Terms and Conditions for My PrimeTel
1.1. My PrimeTel (the “Service”) is a service offered by PrimeTel PLC (the “Company”) to all its subscribers (the “Subscribers”) enabling them to view and/or manage their services via the internet and in particular through the Company’s website.
1.2. These terms and conditions apply to the use of the Service by the Subscribers.
1.3. Any terms not defined herein shall have the meaning given to them in the General Terms and Conditions of the Company, unless a contrary meaning is ascribed to them in the context of these terms and conditions.
2. The Service
2.1. The Service is available to all Subscribers who:
2.1.1. are at least 18 years old; and
2.1.2. have a contract with the Company or, if not, have properly registered with the Company, in order to use the Service.
2.2. The Service may be used by Subscribers to view their account(s) and/or services with the Company, pay bills, request additional services from the Company upgrade or downgrade services, top-up their services, etc.
2.3. Notwithstanding the aforesaid, some services of the Company may be subject to limitations of access and/or management via the use of the Service and some Subscribers or categories of Subscribers (e.g. not registered pre-paid mobile subscribers), may not be able to use the Service depending on technical or other limitations and Company policy from time to time.
3. Access to the Service
3.1. Access to the Service will be gained via the use of a username and password to be provided by the Company to the Subscriber. The username and the password will be sent by the Company to the Subscriber via a letter or sms or email.
3.2. Upon first use of the Service the Subscriber will be asked whether he wishes to change the password provided. The Company strongly recommends that the Subscriber changes the password.
3.3. The Subscriber is solely and exclusively responsible for the safe keeping and confidentiality of the username and/or the password and shall be liable for any Services used and/or any activities done via the Service with the use of the username and/or the password).
3.4. In the event of loss or theft or suspected non-authorised use of the username and/or the password the Subscriber should notify the Company immediately.
3.5. The username and/or the password are personal, non-transferable and non-negotiable.
4. Use of the Service and Subscriber’s Obligations
4.1. The Subscriber shall at all times be liable and responsible for anything done via the Service.
4.2. The Subscriber is obliged to and hereby declares and confirms that:
4.2.1. he shall use the Service in accordance with these terms and conditions and in a manner not prejudicial and/or harmful to the Company and/or other Subscribers; and
4.2.2. he shall at all times provide the Company with true, accurate, complete and up to date information when using the Service; If the Company reasonably suspects that the information provided is false, inaccurate, not recent or incomplete, it shall have the right to deny or terminate access to the Service to the Subscriber, without any prior notice; and
4.2.3. he shall use the Service in accordance with the Regulation of Electronic Communications and Postal Services Law of 2004, as amended and in force from time to time and with the respective Electronic Communications and Postal Services Regulations.
4.3. Without prejudice to the generality of the above and/or of the these terms and conditions the Subscriber shall be obliged to refrain from any of the following when using the Service:
4.3.1. any act that is in breach with the current laws or good morals or omits anything provided by law;
4.3.2. the use of telecommunications or electronic communications in a way incompatible to their purpose;
4.3.3. any act that constitutes a criminal offence or instigates to commit a criminal offence;
4.3.4. any act that constitutes tort against person or instigates tort against any person;
4.3.5. anything that has immoral content or instigates immoral behaviour or has sexual meaning or content;
4.3.6. anything that offends the faith and/or the principles and/or the religion of a person;
4.3.7. anything that offends the constitutional rights of a person;
4.3.8. anything that harms the Company’s good name;
4.3.9. anything that is racious, discriminatory, harassing, defamatory, libellous or fraudulent;
4.3.10. cause harm to under-age individuals in any way;
4.3.11. infringe on any third party’s patent, copyright, trademark, trade secret, intellectual property rights or other proprietary rights;
4.3.12. collect, use, store or control any third party’s personal data.
5. Submission of Orders
5.1. In case that the Subscriber submits any order to the Company via the Service the Subscriber shall be able to review and follow up the status of the order by using the reference number provided to the Subscriber by the Company.
5.2. An order will be valid and binding to the Company once the Company confirms:
5.2.1. receipt of the order which can be done via the Service or otherwise; and
2.2.2. receipt of any amount that needs to be paid by the Subscriber for the order.
6. Protection of Personal Data
6.1. The Company shall take all necessary measures for the protection of the confidentiality of the Subscriber’s personal data which are submitted or are transmitted via the Service and shall comply with the provisions of the Processing of Personal Data (Protection of Individuals) Law of 2001, L.138(I)/2001, or any law amending or substituting same.
6.2. The Company may reveal information and data relating to a Subscriber or the use of the Service by a Subscriber if this is required by law, or by a Court order, or by a decision taken by a competent Authority.
7. Limitation of Liability
7.1. The Company shall not be liable for any advertisement, services or goods or any material that is provided via the Service or for any demand which is connected to the Service or the use of the Service.
7.2. The Company shall not be liable for any direct, indirect, exemplary, consequential or punitive loss or damages, for loss of profits or reputation or any other damage which results from:
7.2.1. the use or the inability to use the Service;
7.2.2. any products, data, information or services obtained or accessed via the Service;
7.2.3. unauthorized or fraudulent access to the Service;
7.2.4. any demand related to the use of software used for the Service;
7.2.5. breach of any rights of any nature of any person, which occurs or is being attempted via the Service;
7.2.6. Interruption of the Service or disconnection or barring of Subscribers from the Service.
7.3. The Company shall not be liable for any non-provision or delay or provision of goods or services which is due to the fact that the Subscriber provided false or incomplete information and/or data to the Company for the accuracy of which the Subscriber shall remain solely liable.
8.1. The Subscriber shall indemnify and hold the Company, its associated companies, shareholders, officials, directors, employees, authorized representatives or successors harmless from and against all suits or claims, including legal fees, which may be brought against the Company by third parties resulting from any cause, action or inaction related to the use of the Service or the services or otherwise from the use of software or the content of the information or the advertisements or breach of these terms and conditions.
8.2. Provided that in any such case the Company shall notify the Subscriber for the suit or claim and shall give the Subscriber any opportunity and assistance for the defense of such suit or claim and shall not make an admission or compromise or any other act that may prejudice such defense without the approval of the Subscriber unless the Subscriber fails to defend such suit or claim within fifteen (15) days from the date on which he is notified of any such suit or claim.
9.1. The Company makes no express or implied warranty, including but not limited to, any implied warranty for merchantability or fitness for purpose. In particular, the Company does not warrant that the Service will not be interrupted, will be timely, secured, error free or that the Service will be available in any time or place.
10. Intellectual Property
10.1. The Service and the software of the Service contain information which are or may be protected by intellectual property laws, legislation on copyright, trademarks, patents or other proprietary rights.
10.2. The Subscribers are not allowed to copy, reproduce or distribute in any way the content of the Service or to create any products resulting from the content of the Service, without the express authorization of the Company or the publisher/owner of any such content.
11.1. The Company reserves the right to update, amend or suspend (temporarily or permanently) the Service and/or the terms and conditions for use of the Service.
11.2. The Company reserves the right to discontinue access to the Service in case of breach of the terms and conditions for use of the Service.
12. Applicable Law
12.1. The use of the Service and these terms and conditions shall be governed by the laws of the Republic of Cyprus.
12.2. Any dispute arising in relation to the Service and/or these terms and conditions shall be resolved by the competent Courts of the Republic of Cyprus.
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