A. IMPORTANT INFORMATION
The terms and conditions of this Agreement govern the relationship between Cable & Wireless (Barbados) Limited (“US”) and You, an individual user, for the use of the Service. Your agreement with US is made up of these Terms and Conditions, the General Terms and Conditions for Residential Services, the Service Specific Terms and Conditions for Mobile Services (each including any other document or information we refer to in those terms) and Terms and Conditions for FLOW ID. If any of these documents contradict each other, then these Terms and Conditions shall prevail only to the extent of any inconsistency. These Terms and Conditions and other information are available at www.discoverflow.co. You must read and accept these Terms and Conditions before you use the Service.
1.1 In these Terms and Conditions:
Content: means all information, applications, data, text, images, video, graphics, sound, music, photographs, software, postings, messages, or other materials including links to other sites which are accessible and available through the Service;
Day: means business day and excludes Saturdays, Sundays or public holidays;
FLOW: means the brand under which We sell and market Our residential products and services; FLOW ID: Flow ID is Your unique digital user account that gives You access to the digital services of FLOW and its external content partners.
Internet: means the global information system consisting of a large number of interconnected computer networks that communicates through the use of TCIP/IP network protocols; commonly referred to as the World Wide Web;
Network: means Our Telecommunications network by which We provide the Service under this Agreement;
Service: means internet access over Our broadband network using wireless technology and any other facilities that We agree to provide to You under the Agreement for your use using your mobile phone;
Session: means the period of time allocated for using the Service;
Telecommunication: means any transmission, emission or reception of signs, signals, writings, images, sounds or intelligence of any kind;
Us, Our or We: means Cable & Wireless (Barbados) Limited;
You or Your: means the prepaid or postpaid mobile customer who accepts these Terms and Conditions and uses the Services;
2. ACCEPTANCE OF AGREEMENT BY USE/ACTIVATION
2.1 BY USING, ACTIVATING OR ACCESSING THE SERVICE YOU WARRANT AND REPRESENT THAT YOU ARE EIGHTEEN (18) YEARS OR OLDER AND THAT YOU AGREE TO BE BOUND BY AND USE THE SERVICE IN COMPLIANCE WITH THESE TERMS AND CONDITIONS AND ALL OF OUR APPLICABLE TERMS AND CONDITIONS AND OUR USAGE POLICIES. If You do not agree to the terms and conditions of this Agreement, do not use the Service. Your electronic acceptance on C&W’s portal, your activation or use of the Service or your signature constitutes your acceptance of the Agreement. Your electronic acceptance of the Agreement shall have the same force and effect as if you had actually signed the Agreement.
3. SERVICE COMMENCEMENT
3.1 You must be a Cable & Wireless prepaid or postpaid mobile customer with a valid FLOW ID to use the Service. 3.2 The Service starts when You have accepted these Terms and Conditions and have logged into the Service with your FLOW ID using your mobile device.
4. USE OUTSIDE OF BARBADOS
4.1 The Service is not available outside of Barbados and therefore standard roaming rates, (access, airtime and/or megabyte charges) will apply when downloading or sending data while outside of Barbados. While roaming You will be charged at applicable prevailing roaming rates for all data sent or received by You (including, without limitation, "free" software downloads, messaging, unsolicited information and advertisements), regardless of whether the data is requested, actually or completely delivered, received or stored. In some cases data packets will be resent to ensure complete delivery and You will be billed for these resent packets.
5. USE OF SERVICE
5.1 The Service is provided for personal non-commercial use. You agree not to resell any aspect of the Service, whether for profit or otherwise, share Your, Your IP address or ISP Internet connection with anyone, access the Service simultaneously through multiple units or authorize any other individual or entity to use the Service. You agree that sharing the Service with another party breaches this Agreement and may constitute fraud or theft, for which We reserve all rights and remedies. You shall not assign Your FLOW ID or IP address to any other person.
5.2 You expressly agree not to use or attempt to use the Service, Our network or Our website for any fraudulent, unlawful, harassing, abusive or otherwise improper purpose, or so as to damage or cause risk to Our business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, but are not limited to:
5.2.1 violating any applicable law or regulation;
5.2.2 posting or transmitting content You do not have the right to post or transmit;
5.2.3 posting or transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right;
5.2.5 posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as determined in Our sole discretion;
5.2.6 attempting to intercept, collect or store data about third parties without their knowledge or consent;
5.2.7 deleting, tampering with or revising any material posted by any other person or entity;
5.2.8. accessing, tampering with or using non-public areas of the Service or any of Our websites, computer systems and Network;
5.2.9 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
5.2.10 attempting to access or search the Service or any of Our networks or websites with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Us or other generally available third party web browser;
5.2.11 sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail" or "junk mail";
5.2.12 using or attempting to use the Service or any of Our websites to send altered, deceptive or false source-identifying information;
5.2.13 attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service or any of Our websites;
5.2.14 interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Service or any of Our websites, overloading, "flooding," "spamming," "crashing," or "mailbombing" the Service or any of Our websites; or
5.2.15 impersonating or misrepresenting Your affiliation with any person or entity. 5.3 If We suspect violations of any of the above, We may:
5.3.1 institute legal action;
5.3.2 immediately, without prior notice to You suspend provision of the Service and any other Cable & Wireless service so as to conduct appropriate investigation, following which We may immediately terminate the Agreement, the Service and/or any other service which We provide to You;
5.3.3 where applicable, immediately terminate any other agreements between Us and You and Our services provided under those agreements by providing You with notice in writing; and
5.3.4 co-operate with law enforcement authorities in bringing legal proceedings against violators.
