Terms and Conditions
These are the general terms and conditions ("Terms") governing your access and use of the content and services offered to you on this portal "Portal" or site "Site" (whether you access it from the web, by WAP or on a PDA) (collectively, the "Service" or "Services"). This Site and the Services are operated by or on behalf of Jordan Mobile Telephone Services JMTS (hereinafter referred to as "we", "us", "our" or "Zain"). Any reference to "you" and "yours" shall refer to you, the user of the Service.
Scope of Implementation
The Service is based in the Hashemite Kingdom of Jordan, aimed mainly at Jordanian residents and intended for access and use by Jordan residents only. However, the site is open to all Internet users.
Your access and use of the Service and any information and services provided by us as part of or via the Service is subject to these Terms (which include any directions and guidelines given by us on the Service from time to time) without modification by you. We may change these Terms from time to time, we will provide advance notice of major changes to the Service in accordance with the Jordanian laws, when and where required by law.
By accessing any of the Services (with or without registering for the Service) you accept that you are legally bound by the current Terms on the Service at the time of your access. You should therefore check these Terms each time you access or use any of the Services.
Where a third party service or content provider ("Provider") is identified as providing a particular service or application forming part of the Service, then you may also be contracting directly with such Provider and your access to and use of that service or application may be subject to additional terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms to the extent they are applicable.
Your contract with us shall begin upon the earlier of you:
· completing our registration process; or
· viewing, accessing or using any Service offered by us which does not require registration.
In addition to these Terms, there may be additional terms and conditions which apply to individual Services which you will be required to accept when registering for that Service.
The general terms and conditions of the Zain airtime service agreement and the terms and conditions of the Zain prepaid service (as applicable) shall also apply when using the Service as long as you have a mobile phone on the Zain network.
Passwords and Usernames
Registration: You agree to provide true, accurate, current and complete information when registering for the Service. Following registration, you will be issued with a password to access the Service and any pages for which registration is required. You are responsible for all actions that take place as a result of access to the Service via your password. It is your responsibility to ensure the security of your password and the device that you use to access the Service. Any breach of these Terms by anyone to whom you disclose your password will be treated as a breach by you.
Password: In the event that your password becomes known to any unauthorised user, you are responsible to take action to change it immediately using the methods on the site.
We reserve the right to change your password and account name at any time in our sole and absolute discretion. You agree to perform modifications on any mistakes in your registration details by amending them using the My Profile section on the website or by contacting us.
Username: When registering:
· the user name you choose must not be obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property or proprietary rights of any third party; and
· if we consider in our sole and absolute discretion that the user name selected by you is inappropriate, we reserve the right to reject and prevent your use of such user name at any time with or without notice to you.
We may change your password and username from time to time and we will notify you of any changes by using the contact details that you have provided to us or in any manner we deem reasonable.
All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or animated images) contained in or accessible via the Services ("Content") is either owned by us or has been licensed to us by the legitimate owner(s) for use as part of the Services. You are only allowed to use the Services as set out in these Terms. If you wish to do anything else with any of the Content, you must first obtain the written permission of the owner of the rights in that material. All rights are expressly reserved.
We grant you a non-exclusive, non-transferable right to view and use the Service and the Content via your PC, mobile telephone or other access device for private, non-commercial purposes only and subject to your strict compliance with these Terms. You may copy the Content in an unchanged form for private non-commercial use on your own PC, mobile phone or other access device if and to the extent that such copying is required for the proper use of the Service or the Content and such copying is permitted by the copyright owner and is a fair use.
You shall not be entitled in respect of any Content (wholly or partly):
· to pass it on to third parties or to allow third parties to access it unless and to the extent expressly permitted; or
· to change, edit, modify, reformat, adapt it in any other way or create derivative work
You should notify us immediately if you become aware of any unauthorised use or copying of any Content or any part of the Services or any unauthorised access to or other unauthorised activity in connection with the Services. You hereby grant us a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us by email or otherwise on the Service as we see fit and without notice to you, unless you have indicated otherwise in such communication.
You are responsible for any misuse of the Service or the Content even if it is by another person using your access to the Service.
You, and any persons you allow to use the Service or the Content through your access to the Service, are not allowed to:
· use the Service or the Content in any way that we in our sole and absolute discretion consider objectionable, inappropriate, likely to injure our brand and reputation or otherwise unacceptable;
· use the Service and anything available from the Service for illegal purposes or in breach of any applicable laws, statutes and regulations, codes of practice or applicable customary rules;
· copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer, link to, reverse engineer or decompile (except to the extent expressly permitted by applicable law) or otherwise make available the Content and/or the Service or any part thereof except as set out in these Terms; include or create links (including deep-links) to or from the Content and/or the Service;
· use the Service or the Content for commercial purposes;
· infringe any other person's intellectual property rights, including copyright;
· replicate our portal, jo.zain.com homepage or create a separate border around any part of the Service or Content (also known as "framing");
· use the Service to post, upload or otherwise transmit messages, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, indecent, tasteless, defamatory, in breach of confidence or otherwise unlawful;
· harass, stalk, threaten, impersonate or otherwise violate the rights of others including rights of privacy;
· hack into, make excessive traffic demands, probe or port scan other computers, deliver viruses, mail bombs, chain letters or pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Service or any other website;
· collect and process others' personal data;
· advertise or offer to sell goods or services;
· use the Service to harvest or collect information about users of the Service or to post or otherwise distribute unauthorised or unsolicited advertising, junk or bulk email (also known as "spam");
We reserve the right to remove, edit or refuse to post any material that you or other third parties place or attempt to place on the Service, to block or suspend your access to the Service and to take such other action as we in our sole and absolute discretion consider necessary to prevent or remedy any breach of these Terms. If you wish to notify us of any Content or third party material or activity on the Service that you reasonably believe is in breach of these Terms then you can do so. We are not responsible for any failure to remove, or delay in removing, any Content or third party material from the Service.
