Vodafone Call+ & Message+ Terms of Service
Call + and Message+ (the “Apps”)
Terms of Service
Date: April 2016
1. Your acceptance to use the Apps
The Apps are provided to you by Vodafone Sales and Services Ltd (“VSSL” or “we” or “us”), 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 APPS YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE. If you choose not to agree with any of these terms, you may not use the Apps.
PLEASE NOTE THAT FOR ANDROID PHONES ONLY A TWO STEP PROCESS MIGHT BE NEEDED TO ACCESS TO EMERGENCY SERVICES: (1) you dial the emergency services number and press the call button which will then direct you to your native keypad where (2) you must press the call button again. There is also an option to press “Emergency Call” in the Call+ dialler which will take you directly into your native keypad where you will then need to dial the emergency services number as usual.
You may use third party applications within the Apps (“Third Party App”) which will allow you to further enrich the features of the Apps. Because any Third Party App is developed by a party other than VSSL please read their terms and conditions to ensure you are familiar with how any Third Party App works and how your data may be used. You understand and agree that VSSL is not responsible or liable for the behaviour, features or content of any Third Party App.
2. Using the Apps
The Apps are an enriched calling and integrated messaging service which will allow you to:
a) add rich features to your calling experience provided by your local Vodafone provider , such as to send and receive files (for example, pictures, video, audio, vCards and your location data (the “Content”)) during a call, or share certain Content such as location before or after the call; and
b) send and receive messages with your Content (“Instant Messaging”),
To be able to use the enriched features of the Apps, you and your contacts need to have a Rich Communication Services (“RCS”) compatible client supporting enriched calling features, 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 Content cannot be delivered over the internet, your messages and Content will be sent via normal SMS (or MMS if you select this option) in accordance with your price plan.
The Apps show your current status to other users on the messaging service: you will appear ‘online’ or, depending on the device, the date and time of your last access to Message+ will be displayed. You can disable the last active functionality at all times by going to ‘settings’ and unchecking “last active” option.
You are responsible for your messages and any Content that you share, so make sure that they comply with all laws which may apply. In particular, you must make sure your messages and Content are not harmful or offensive and that you own all rights to the Content you send to your contacts. You should not share music or video files unless you own all rights to them. Sharing music or video without the permission of the copyright owner is unlawful.
To use the Apps, you must be 16 years old or more, or have permission from your parent or guardian.
VSSL grants you a non-exclusive right to use the Apps on your mobile device for your own personal non-commercial use.
We and our licensors own all proprietary rights in the Apps. You will not have any right to the Apps apart from the right to use the Apps in line with these terms. In particular you understand and agree that: i) You are not permitted to resell copy, or distribute the Apps for any commercial purposes or use the Apps in any other manner inconsistent with these Terms of Service; ii) you are not permitted to duplicate, transfer, copy or distribute any part of the Apps in any medium without our prior written authorisation; (iii) you are not permitted to reverse engineer, alter or modify any part of the Apps; and (iv) you will comply with these terms and conditions.
Nothing in these terms affects any legal rights you have as a consumer.
4. Your information
The Apps are provided to you free of charge. Unless you are using a Wifi connection, you will be charged according to your price plan for the use of data to send and receive messages and Content over the internet. Where an internet connection is not available your messages and Content will be sent and charged as SMS (or MMS if you select this option) in accordance with your price plan. . Where an mobile internet connection is not available your content (pictures, videos etc) will be sent and charged as an MMS. The voice calls made through Call+ will be charged per minute according to your price plan.
6. Ending or changing the Apps
You may disable the Service at any time by disabling the “Chat Service”, “Rich Communications” or “RCS” in your messaging app settings, or disabling the “Rich Communications” from your network settings. If you disable RSC, the App icons will appear as normal, however, all messages and Content will be sent via SMS and MMS functionality.
We may suspend or change the Apps 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 the Apps. We can withdraw the Apps, but will provide at least 30 days’ notice if we do so.
7. What we are not responsible for
We provide the Apps on an 'as is' basis for your personal use onlyWe 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 the Apps 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.
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.
8. General terms
We may allow another person or company to perform any of our obligations under these terms on our behalf. You agree that we may transfer our rights and obligations under these terms to another Vodafone group company. If we transfer our rights and obligations to any other third party, we will let you know. If any of these terms cannot be enforced by any court or other authority we will delete it from these terms and it will not affect the rest of the terms. We may send you notices by email, text, post or on our website. We can change these terms at any time by posting the amended terms on Vodafone.com.
These terms and the provision of the Apps will be governed by the laws of England and Wales. Any disputes will be dealt with by the courts of England and Wales subject to any applicable law which provides a different jurisdiction for you as a consumer.
We hope you enjoy using the Apps.
If you have any problem you can contact us directly through the Apps by clicking on the button ‘send a feedback’ and then ‘Report an issue.’ Alternatively, if you cannot access the Apps, you can contact us through the website www.vodafone.com/messageplus or www.vodafone.com/callplus in the ‘Feedback’ section.