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 the Video Telephony service 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.
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. 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: 184.108.40.206/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 A Customer who chooses a post paid tariff and pays a bill, and subsequently chooses to dispute any amount, item, entry or matter stated therein must give Melita a written notice of such dispute not later than thirty (30) days from the date of such bill, providing all necessary details of and reasons for the dispute and supported by documentary evidence. If the Customer serves any such written notice on Melita within the said timeframe, then Melita will conduct a complete and objective investigation of such disputed amount, item, matter or deduction and will provide a written response to the customer within thirty (30) days of its receipt of such written notice. In case the investigation cannot be completed in thirty (30) days, we will inform you about the reason for the delay and the expected time of completion of the investigation.
4.2 Melita reserves the right to back-bill you for any services provided. You are responsible for paying charges for services, even if the charges were in error omitted from your prior invoices.
4.3 We are entitled to carry out a credit check on you at any time. We will do this by making searches about you at credit reference agencies who will supply us with credit information, as well as information from the Electoral Register, as well as other public information. We may use credit-scoring methods to assess the application and to confirm your identity. We may use the information obtained from credit searches and from other lawful sources to take any credit decision affecting this agreement. If at any time during the term of the agreement you fail to meet our credit conditions we may enforce any credit limits on your account, restrict the level of Services we provide to you, only allow certain methods of payment and/or suspend some or all of the Services at any time when you reach the limits established until we have received the full payment of any charges you owe under this agreement.
5.1 The charges for generating or receiving video calls whilst roaming may vary depending on the subscription (pre-paid or post-paid) and the operator you are roaming with.
5.2 Melita cannot guarantee that video telephony will always be available whilst roaming, due to the fact that you are not only using Melita’s network for video calling and Melita does not have any control on the network you are roaming on.
6. Data Protection
6.1 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).
6.2 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.
6.3 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.
6.4 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.
6.5 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.
6.6 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.
6.7 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.
6.8 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.
6.9 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.
7. Exclusion of Liability
7.1 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.
7.2 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.
7.3 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.
8. Lawful intercept & Data Retention
8.1 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.