Remember that the Internet and other portals are global mediums and are regulated by the laws of many different countries. Material which is illegal in Jordan may be legal in another, and vice versa. You must not, by using this site, possess or transmit illegal material. If you are in any doubt as to the legality of any action on your side, take independent legal advice before proceeding.
Where any of our Services enable you to download Content to a mobile phone, personal computer, personal digital assistant or other access device you must comply with the following conditions.
· You may save such Content on your access device but you shall respect intellectual property rights and you are strictly prohibited from saving such Content elsewhere; editing or modifying the Content; copying, distributing or forwarding the Content to one or more third parties or allowing third parties to access it.
· You should adjust the personal settings on your access device to ensure that you receive the Content that you have selected. By registering for Services you confirm that your access device can support the downloading of the relevant Content. We shall not be held responsible should you attempt to download Content onto an incompatible access device and you will be charged regardless.
· Without limitation, we shall not be liable in any manner whatsoever for failures, defects or delays in the delivery of the Content which are caused by one or more of the following reasons:
your phone is switched off, out of range or for some other reason cannot be reached;
you have provided an incorrect phone number or other incorrect contact information before ordering the Content;
your message mail box is full and cannot receive additional messages;
any other reason outside our reasonable control.
Messages, Content Delivery and Usage
We reserve the right to impose limitations of our choosing on the amount of storage space, temporary or otherwise, that we in our discretion provide you for the storage of messages, pictures, video clips or any other communications, but we have no obligation to store any such materials for you and will not be responsible if stored messages are lost or deleted. We recommend that you duplicate any data that you wish to keep in a secure storage environment.
Whilst we will use our reasonable efforts to ensure that messages, pictures, video clips and other communications are sent correctly to the intended recipients, we are not responsible for the delivery of these messages, pictures, video clips and other communications over third party telecommunications networks and we do not warrant and shall not be liable for any delay or failure to send, receive or process messages, pictures, video clips and other communications or the quality of the materials received. You accept and agree that messages, pictures, video clips and other communications may be manipulated, distorted, adapted, modified, stored or forwarded by others without restriction on Zain network, our web site, WAP site and the Internet and Zain shall not be responsible or liable for such acts
We reserve the right to suspend or terminate any message account that you have registered for or other storage facility for pictures or video clips where you remain inactive for any period of time chosen by us in our reasonable discretion or where we believe, in our sole and absolute discretion, that your message account or storage facility is being used for illegal purposes, to send any "spam " or any other form of unsolicited bulk communications, or messages which are obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property or proprietary rights or otherwise in breach any part of these Terms. If we intend to terminate or suspend your message account or storage facility due to inactivity (or if we decide to change the maximum permitted period of user inactivity) we shall use our reasonable endeavours but are not committed to notify you in advance of taking such action. We recommend that you save copies of all content, emails or other data that you wish to keep on another storage device apart from the Service.
Unwanted messages, pictures, video clips or other communications may be sent to you which may give unauthorised persons access to information stored on your PC or mobile phone or may cause irritation or damage to your PC or mobile device. We accept no liability for any loss or damage resulting from the receipt of any messages, pictures, video clips or other communications from any third parties.
The word or mark "Zain" however represented, all associated logos, symbols, taglines, and combinations of any of the foregoing with another word or mark, are the trademarks of Zain or third parties (the "Trademarks"). You shall only make fair use of the Trademarks and will not use them:
· as or as part of your own trademarks;
· in a manner which is likely to cause confusion as to the source or origin;
· to identify products to which they do not relate;
· to imply endorsement or otherwise of products or services to which they do not relate; or
· in any manner which does or may cause damage to the reputation of any of the above-mentioned companies.
Payment and Charges
Where any of our Services requires payment by you, the following conditions apply:
· Charges will appear on your next monthly mobile bill or shall be deducted from your prepaid credit.
· You must make such payment as and when required by these Terms: if you do not do so, we reserve the right to terminate your access to the Service immediately following any missed, rejected or refused payment.
· If payment is not paid on time, your payment is rejected or refused (including if you do not have sufficient credit in your prepaid account), or you default in payment, the amount owing will be treated as overdue and we will be entitled immediately to cease or suspend the provision of the Services to you until payment is received or until your credit has been topped up.
· All amounts payable by you shall be paid in full in Jordanian Dinar. Revise our tariffs regularly. Taxes and governmental charges apply.
