Your Responsibility. 5.1 You are responsible for: (a) ensuring that all Equipment connected to the Mobile Service by you, or on your behalf, is technically compatible with the relevant Mobile Service(s) and that the Equipment complies with and is used in accordance with all reasonable procedures notified by us and any Applicable Law; (b) ensuring that you do not alter, tamper, reverse engineer, repair or attempt to repair the Mobile Service, Equipment and / or Mobile Equipment or cause, or allow, a third party to do any of these acts; (c) selecting, supplying and maintaining your own facilities, Equipment and Mobile Equipment; (d) the content and security of any data or information which you send or receive using the Mobile Service; (e) ensuring that the use of the Mobile Service is for personal and private use; and (f) any use of the Mobile Service, by you or any third party, whether authorised or not. 5.2 You are responsible for any use of our Mobile Service (by you or another): (a) that interferes or threatens to interfere with the efficiency of our network; (b) to send or upload any content which is obscene, offensive, abusive, menacing, harassing or threatening in any way; (c) to breach another person's rights, including copyright or other intellectual property rights; (d) to distribute any tool that may compromise or breach any security features or harm or interfere with the normal operations of any network facility or service; (e) to send unsolicited commercial messages or contents; (f) that may be unlawful, fraudulent, improper, unauthorised, harassing, discriminatory, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable manner; (g) that may be harmful or detrimental to us or our reputation; or (h) that may encourage conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any Applicable Law. 5.3 Your responsibility regarding Equipment and/or Mobile Equipment: (a) If you purchase Equipment and/or Mobile Equipment from a third party, you understand and agree that the Equipment and/ or Mobile Equipment does not form part of our Mobile Service Agreement and you are responsible for any repairs to the Mobile Equipment and for ensuring the Mobile Equipment you use is compatible and can be used with any Mobile Service you have subscribed to. (b) If you purchase Mobile Equipment from us, you understand that the manufacturer of the Equipment and/or Mobile Equipment may provide certain warranties in relation to the Equipment and/or Mobile Equipment. During any warranty period provided by the manufacturer, we are not liable to you for any defect to, or repair of, the Equipment and/or Mobile Equipment. (c) Following the expiry of any warranty period provided by the manufacturer or if no warranties are given by the manufacturer, we may, at our sole discretion agree to repair or replace your Equipment and/or Mobile Equipment for such Charges and on such terms as may be set by us from time to time. (d) All Equipment and/or Mobile Equipment submitted for repair must be accompanied by its Sales Memo so that we or the manufacturer may verify purchase of the Equipment and/or Mobile Equipment and the warranty period. All repairs are subject to and will be provided in accordance with the terms and conditions of the Equipment and/or Mobile Equipment manufacturer's warranty. (e) If we are unable to deliver all or any part of the Equipment and/or Mobile Equipment ordered due to any occurrence or circumstances beyond our control, we will have the right to cancel the order or the undelivered balance without any liability to you in respect of such cancellation. 5.4 Depending on your chosen Services, certain third party information or Content services provided by the Third Party Providers may also be available for access and use by you through the Services provided by us, You agree to comply with the applicable terms and conditions specified by such Third Party Providers if you choose to use their information or Content services. 5.5 In providing access to such third party information or Content services, you agree that we are not responsible or liable for: (a) the act, negligence or omission of such Third Party Providers; (b) your use of the information or Content services provided by such Third Party Providers; and (c) the transaction or any dispute between you and such Third Party Providers.
Appears in 4 contracts
Samples: Mobile Service Agreement, Mobile Service Agreement, Mobile Service Agreement
Your Responsibility. 5.1 You are responsible for:
(a) ensuring that all Equipment connected to the Mobile Service by you, or on your behalf, is technically compatible with the relevant Mobile Service(s) and that the Equipment complies with and is used in accordance with all reasonable procedures notified by us and any Applicable Law;
(b) ensuring that you do not alter, tamper, reverse engineer, repair or attempt to repair the Mobile Service, Equipment and / or Mobile Equipment or cause, or allow, a third party to do any of these acts;
(c) selecting, supplying and maintaining your own facilities, Equipment and Mobile Equipment;
(d) the content and security of any data or information which you send or receive using the Mobile Service;
(e) ensuring that the use of the Mobile Service is for personal and private use; and
(f) any use of the Mobile Service, by you or any third party, whether authorised or not.
5.2 You are responsible for any use of our Mobile Service (by you or another):
(a) that interferes or threatens to interfere with the efficiency of our network;
(b) to send or upload any content which is obscene, offensive, abusive, menacing, harassing or threatening in any way;
(c) to breach another person's ’s rights, including copyright or other intellectual property rights;
(d) to distribute any tool that may compromise or breach any security features or harm or interfere with the normal operations of any network facility or service;
(e) to send unsolicited commercial messages or contents;
(f) that may be unlawful, fraudulent, improper, unauthorised, harassing, discriminatory, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable manner;
(g) that may be harmful or detrimental to us or our reputation; or
(h) that may encourage conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any Applicable Law.
