3G+ Join the Fast Lane
July 21st 2010 - 3G+ Join the Fast LaneThe Digicel ‘Join the Fast Lane” Promotion
Terms and Conditions
In these terms and conditions ‘Promotion’ means a temporary offer devised to promote usage of the cellular phone service offered by the Company.
2. Agreement
The ‘Join the Fast Lane.” Promotion terms and conditions (“these terms and conditions”) shall govern the relationship between Digicel (Bermuda) Limited (hereinafter referred to as "we", "us" "our" and "the Company") and the user (hereinafter referred to as "you", "your" and "the Customer") of the Company’s ‘Join the Fast Lane.’ Promotion (herein after referred to as ‘The Promotion’).
By purchasing a BlackBerry 9700 at the sale price and activating a new 2 year contract with voice and a premium data play, you have agreed to the terms and conditions.
By purchasing the bundle at the sale price and activating a new 2 year contract with voice, a premium data and a mobile broadband data, you have agreed to the terms and conditions.
Customers upon signing up for a Postpaid (SELECT) plan are subject to the SELECT Plan Terms and Conditions.
Additionally, by using your Digicel mobile service, you have agreed to these terms and conditions.
‘The Promotion’ commences on Thursday, July 22nd, 2010 at 12:01am and ends Tuesday, August 31st, 2010 at 11:59pm or while supplies last (herein after referred to as ‘The Promotion Period’). Digicel reserves the right to terminate this promotion at any time.
We reserve the right to amend or unilaterally change ‘The Promotion’ and/or these terms and conditions subject to notifying you of such amendments or changes. Such notification may be by way of advertisement in the national media, SMS text messaging and/or our website. If your Digicel mobile phone is used by you after notice of any amendment or change, then you shall be deemed to have accepted same.
This agreement is governed by the Laws of Bermuda.
A new customer who purchases a BlackBerry Bold 9700 at $449 must commit to a 2 year contract with a voice and $45 Premium Data plan. An existing customer who upgrades to a BlackBerry 9700 at $449 must commit to extending their contract for two (2) years from the date of purchase with voice and $45 Premium Data. Customers who commit to a 1 year contract will pay $519.
Customers who purchase the bundle which includes both the BlackBerry Bold Bold 9700 and USB Modem for a combined price of $494 must commit to voice and data plan with a 2 year contract. They can choose a 1 year contract that offers the bundle at $544.
All activations with $9 Premium Data for 30 days are required to stay on the $45 Premium Data Plan for the remainder of the their contracts.
All purchases include a free BlackBerry skin.
This is a limited offer. Promotional prices are good while stocks last.
4. Fair Use Policy
‘The Promotion’ is offered for the personal use of individuals and not for commercial use. Any usage by an individual that in our sole discretion is intended for financial gain or profit by you will result in the immediate termination of ‘The Promotion’ offer to you.
5. Liability
1. The company will not be liable for any consequential loss or damage caused directly or indirectly by any defect or otherwise howsoever caused.
2. We have no liability to you (or anyone claiming through you) in contract, tort or otherwise for any loss or damage which is: (a) not our fault; (b) indirect and/or not reasonably foreseeable; (c) purely economic, special, punitive or consequential loss or damage (whether foreseeable or not) or any other form of economic loss, arising from our performance or non-performance of our obligations under this Contract including through negligence or breach of statutory duty to the extent permitted by law.
3. We have no liability to you (or any one claiming through you) if we are unable to carry out our duties or provide Service because of factors beyond our control including, but not limited to, the following:
(a) Acts of God; (b) outbreak of hostilities, civil riots, acts of terrorism; (c) act of any government or authority (including refusal or revocation of any license or consent); (d) power failures, failure of telecommunications lines, failure or breakdown of plant, machinery or equipment; (e) default or failures of suppliers, subcontractors or other telecommunications operators; (f) theft, malicious damage; (g) industrial action of any kind.
4. We have no liability to you (or anyone claiming through you) if we disconnect the phone or Suspend the Service.
5. If we are found to be liable to you (or anyone claiming through you) we limit our liability under this Contract up to a maximum of the amount charged for the valid entries made.
6. We, our associated or affiliated companies, their respective officers, agents, directors, principals, employees, attorneys, underwriters, successors and assigns will not be liable for or in respect of any effects, claims, actions, proceedings, suits and causes of action (whether at law or in equity and including emotional distress), liens, debts, damages, fatalities, losses or injury (whether property or personal, consequential or otherwise), judgments, liabilities, costs and expenses of every nature kind whatsoever, whether known or unknown, suspected or unsuspected,(altogether, “claims whatsoever”) arising out of or in respect to our equipment and/or any electronic or radio systems in equipment, vehicles or aircraft in your vicinity, or of any emissions or transmissions to, from, by or through our Network and/or equipment. If we offer goods and/or services as agents of any principal providers(s), we will accept neither responsibility nor liability to you for the performance, loss of profit, emotional or mental distress or disappointment, or provision thereof by such providers so long as we have identified the providers to you and identified ourselves as agents.
7. All conditions, warranties, terms and undertakings expressed or implied by statute, common law or otherwise (including but not limited to fitness for a particular purpose) are expressly excluded from this Contract to the extent permitted by law.
8. Each provision of this Clause operates separately. If any part is found by a Court to be unenforceable or inapplicable (in whole or in part) the other parts will continue to apply.
