The following are the Specific Terms and Conditions (“the Specific Terms”) applicable in respect of a particular Service being provided to you (“the Customer”) by Melita Mobile Ltd (“Melita”). These Specific Terms should be read in conjunction with the General Terms and Conditions and with the Terms and Conditions of the applicable tariff plan or promotion. In case of conflict between these Specific Terms and the General Terms and Conditions, then these will apply.
“Service” means WAP access provided by Melita in conjunction with its mobile telephony service, which Service may be either provided through a post-paid or a pre-paid mobile telephony subscription.
2.2 When outside the coverage area, data usage will be limited to information and applications previously downloaded to/or resident on your device. Actual data download speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.
3. OUR RESPONSIBILITIES, RIGHTS AND REMEDIES
3.1 We shall endeavour to provide an effective and reliable Service. We are however unable to guarantee that our Services will be uninterrupted or fault free.
3.2 We reserve the right to:
(a) suspend the Services without notice, if at any time the network is inoperative or otherwise requires maintenance;
(b) hold you liable for any damages resulting from the violation of any of its policies or breach of this Agreement;
(c) block access to the Services if so required to do by any applicable law or following a lawful order issued by any competent court, tribunal or authority or if you violate this agreement or any of our policies;
(d) make available, on lawful request by the relevant authorities, data which might be used for criminal or other police or governmental investigations;
(e) change the Services or any of their features offered (including their description, terms and conditions). Notification of any such changes will be provided to the Customer at least 30 days prior to the proposed change. You have a right to terminate the agreement during the said notice period without penalty. Such notification shall be posted on our website: 220.127.116.11/melita.com/. In case of no response, your continued usage of our Services will be deemed acceptance of the changes to the Service;
(f) take any other action granted by law to safeguard its statutory rights arising out of this Agreement.
4.1 You are responsible for all charges for Services made from your SIM. Charges for Services shall be at the rates established by Melita, subject to lawful change at the discretion of Melita in accordance to the tariff plan as published from time to time by Melita on its website 18.104.22.168/melita.com/. Melita will give the Customer adequate prior notice of such changes in rates. Such new charges shall be considered to form part of this agreement and shall apply on the expiry of the said notice period.
5.1 WAP browsing can also be accessible whilst roaming. Roaming charges shall apply in such situations and may vary depending on the subscription (pre-paid or post-paid) and the operator you are roaming with.
5.2 Melita cannot guarantee that WAP access will always be available whilst roaming, due to the fact that you are not only using Melita’s network and Melita does not have any control on the network you are roaming on.
We do not guarantee security. If you use your device to access company email or information, it is your responsibility to ensure your use complies with your company’s internal IT and security procedures. We are not responsible for loss or disclosure of any sensitive information you transmit. We are not responsible for nonproprietary services or their effects on devices. We reserve the right to terminate your Service with or without cause, including without limitation, upon expiration or termination of your mobile service agreement. Your wireless number may be transmitted to Internet sites you visit. You may receive unsolicited messages from third parties as a result of visiting Internet sites.
7. Data Protection
7.1 Your personal details shall be processed by Melita, any of its parent or subsidiary companies, any related company, by their staff and employees according to the Data Protection Act 2001 (Chapter 440 of the Laws of Malta).
7.2 You acknowledge and agree that any information kept by us in relation to this agreement, including the nature of your transactions, may be disclosed to Banks, Financial Institutions, the Malta Communications Authority, Police and/or the Security Service and other regulatory bodies as may be required by law.
7.3 You acknowledge and agree that we may contact you by mail, telephone, email, electronic messaging including text messaging or fax for the purpose of providing service and billing information and updates, for credit scoring purposes and other customer services.
7.4 You acknowledge and agree that, for training purposes and to improve the quality of its customer services including complaint handling, we may occasionally monitor and record calls and mobile usage made to or by it relating to customer services and telemarketing.
7.5 You acknowledge and agree that your personal data shall be used and processed for the purpose of direct marketing and promotion, and that we may send you information about other products and services supplied by us or any of our subsidiary companies, by mail, mobile, telephone, email, electronic messaging including text messaging or fax. You may, by written notice to us, oppose the processing of your personal data for direct marketing purposes.
7.6 You acknowledge and agree that upon disconnection, your personal data shall be retained and processed by us, our subsidiaries or any authorised third party, for a period of 6 (six) months, in order to carry out studies and/or surveys on the service provided.
7.7 In case of any default by you in the fulfilment of any terms of this agreement, we reserve the right to pass on any information or references contained herein to credit reference agency as well as to any third party legally entitled to receive such information.
7.8 Under the Data Protection Act 2001 (Chapter 440 of the Laws of Malta) you can exercise your right to access and see the personal records held about you. You can ask for corrections, amendments and, where applicable the erasing of such personal data that has not been processed in accordance with the Act. You acknowledge that it is in your interest to advise us of any changes in your status so that our records are kept up to date.
7.9 We may decide to introduce a directory and/or enquiry service. We can put your name, address and telephone number for the Service in all versions of our directory and/or enquiry information service. However, we will not do so if you ask us not to (i.e. you request to be ex-directory). If you exercise this option your details will not appear in any version of our directory and/or enquiry services, and your number will not appear on any calling line display screen that any third party whom you call may have.
8. Exclusion of Liability
8.1 We will not be liable to the customer if unable to provide the Service because of something beyond our control including, but not limited to the following: (1) acts of God, (2) war, (3) hostilities, (4) civil disobedience, (5) acts of terrorism, (6) weather, (7) fire, (8) power failure, (9) failure of interconnected networks, (10) failure of machinery, equipment, (11) malicious acts of vandalism, or (12) strikes or industrial unrest.
8.2 You acknowledge that the service is not fault free and that the voice quality could be variable and affected by network delays, congestion and availability. We specifically exclude any liability arising from (a) access delays or interruptions; (b) loss of data or liability resulting from any errors, omissions, or mis-statements in any and all information, goods, or services obtained on or through the Service; (c) loss resulting from wrongful delivery or non-delivery of data (d) loss or liability resulting from the acts and/or omissions of Melita unless this is attributable to fraud or gross negligence of Melita or of its employees or other Melita Mobile users and (d) any error, omission or incorrect use of the Service by the Customer.
8.3 You also agree to hold us harmless from and indemnify us, our dealers, staff, and directors for and against liabilities, damages, loss, loss of profits, business or revenue suits and any expenses as a result of loss of service, or the enforcement of these Terms. This Exclusion of Liability will continue to apply beyond the contract period.
9. Lawful intercept & Data Retention
9.1 You acknowledge that we are obliged to provide the Services in conformity with Maltese Law including laws dealing with Data Retention and Lawful Intercept. Accordingly we reserve the right to store and forward any records, data and recordings to the relevant authorities when requested to do so by a lawful order of the Police, Court, Tribunal or Regulatory.