5.3 Your responsibility regarding Equipment and/or Mobile Equipment:
(a) If you purchase Equipment and/or Mobile Equipment from a third party, you understand and agree that the Equipment and/ or and/or Mobile Equipment does not form part of our Mobile Service Agreement and you are responsible for any repairs to the Mobile Equipment and for ensuring the Mobile Equipment you use is compatible and can be used with any Mobile Service you have subscribed to.
(b) If you purchase Mobile Equipment from us, you understand that the manufacturer of the Equipment and/or Mobile Equipment may provide certain warranties in relation to the Equipment and/or Mobile Equipment. During any warranty period provided by the manufacturer, we are not liable to you for any defect to, or repair of, the Equipment and/or Mobile Equipment.
(c) Following the expiry of any warranty period provided by the manufacturer or if no warranties are given by the manufacturer, we may, at our sole discretion agree to repair or replace your Equipment and/or Mobile Equipment for such Charges and on such terms as may be set by us from time to time.
(d) All Equipment and/or Mobile Equipment submitted for repair must be accompanied by its Sales Memo so that we or the manufacturer may verify purchase of the Equipment and/or Mobile Equipment and the warranty period. All repairs are subject to and will be provided in accordance with the terms and conditions of the Equipment and/or Mobile Equipment manufacturer's ’s warranty.
(e) If we are unable to deliver all or any part of the Equipment and/or Mobile Equipment ordered due to any occurrence or circumstances beyond our control, we will have the right to cancel the order or the undelivered balance without any liability to you in respect of such cancellation.
5.4 Depending on your chosen Services, certain third party information or Content services provided by the Third Party Providers may also be available for access and use by you through the Services provided by us, You agree to comply with the applicable terms and conditions specified by such Third Party Providers if you choose to use their information or Content services.
5.5 In providing access to such third party information or Content services, you agree that we are not responsible or liable for:
(a) the act, negligence or omission of such Third Party Providers;
(b) your use of the information or Content services provided by such Third Party Providers; and
(c) the transaction or any dispute between you and such Third Party Providers.
5.6 You represent and warrant that neither you, nor the end-user of the Service (if applicable), is prohibited or restricted from receiving or obtaining the Service and any part thereof, (including but not limited to any equipment, software, or technology supplied under this Agreement, under any applicable export laws and regulations (“Export Laws”). You further represent and warrant that you are not subject to, or owned by a party (not less than 50% ownership) subject to any sanctions administered by the US Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or any other government agency, or any supranational organization (collectively, “Sanctions Lists”). In no event shall we be held liable for failing to supply the Service due to the prohibitions or restrictions under the Export Laws and/or the Sanctions Lists. You will indemnify us and will hold us and our Affiliates harmless from and against any liability, loss, damage or expenses (including reasonable attorney’s fees) that we and our Affiliates may incur by reason of any claim, suit, or proceeding arising from breach of these warranties.
Appears in 4 contracts
Samples: Mobile Service Agreement, Mobile Service Agreement, Mobile Service Agreement
Your Responsibility. 5.1 You are responsible for:
(a) ensuring that all Equipment connected to the Mobile Service by you, or on your behalf, is technically compatible with the relevant Mobile Service(s) and that the Equipment complies with and is used in accordance with all reasonable procedures notified by us and any Applicable Law;
(b) ensuring that you do not alter, tamper, reverse engineer, repair or attempt to repair the Mobile Service, Equipment and / or Mobile Equipment or cause, or allow, a third party to do any of these acts;
(c) selecting, supplying and maintaining your own facilities, Equipment and Mobile Equipment;
(d) the content and security of any data or information which you send or receive using the Mobile Service;
(e) ensuring that the use of the Mobile Service is for personal and private use; and
(f) any use of the Mobile Service, by you or any third party, whether authorised or not.
5.2 You are responsible for any use of our Mobile Service (by you or another):
(a) that interferes or threatens to interfere with the efficiency of our network;
(b) to send or upload any content which is obscene, offensive, abusive, menacing, harassing or threatening in any way;
(c) to breach another person's ’s rights, including copyright or other intellectual property rights;
(d) to distribute any tool that may compromise or breach any security features or harm or interfere with the normal operations of any network facility or service;
(e) to send unsolicited commercial messages or contents;
(f) that may be unlawful, fraudulent, improper, unauthorised, harassing, discriminatory, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable manner;
(g) that may be harmful or detrimental to us or our reputation; or
(h) that may encourage conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any Applicable Law.
