1. Message+ and your acceptance to use Message+:
Message+ is provided to you by Vodafone Sales and Services Ltd, registered in England and Wales at Vodafone House, The Connection, Newbury, Berkshire RG14 2FN, under registered number 06844137 and registered VAT number GB 569 95 32 77.
BY USING THE SERVICE YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE. If you choose not to agree with any of these terms, you may not use Message+.
2. Using Message+
Message+ is an integrated messaging service that will allow you to send and receive text messages and share your files (such as pictures, video, audio, vCards) and your location over the internet (Instant Messaging), provided you and your contacts have a Rich Communication Services (RCS) compatible client and both have data enabled. If you and/or your recipient don’t have a RCS compatible client and/or data enabled, or for any other reason the message cannot be delivered over the internet, your messages and files will be sent via normal SMS and MMS in accordance with your carrier’s plan ( save for iOS where the message will not be delivered unless both you and your recipient have RCS and are are on line).Depending on your device, Message+ could:
a)show when you and your contacts are active or when they have been last active,
b)show who is currently typing and when a message has been sent, delivered and read.
c) enable you to share your location with your recipients by selecting the ‘share location’ feature.
Group chat only works with RCS enabled contacts who are currently active.
You are responsible for your messages and for the files you send, so make sure that they comply with all laws which may apply. In particular, you must make sure that your messages are not harmful or offensive and that you own all rights in the files you send to your contacts. You should not share music or video files unless you own all rights in these. Sharing music or video without the permission of the copyright owner is unlawful.
To use Message+, you must be 16 years old or more, or an emancipated minor, or possess legal parental or guardian consent, and be able to enter into these terms. You may not be located in a country that is subject to any EU, UK and/or U.S. Government embargo, or that has been designated by the EU, UK and/or U.S. Government as a” terrorist-supporting” country, and that you are not listed on any EU, UK and/or U.S. Government list of prohibited or restricted parties.
Vodafone grants you a non-exclusive right to download, install and use Message+ in your territory on your mobile device for your own personal non-commercial use only.
We and our licensors own all proprietary rights in Message+. You will not have any right to Message+ apart from the right to use Message+ in line with these terms. In particular you understand and agree that: i) You are not permitted to resell copy, or distribute Message+ for any commercial purposes or use Message+ or in any other manner inconsistent with these Terms of Service ii) you are not permitted to duplicate, transfer, to, copy or distribute any part of Message+ in any medium without our prior written authorisation (iii) you are not permitted to reverse engineer, alter or modify any part of Message+; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
Nothing in these terms affects any legal rights you have as a consumer. For more information about your legal rights contact your local consumer advisory body.
4. Your information
So that we can operate Message+, troubleshoot it if you have a problem, and optimise and improve its performance, we use your information in the following ways:
· We collect your mobile phone number and, we periodically access the contact list or address book on your phone. We do not collect names, addresses or email addresses from your contact list or address book, but we do need access to the mobile phone numbers there so that we can connect you to the recipients of your messages through Message+.
· We collect some information about your phone and your use of Message+ (for example, language, device and usage statistics).
· We will share some information with your Vodafone carrier and get some information back from them: your mobile number and other information about your tariff and the services available to you.
· Message+ shows you and other users when you are using Message+ as you will appear ‘online’ or, depending on the device, when you have last used Message+ as the date and time of your last access will be displayed. You can disable the last active functionality at all times going to ‘ Settings’ and unchecking “Last active” option.
You must notify us immediately of any breach of security or unauthorized use of your mobile phone. We will not be liable for your losses caused by any unauthorized use of your account and you may be liable for the losses caused to us or others due to such unauthorized use.
Message+ is provided to you free of charge. You will not be charged for installing Message+. You may be charged for the use of data to download it, the use of Message+ once downloaded, and for the messages that are sent and received over the internet (Instant Messaging). You may also be charged the cost of the SMS or the MMS, in accordance to your carrier plan, if the message cannot be delivered over the internet (Instant Messaging). We would recommend that you purchase an integrated price plan.
6. Ending or changing Message+
You can stop using Message+ at any time. Depending on the device type, you might also be able to uninstall or deactivate Message+ from your device.
We may suspend, end or change Message+ immediately for any reason, including where repair or maintenance work is needed. We may add new features from time to time and have no obligation to offer any particular features via Message+. We can withdraw Message+, but will provide at least 30 days’ notice if we do so.
7. What we are not responsible for
We provide Message+ on an 'as is' basis for your personal use only. Not all Message+ services will work with all mobile equipment – you will need to check that your mobile equipment is compatible with the Message+ before you register. We will not be responsible for any loss or damage that we or you could not reasonably expect at the time you first began to use Message+ or which is out of our control. We will also not be responsible for:
a) any loss or damage arising as a result of any content which you upload, store or share;
b) any content or services provided by another person or organisation;
c) any loss or damage that you could have avoided or reduced by being careful or taking reasonable steps; or
d) any loss of, or corruption to your content or other data if that loss or corruption is not caused by us or is out of our reasonable control.