Father's Day Promotion

The Digicel “Father’s Day Promotion”
Terms and Conditions

1. Definitions

The “Father’s Day 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 “Father’s Day Promotion” (hereafter referred to as “Promotion”).

In these conditions "Promotion" means a temporary offer devised to promote usage of the cellular phone service offered by the Company.

2. Agreement

By purchasing one of the selected phones on sale, and activating a new postpaid (SELECT) plan with voice and data, you have agreed to these terms and conditions.

Customers upon signing up for a Postpaid (SELECT) plan are subject to the SELECT Plans Terms and Conditions.

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.

The Promotion commences on June 11^th, 2009 and ends June, 20^th, 2009 (“the Promotion Period”) or while stocks last.

This agreement is governed by the Laws of Bermuda.

3. Promotion Description

Free phone offer: When the customer visits the Church Street Digicel store located in the City of Hamilton, the first fifty customers that switch over to Digicel from a competitive cellular provider will receive a free BlackBerry Pearl Flip 8220. In order to receive a free BlackBerry Pearl Flip 8220, the customer must have excellent credit rating (A), commit to a two year agreement, sign up with a minimum package of 500 SELECT Voice (or higher) Plan plus Data Plan and the customer will not be able to change the plan until their contract ends.

Discounted phones: when a customer visits a Digicel store or the various dealer locations and purchases a select Blackberry phone and signs up for a new postpaid plan that includes both voice and data, then they are eligible for the discounted phone rates of this promotion.

Reduced handsets and their prices for this promotion include the following:

This is a limited offer. Promotional prices are good while stocks last.

Eligibility: current customers that do not have a post paid account with Digicel (prepaid customers) can take part in this promotion. Customers that are not currently part of the Digicel family can also take part in this promotion. Corporate customers that do not have personal postpaid accounts and wish to open a new postpaid account can take part in this promotion.

The following locations are taking part in this discounted phone prices of the Promotion:

·         Digicel Store, Church Street, Hamilton

·         Audio Visual, Hamilton

·         Audio Visual, Somerset

4. Fair Use Policy

The Promotion is offered for the personal use of individuals and not 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.