VODACOM TANZANIA LIMITED SUBSCRIBER TERMS AND CONDITIONS

 

                    Nature of Terms and Conditions & Applicability

      1. These terms and conditions are issued by Vodacom Tanzania Limited (hereinafter “Vodacom” or “we” or “us” “ourselves”) to Vodacom Subscriber and or Customer (hereinafter “you” or “your” or “user” “yourself”).
      2. These terms and conditions shall apply to all Vodacom Subscribers and or Customers of Services provided by Vodacom which include but not limited to Services of voice, data, internet, value added services and mobile money services (M-PESA).

                   Disclaimer 

      1. Whilst every effort has been made by Vodacom, its affiliated companies, employees, suppliers, agents and or vendors to ensure Services is provided appropriately, Vodacom, its affiliated companies, employees, suppliers, agents and or vendors do not guarantee the availability of Services at all times or that Services will be uninterrupted or error free or accurate or secure or complete or meet your requirement.
      2. We make no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of Services and Services are thus used at your own risk.
      3. We will not generally entertain requests for exchanges, returns and/or refunds for use of the Services.

                   Indemnification

      1. You indemnify and holds us harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of Services offered, or the use of Services whether due to our negligence or not.

                    Use of Services

        You may only use Services for lawful purposes and you warrant that you shall not:
        1. use Services to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful;
        2. use Services to carry out or facilitate any illegal act of corruption, bribery, money laundry or any other unlawful act;

                    Privacy Statement

      1. Vodacom and all its associated companies are committed to respecting the privacy of your personal data. To demonstrate our commitment, Vodacom has created this Security and Privacy Statement in order to communicate its intent to provide effective processes for the appropriate handling of such private information and to comply with applicable legislation that governs the authentication, protection and disclosure of personal information.
      2. Vodacom have implemented technology, policies and processes aimed at protecting the confidentiality, integrity and availability of your personal information. We will update and refine these measures on an ongoing basis. Vodacom assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond our control.
      3. Vodacom does not distribute any of your personal information to third parties unless it's requested by you or it’s legally required to do so by a statute. For avoidance of doubt and clarity, Vodacom may be obligated to disclose personal information to meet any legal or regulatory requirements of applicable laws.
      4. Vodacom reserves the right to amend or modify this Security and Privacy statement at any time in response to new privacy legislation.
      5. Monitoring or recording of your communications such as calls or SMS's may take place as required by law or for business purposes to the extent permitted by law in order. However, in these situations, we will not disclose information that could be used to personally identify you.

                    Intellectual Property Rights

      1. You acknowledge that we own the intellectual property rights on Services and that the unauthorized use thereof is expressly prohibited.

                    Password

      1. For Services that requires password such as M-PESA,you undertake to keep your password secure and warrant that no other person shall use Services utilizing your password, and you acknowledge further that you are responsible for ensuring that no unauthorized access to Services is obtained using your password, and that you will be liable for all such activities conducted pursuant to such use, whether authorized or not.

                   Termination and Variation

      1. We reserve the right to alter, restrict and/or terminate Services to you in particular, or to the public in general, without notice or reason, or to revise these terms and conditions, and/or the prices at which Services are offered, at any time. Such changes will be deemed to have been accepted by you if you continue using the Services. The obligation therefore is on you to review these terms and conditions at regular intervals.

                  General

      1. These terms and conditions will be governed by and construed in accordance with the laws of Tanzania, and you shall submit to the jurisdiction of Tanzanian Courts.
      2. These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.
      3. Our failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.
      4. These terms and conditions, as varied by us from time to time constitute the sole agreement between yourself and ourselves. Where a specific agreement has been signed between yourself and ourselves which contain similar terms and conditions the provision of such specific terms and conditions shall take precedent in the event of conflict or inconsistency.
      5. These terms and conditions shall be for the benefit of Vodacom and may be waived by us in our discretion.
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