Christmas Phone Sale

The Digicel ‘Christmas Prepaid & Postpaid Phone Sale’ Promotion

Frequently Asked Questions

When does this promotion start and end?

The ‘Christmas Prepaid & Postpaid Phone Sale’ Promotion starts on Friday, December 4^th, 2009 and ends on Thursday, December 31^st, 2009 at 11:59 pm.

Which phones are on sale?

If I am a new Digicel Bermuda customer can I purchase a phone at the discounted Christmas postpaid price?

Yes, you can purchase a phone at the discounted prices that are listed under the ‘Postpaid’ column in the chart above.

The Digicel ‘Christmas Prepaid & Postpaid Phone Sale’ Promotion

Terms and Conditions

1. Definitions

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 ‘Christmas Prepaid & Postpaid Phone Sale’ 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 ‘Christmas FIFA’ Promotion (herein after referred to as ‘The Promotion’).

Having activated a Postpaid (SELECT) or Prepaid (FLEX) plan you have agreed to these terms and conditions. Customers upon signing up for a Postpaid (SELECT) plan are subject to the SELECT Plan Terms and Conditions. Customers upon signing up for a Prepaid (FLEX) plan are subject to the FLEX Plan Terms and Conditions.

Additionally, by using your Digicel mobile service, you have agreed to these terms and conditions.

‘The Promotion’ commences on Friday, December 4^th, 2009 and ends Thursday, December 31^st, 2009 at 11:59pm (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.

3. Promotion Description

‘Promotion’ phone selection and prices:

A customer that purchases a BlackBerry at the discounted ‘promotion’ postpaid or upgrade price must commit to a 2 year voice and data contract.

A customer that purchases a Samsung, Motorola, Nokia or Coral handset at the discounted ‘promotion’ postpaid price must commit to a 2 year voice contract.

A customer that purchases a phone at the discounted ‘promotion’ prepaid price will receive a free $20 monthly credit over three months ($20 in January, $20 in February and $20 in March) when they Top Up with at least $20 each of these months.

This is a limited time offer until Thursday, December 31^st at 11:59pm or until promotional supplies 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.

Digicel staff, family members and members of their immediate household are not eligible for this contest.

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.