via the
Website are final. We shall not be liable or responsible for any
loss or damage of any sort incurred as a result of any error in any
amount charged or paid via the Service or the Website.
3.10 We may terminate Your use of the Service or the
Website if You have used the Service or the Website in any way that
is contrary to law or in any way disrupts the Service and/or the
Website.
3.11 We are entitled, without any liability, to refuse,
limit, suspend and/or interrupt the Service, or any part thereof,
for any reason whatsoever, at Our sole discretion and without any
notice to You.
3.12 We may change the technical features of the Service in
order to keep pace with the latest demands and technological
developments, at Our sole discretion and without any notice to
You.
4. The Website
4.1 You agree to be bound by and comply
with the Terms and Conditions stated on the Website as amended from
time to time.
4.2 We do not guarantee that the content
appearing on the Website will be error free or that the Website or
the server that operates the Website is free of viruses or other
harmful components.
4.3 We reserve the right, at Our sole
discretion, to vary the Website or any part of thereof, modify or
discontinue the Website, or any part of thereof, and the services
available on it.
4.4 We have not reviewed all of the
websites linked to the Website and are not responsible for the
content or accuracy of any off-site pages or any other websites
linked to the Website (including without limitation websites linked
through advertisements or through any search engines).
4.5 We assume no responsibility for
links, which are automatically generated on the Website. The
inclusion of a link does not imply that We endorse the linked
website, and You thereby use any links on the Website at Your own
risk.
4.6 You shall be responsible for all
correspondence or dealings with, or participation in promotions of
advertisers on the Website.
5. User ID, Password and Account
5.1 Your right to use the Website is
personal and non-transferable. You accept that Your
entitlement to use the Service is for Your personal use only and
that You shall not be entitled to transfer Your entitlement to use
the Service to any other person or allow any other person to make
use of the Service or of the User ID or Password or other
entitlement supplied to You in connection with the Service.
5.2 In order that You may use the Service
We will set up an Account for You. You will be required to choose a
User ID and Password to access the Account. You shall be fully
responsible for safeguarding and maintaining the confidentiality of
Your selected User ID and Password, and shall be fully responsible
and accountable for any unlawful use of the Service by means of
Your User ID or Password by any person. You are also
responsible and liable for all activities conducted through Your
User ID, Password and Account, even if this occurs without Your
permission.
5.3 You agree to immediately notify Us in
writing of any unauthorised and/or fraudulent use of Your User ID,
Password and/or Account. You agree to indemnify Us against any and
all third party claims and all related liabilities arising out of,
or relating to, the use of Your User ID, Password and/or Account.
We will not be liable for any damages resulting from the
unauthorised and/or fraudulent use of Your User ID and/or Password
and the unauthorised use of Your Account.
5.4 We reserve the right to change Your
User ID or Password if this is in the interest of the functioning
of the Service or to prevent fraudulent use of the Service.
6. Pates and Payment
6.1 In order to purchase airtime via the
Service You shall pay Us the rates for airtime ("the rates") as
stated on the Website.
6.2 We reserve the right to change the
rates at any time by giving notice of such change on the
Website.
7. No Warranties
You understand and agree that access to the Service is provided
via the internet, that the internet is made up of many
interconnected networks and therefore We cannot guarantee
uninterrupted and/or reliable access to the Service and to the
extent permitted by applicable law make no guarantees whatsoever as
to its operation, availability, functionality or that it will be
free of error and/or fault or disruption or otherwise. We shall not
be liable if the Service is unavailable due to circumstances beyond
Our reasonable control including but not limited to fire, flood,
lightning, extreme weather conditions, failure of power supply,
industrial disputes, actions of Government, highway authority or
other competent authority, war or acts of terrorism or vandalism,
national or local emergency, acts of God, insurrection or civil
disorder, compliance by Us with any statutory obligation, acts or
omission of persons for whom We are not responsible.
8. Intellectual Property Rights
8.1 All intellectual property rights regarding
the Service, including but not limited to the software and related
documentation developed and/or owned by Us shall be and shall
remain Our sole property. The provision of the Service does not
imply any transfer of intellectual property rights.
8.2 You shall only obtain a non-exclusive and
non-transferable right for the use of the the Service. You commit
yourself to adhere strictly to any conditions laid down in these
Terms and Conditions or imposed in any other way.
9. Term and Termination
9.1 This Agreement will be effective as of the
date of Your acceptance thereof and will remain effective until
terminated by either party as set forth in these Terms and
Conditions.
9.2 We may terminate this Agreement at any
time, with or without cause and without recourse to the courts, by
providing notice to You and/or preventing Your access to Your
Account and to Service.
9.3 You may terminate this Agreement at any
time by ceasing to use the Service. We will remove Your
registration details if You contact Us in writing and ask Us to do
so.
9.4 We reserve the right to discontinue access
to the Service at any time.
9.5 We reserve the right to disconnect or
deactivate Your Account if We reasonably believe that You have
violated any applicable loi, law, regulations or orders, breached
these Terms and Conditions and or Our Acceptable Use Policy, or
infringed any of Our rights or those of another party.
9.6 Upon discontinuance, disconnection,
deactivation or cancellation of Your Account and use of the Service
We have the right to restrict Your access to the content You have
transmitted to or which You keep on or via the Website. In any such
case We may delete such materials.
9.7 Upon termination of this Agreement for any
reason all licenses and rights to use the Service and the Website
shall terminate and You will cease any and all use of the Service
and the Website.
10. Limitation of Liability
10.1 You agree to indemnify, hold harmless and defend Us at
Your expense, from and against any and all liability, claims,
actions, loss, damage, costs and expenses (including but not
limited to reasonable legal fees) awarded against, incurred by or
paid or payable by Us in any jurisdiction as a result of any claim,
loss or damage arising out of Your negligent, willful or unlawful
act or omission and/or Your default under these Terms and
Conditions, any applicable law or rights or any third parties
and/or the misuse of the Service.
10.2 We shall not be liable for any deficiency in
performance caused in whole or in part by any act or omission of an
underlying carrier or service provider, dealer, equipment or
facility failure, network problems, lack of coverage or network
capacity, acts of God, strikes, fire, war, terrorism, riot,
emergency, serious and sustained power outage or severe Internet
service disruption, flood, government actions or any other cause
beyond Our control.
10.3 The indemnity contained in this clause 10 shall remain
in full force and effect notwithstanding any termination of this
Agreement.
11. Registration
We agree that all information that We have provided for the
online registration for the Service is true and correct and agree
to be bound by and adhere to these Terms and Conditions.
12. Proper Law
These Terms and Conditions are governed by and shall be
interpreted in accordance with the laws of the Island of
Jersey.
I EXPRESSLY ACKNOWLEDGE THAT I HAVE READ THESE TERMS AND
CONDITIONS OF SERVICE AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS
AND CONDITIONS CONTAINED HEREIN. BY CLICKING ON THE ACCEPT BUTTON
AND/OR CONTINUING TO USE THE SERVICE, I EXPRESSLY CONSENT TO BE
BOUND BY THESE TERMS AND CONDITIONS AND GRANT TO CABLE &
WIRELESS THE RIGHTS SET FORTH HEREIN.
Issue 1 October 2006