5.3 Your responsibility regarding Equipment and/or Mobile Equipment:
(a) If you purchase Equipment and/or Mobile Equipment from a third party, you understand and agree that the Equipment and/ or and/or Mobile Equipment does not form part of our Mobile Service Agreement and you are responsible for any repairs to the Mobile Equipment and for ensuring the Mobile Equipment you use is compatible and can be used with any Mobile Service you have subscribed to.
(b) If you purchase Mobile Equipment from us, you understand that the manufacturer of the Equipment and/or Mobile Equipment may provide certain warranties in relation to the Equipment and/or Mobile Equipment. During any warranty period provided by the manufacturer, we are not liable to you for any defect to, or repair of, the Equipment and/or Mobile Equipment.
(c) Following the expiry of any warranty period provided by the manufacturer or if no warranties are given by the manufacturer, we may, at our sole discretion agree to repair or replace your Equipment and/or Mobile Equipment for such Charges and on such terms as may be set by us from time to time.
(d) All Equipment and/or Mobile Equipment submitted for repair must be accompanied by its Sales Memo so that we or the manufacturer may verify purchase of the Equipment and/or Mobile Equipment and the warranty period. All repairs are subject to and will be provided in accordance with the terms and conditions of the Equipment and/or Mobile Equipment manufacturer's ’s warranty.
(e) If we are unable to deliver all or any part of the Equipment and/or Mobile Equipment ordered due to any occurrence or circumstances beyond our control, we will have the right to cancel the order or the undelivered balance without any liability to you in respect of such cancellation.
5.4 Depending on your chosen Services, certain third party information or Content services provided by the Third Party Providers may also be available for access and use by you through the Services provided by us, You agree to comply with the applicable terms and conditions specified by such Third Party Providers if you choose to use their information or Content services.
5.5 In providing access to such third party information or Content services, you agree that we are not responsible or liable for:
(a) the act, negligence or omission of such Third Party Providers;
(b) your use of the information or Content services provided by such Third Party Providers; and
(c) the transaction or any dispute between you and such Third Party Providers.
Appears in 2 contracts
Your Responsibility. 5.1 You are responsible for:
(a) ensuring that all Equipment connected to the Mobile Service by you, or on your behalf, is technically compatible with the relevant Mobile Service(s) and that the Equipment complies with and is used in accordance with all reasonable procedures notified by us and any Applicable Law;
(b) ensuring that you do not alter, tamper, reverse engineer, repair or attempt to repair the Mobile Service, Equipment and / or Mobile Equipment or cause, or allow, a third party to do any of these acts;
(c) selecting, supplying and maintaining your own facilities, Equipment and Mobile Equipment;
(d) the content and security of any data or information which you send or receive using the Mobile Service;
(e) ensuring that the use of the Mobile Service is for personal your company own use and private usenot for resell; and
(f) any use of the Mobile Service, by you or any third party, whether authorised or not.
5.2 You are responsible for any use of our Mobile Service (by you or another):
(a) that interferes or threatens to interfere with the efficiency of our network;
(b) to send or upload any content which is obscene, offensive, abusive, menacing, harassing or threatening in any way;
(c) to breach another person's ’s rights, including copyright or other intellectual property rights;
(d) to distribute any tool that may compromise or breach any security features or harm or interfere with the normal operations of any network facility or service;
(e) to send unsolicited commercial messages or contents;
(f) that may be unlawful, fraudulent, improper, unauthorised, harassing, discriminatory, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable manner;
(g) that may be harmful or detrimental to us or our reputation; or
(h) that may encourage conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any Applicable Law.
5.3 Your responsibility regarding Equipment and/or Mobile Equipment:
(a) If you purchase Equipment and/or Mobile Equipment from a third party, you understand and agree that the Equipment and/ or and/or Mobile Equipment does not form part of our Mobile Service Agreement and you are responsible for any repairs to the Mobile Equipment and for ensuring the Mobile Equipment you use is compatible and can be used with any Mobile Service you have subscribed to.
(b) If you purchase Mobile Equipment from us, you understand that the manufacturer of the Equipment and/or Mobile Equipment may provide certain warranties in relation to the Equipment and/or Mobile Equipment. During any warranty period provided by the manufacturer, we are not liable to you for any defect to, or repair of, the Equipment and/or Mobile Equipment.
(c) Following the expiry of any warranty period provided by the manufacturer or if no warranties are given by the manufacturer, we may, at our sole discretion agree to repair or replace your Equipment and/or Mobile Equipment for such Charges and on such terms as may be set by us from time to time.