You will need to provide all equipment necessary to access the Service and be liable for payment for the local telephone call charges at the rates published by JTC or any other Internet access charges to which you may be subject.
If you are roaming in Jordan, you should check with your network operator for details.
Suspension and Termination
We may suspend the operation of the Service:
· in order to update or upgrade the contents or functionality of the Service from time to time;
· for repair or maintenance work;
· in the event that we believe that you are or may be in breach of these Terms.
If we suspend your access to the Service to investigate or prevent a potential breach of these Terms, these Terms shall continue to apply during such period of suspension and you shall remain liable for any charges payable by you during such period.
We may terminate your access to and use of all or any part of the Service:
· in the event that we believe that you are or may be in breach of these Terms; or
· in the event that you do anything that we think may damage or affect our commercial interests or business.
If we terminate your access to the Service, we may delete all information, emails and data that you have stored on the Service. Therefore, we recommend that you save copies of all information that you wish to keep on another storage device apart from the Service.
If we terminate your access to the Service for material breach of these Terms (including non-payment of any sums due by you) then you shall remain liable for any such sums and for any other sums which you have contracted to pay prior to such termination, whether or not such charges relate to Services to be provided before or after such termination date and whether or not the charges are owed and/or payable to us or to our providers or collection agents.
Zain may withdraw or change the Services generally, at any time for technical, commercial, public interest or operational reasons. In the event that the Services are being permanently withdrawn by us, this shall be communicated to you prior to the withdrawal of the Services when and as provided by law. Depending on the reason for the suspension, withdrawal or change, it may not always be possible to give advance notice. Termination shall not affect the accrued rights and liabilities of either you or us.
You may end the Service at any time by following the instructions on the website or contacting us. Termination of the Service will not affect your obligation to pay for Services used by you or any third party goods or services previously purchased using the Service.
Disclaimer and Limitations of Liability
The Service is supplied to you on an "as is" and "as available" basis. We make no warranties, express or implied, with respect to the Service and/or the Content whatsoever (including without limitation regarding their quality, merchantability, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from errors) unless specifically set out in these Terms or any other applicable terms.
We use our reasonable endeavours to ensure that the information within the Service is accurate at the time of its inclusion, but your access to the Service and any action you carry out on the basis of data or information you obtain from or via the Service (including any transaction you make with a third party for the supply of goods or services to you) is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result. The inclusion of links on the Service to third party sites not controlled by us does not imply any endorsement by us of such sites. The Service is provided to you through a variety of systems (including telecommunications) and we are unable to guarantee error-free use or transmission of, or access to, any part of the Service.
Accordingly, we shall not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to the foregoing any losses in relation to:
· your use of, reliance upon or inability to use our Service and/or Content;
· the deletion with or without notice or cause of any of your data or information stored on the Service;
· any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of the Service at any time; or
· the removal from the Service of any material sent or posted by you on or via the Service and/or the blocking or suspension of your access to the Service or any part of it in accordance with these Terms.
The Internet and Third Party Website - DISCLAIMER
You acknowledge that we are unable to exercise control over the security or subject matter of third party content transmitted or accessible via the Service and we exclude all liability of any kind for the transmission or reception of illegal or unlawful content. The Services may be used by you to link to other web sites, resources and/or communications networks. We accept no responsibility for their content or services. We endeavour to ensure the security of your communications; however your communications pass over third party networks over which we have no control. There is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to information stored on your PC or mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge. We accept no liability for any loss or damage resulting from your use of the Internet and/or third party web sites or content accessed via the Service.
You irrevocably agree to indemnify us and our Providers, partners, affiliates, employees.... etc. fully and wholly against and to hold us and our Providers harmless on demand from all losses, costs, proceedings, damages, expenses (including reasonable legal costs, expenses and attorney fees) or liabilities howsoever incurred by us or our Providers as a result of any claim by a third party resulting from your use of the Service (or use of the Service by anyone who accesses the Service via your password) in breach or non-observance of these Terms.
We shall notify you of any claim that we or our Providers receive and you hereby provide us and/or our Providers with full authority to defend, compromise or settle such claims and shall provide us and/or our Providers with all reasonable assistance necessary to defend such claims, at your sole expense.
· We may delay enforcing our rights under these Terms without losing them.
· You agree that we may sub-contract the performance of any of our obligations or may assign these Terms or any of our rights or obligations without giving you notice.
· You undertake not to assign, re-sell or in any other way transfer your rights or obligations under these Terms.
· We will not be liable to you for any breach of these Terms, which arises because of any circumstances that we cannot reasonably be expected to control.
· You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or use of this Service.
· If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect and full force.
· These Terms, and, where applicable, the relevant additional terms that you accept as part of the registration process for a Service and the Provider terms and conditions, form the entire understanding between you and us concerning your use of the Service and supersede all previous agreements relating to the Service.
· These rules are based on current "best industry practice" and draw on the collective experience of users and service providers across the Internet community.
· These Terms shall be governed and interpreted in accordance with Jordanian law and you and we both consent to the non-exclusive jurisdiction of the Jordanian courts.