5.4 You agree to reasonably cooperate with Us in investigating suspected violations.
5.5 We may carry out discretional monitoring at any time to regulate compliance with these Terms,
Usage Policies and Related Agreements. The recipients of information may be internationally based. You shall not take any actions to alter or avoid any security or access controls or restrictions associated with Flow ID.
5.6 We may, but are not obligated to, in Our sole discretion and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails) that We consider to be actual or potential violations of the restrictions set forth in this Agreement and or in Our Usage Policies including but not limited to those activities described in this Clause and any other activities that may subject Us or Our customers to liability. We expressly disclaim any and all liability for any failure on Our part to prevent such materials or information from being transmitted over the Service.
6.1 We do not control, nor are We responsible or liable for, data, content, services, or products (including software) that You access, download or buy via the Service.
6.2. Wireless systems use radio channels to transmit voice and data communications over a complex network. Privacy cannot be guaranteed and We are not liable to You or any other party for any lack of privacy experienced while using the Service. You acknowledge that You are responsible for taking such precautions and providing such security measures best suited for Your situation and intended use of the Service.
6.3 The Internet contains unedited materials, some of which may be offensive to You. We are not a publisher of third-party content accessed through the Service and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.
6.4 You are responsible for paying all fees and charges of third party vendors whose sites, products or services You access, buy or use via the Service. If You choose to use the Service to access web sites, services or content, or purchase products from third parties, Your personal information may be available to the third-party provider. How third parties handle and use Your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not Ours. We have no responsibility for third party provider policies, or compliance with them.
6.5 You are solely responsible and accept all risk for all access to and use of the Service, including any breach of this Agreement by You or any other user of Your Service.
7. SERVICE AVAILABILITY
7.1 You are responsible for providing all equipment required to access and use the Service. You are responsible for ensuring that Your equipment is compatible with the Service. The availability and performance of the Service is subject to all memory, storage and other limitations in Your equipment.
7.2 We do not guarantee islandwide Service coverage. SERVICE IS PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT THE SERVICE IS FAULT FREE, FIT FOR ANY PARTICULAR PURPOSE, ERROR FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SERVICE IS SECURE AND IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACTUAL SERVICE COVERAGE, SPEEDS, LOCATIONS AND QUALITY MAY VARY. SERVICE IS SUBJECT TO UNAVAILABILITY, INCLUDING EMERGENCIES, THIRD PARTY SERVICE FAILURES, TRANSMISSION, EQUIPMENT OR NETWORK PROBLEMS OR LIMITATIONS, INTERFERENCE, SIGNAL STRENGTH, AND MAINTENANCE AND REPAIR, AND MAY BE INTERRUPTED, REFUSED, LIMITED OR CURTAILED AS A RESULT.
7.3 Network speed is an estimate and is no indication of the speed at which the Service sends or receives data. Actual network speed will vary based on Your equipment’s configuration, compression, network congestion and other factors. The accuracy and timeliness of data sent or received is not guaranteed and You accept that delays or omissions may occur.
7.4 We may impose usage or Service limits, suspend Service, or block certain kinds of usage in Our sole discretion.
7.5 We do not warrant that any particular virtual private network will be compatible with the Service.
7.6 We will not supply any software to You in connection with the Service. If You use software packages, applications or configurations then You accept the risk of any failure of the Service resulting from the use of such software packages, applications or configurations.
7.7 We are not responsible for and do not accept any liability for :- (i) data, messages or pages that may be lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks (e.g. the Internet), (ii) loss of service due to the following: (a) customer error, abuse, disconnection, misuse, unauthorized programming; (b) problems with equipment not provided by Us; (c) network problems experienced by network providers or Internet infrastructure problems not controlled by Us.
8. NO WARRANTIES
8.1 You understand that, except for certain services specifically identified as Our services, We do not operate or control the Internet. You assume total responsibility and risk for Your use of the Internet and of the Service.
8.2 We make no express or implied warranties, representations or endorsements regarding any merchandise, information, products or services provided through the Internet
9. CHANGES TO THE SERVICE
9.1 We reserve the right to,at any time vary the Service or these Terms and Conditions. Your continued use of the Service following the change to the Service or these Terms and Conditions shall be deemed to be acceptance of the modified terms and conditions