(d) All Equipment and/or Mobile Equipment submitted for repair must be accompanied by its Sales Memo so that we or the manufacturer may verify purchase of the Equipment and/or Mobile Equipment and the warranty period. All repairs are subject to and will be provided in accordance with the terms and conditions of the Equipment and/or Mobile Equipment manufacturer's ’s warranty.
(e) If we are unable to deliver all or any part of the Equipment and/or Mobile Equipment ordered due to any occurrence or circumstances beyond our control, we will have the right to cancel the order or the undelivered balance without any liability to you in respect of such cancellation.
5.4 Depending on your chosen Services, certain third party information or Content services provided by the Third Party Providers may also be available for access and use by you through the Services provided by us, You agree to comply with the applicable terms and conditions specified by such Third Party Providers if you choose to use their information or Content services.
5.5 In providing access to such third party information or Content services, you agree that we are not responsible or liable for:
(a) the act, negligence or omission of such Third Party Providers;
(b) your use of the information or Content services provided by such Third Party Providers; and
(c) the transaction or any dispute between you and such Third Party Providers.
Appears in 2 contracts
Samples: Mobile Services Agreement, Mobile Services Agreement
Your Responsibility. 5.1 You are responsible for:
(a) ensuring that all Equipment equipment connected to the Mobile Service by you, or on your behalf, is technically compatible with the relevant Mobile Service(s) and that the Equipment equipment complies with and is used in accordance with all reasonable procedures notified by us and any Applicable Law;
(b) ensuring that you do not alter, tamper, reverse engineer, repair or attempt to repair the Mobile Service, Equipment Service and / or Mobile Equipment or cause, or allow, a third party to do any of these acts;
(c) selecting, supplying and maintaining your own facilities, Equipment equipment and Mobile Equipment;
(d) the content and security of any data or information which you send or receive using the Mobile Service;
(e) ensuring that the use of the Mobile Service is for personal and private use; and
(f) any use of the Mobile Service, by you or any third party, whether authorised or not.
5.2 You are responsible for any use of our Mobile Service (by you or another):
(a) that interferes or threatens to interfere with the efficiency of our network;
(b) to send or upload any content which is obscene, offensive, abusive, menacing, harassing or threatening in any way;
(c) to breach another person's ’s rights, including copyright or other intellectual property rights;
(d) to distribute any tool that may compromise or breach any security features or harm or interfere with the normal operations of any network facility or service;
(e) to send unsolicited commercial messages or contents;
(f) that may be unlawful, fraudulent, improper, unauthorised, harassing, discriminatory, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable manner;
(g) that may be harmful or detrimental to us or our reputation; or
(h) that may encourage conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any Applicable Law.
5.3 Your responsibility regarding Equipment and/or Mobile Equipment:
(a) If you purchase Equipment and/or Mobile Equipment from a third party, you understand and agree that the Equipment and/ or Mobile Equipment does not form part of our Mobile Service Agreement and you are responsible for any repairs to the Mobile Equipment and for ensuring the Mobile Equipment you use is compatible and can be used with any Mobile Service you have subscribed to.
(b) If you purchase Mobile Equipment from us, you understand that the manufacturer of the Equipment and/or Mobile Equipment may provide certain warranties in relation to the Equipment and/or Mobile Equipment. During any warranty period provided by the manufacturer, we are not liable to you for any defect to, or repair of, the Equipment and/or Mobile Equipment.
(c) Following the expiry of any warranty period provided by the manufacturer or if no warranties are given by the manufacturer, we may, at our sole discretion agree to repair or replace your Equipment and/or Mobile Equipment for such Charges and on such terms as may be set by us from time to time.
(d) All Equipment and/or Mobile Equipment submitted for repair must be accompanied by its Sales Memo so that we or the manufacturer may verify purchase of the Equipment and/or Mobile Equipment and the warranty period. All repairs are subject to and will be provided in accordance with the terms and conditions of the Equipment and/or Mobile Equipment manufacturer's warranty.
(e) If we are unable to deliver all or any part of the Equipment and/or Mobile Equipment ordered due to any occurrence or circumstances beyond our control, we will have the right to cancel the order or the undelivered balance without any liability to you in respect of such cancellation.
5.4 Depending on your chosen Services, certain third party information or Content services provided by the Third Party Providers may also be available for access and use by you through the Services provided by us, You agree to comply with the applicable terms and conditions specified by such Third Party Providers if you choose to use their information or Content services.
5.5 In providing access to such third party information or Content services, you agree that we are not responsible or liable for:
(a) the act, negligence or omission of such Third Party Providers;
(b) your use of the information or Content services provided by such Third Party Providers; and
(c) the transaction or any dispute between you and such Third Party Providers.
Appears in 1 contract
Samples: Service Agreement