READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD NOT PROCEED ANY FURTHER WITH THIS SERVICE. BY CONTINUNG TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

1. Definitions of terms

2. Parties

2.1. These Terms and Conditions apply between Vodafone and you and shall commence on the date that you first start using the Services.

2.2. The Services are only available to people who have a contract for a Vodafone digital phone or Pay As You Go customers connected to the Vodafone Network in the United Kingdom.

3. Services

3.1. If you accept these Terms and Conditions, you may, subject to the necessary connection and compliance with the contract for a Vodafone digital phone (and if you are a Pay as You Go customer the presence on your account of sufficient service and calling credit) set up the Service.

3.2. You will automatically be registered for the M Pay Bill Service, the terms and conditions of which apply upon first use of the Service and via which you will be charged for the Service.

3.3. In order for you to create and send a Postcard you will be asked to send an MMS image to Vodafone short code “3344” and Vodafone will return a processing message requesting you to fill in picture caption, message text and recipient address. Once Vodafone has received your reply, you will receive a confirmation SMS if the postcard has been accepted and will be dispatched to the recipient’s address by 1st class mail. In the event that the Content has to be modified by Vodafone in accordance with Clause 6.1 below you will receive a messages accordingly.

3.4. You will also be able to use the Service via the handset stored Service application by sending an MMS picture message, the text and the address of the recipient to Vodafone and once the postcard has been handed over to the Royal Mail Vodafone will confirm by SMS that the Service has been delivered.

3.5. Vodafone aims to provide you with the Services at all times, but owing to the nature of mobile telecommunications, it is impossible to provide a fault free service and the quality and coverage of the Services depends partly on your mobile phone, partly on the Vodafone Network and partly on other communications networks to which the Vodafone Network is connected. The Services might be adversely affected by too many people trying to use the network at the same time, physical features such as buildings and underpasses and by atmospheric conditions or other causes of interference and may fail or require maintenance without notice.

3.6. The Services may be used by you to link into other web sites, resources and/or networks worldwide. Vodafone accepts no responsibility for the content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such web sites, resources and/or networks.

3.7. Vodafone may from time to time offer new Services and/or change or remove existing Services at its sole discretion.

4. Prices

4.1. Once the Content you submitted was accepted and processed by the Service, you will be charged for the Services at the rates via the M Pay Bill Service for charges as set out in the Website. Vodafone reserves the right to vary these charges from time to time and such variations will be notified and take effect in accordance with Clause 12.4.

4.2. Charges made by Vodafone shall:

4.2.1. be charged on your next appropriate monthly invoice if you have a phone tariff agreement or shall be invoiced separately if you are disconnected from the Vodafone network; or

4.2.2. shall be deducted from your Calling Credit if you have a Pay as You Go phone.

4.3. If the phone is located outside the UK at the time of transmission of an MMS or SMS message then the appropriate roaming charge as specified on the Vodafone web site Website will be incurred.

4.4. All charges are exclusive of Value Added Tax, which shall be payable by you in addition to the charges.

4.5. The Services should only be used with the agreement of the person responsible for paying the telephone bill.

5. Equipment

5.1. To be able to use he Service, you will need mobile phone equipment required capable of sending MMS and you will have to provide that equipment. You will be liable to pay your mobile phone network service provider for all costs incurred using the Services.

5.2. You will need to provide all equipment necessary to access the Vodafone Live! service and be liable for payment for the local telephone call charges at the rates published by the telephone operator with whom you make your local calls or any other internet access charges to which you may be subject.

5.3. By ordering the Services you confirm that you understand that your mobile phone must support the MMS capability for the Service to operate. If you are unsure whether your mobile phone supports MMS capability then you should consult your mobile phone handbook or check the information on the Vodafone web site on Website. We cannot be held responsible should you attempt to use the Service via an incompatible phone and you will be charged regardless.

6. Monitoring of Service/Barring from Service

6.1. Vodafone reserves the right and you herewith grant Vodafone the right to monitor and moderate your Content, at its sole discretion to bar despatch or modify, edit, restrict or replace or render unidentifiable Content or parts thereof and provide you with warnings should you be in breach of your obligations as specified in Clause 7 below. Vodafone excludes any liability for any failure to monitor the Service and for any failure to bar you from the Service.

6.2. In the event that you send Postcards with Content which has been barred or which had to be edited by Vodafone for more than three times in e three months’ period, such period starting on the date the first postcard was barred by Vodafone, Vodafone shall have the right to immediately prevent you from continuing to use the Service. This means that you will not be able to send any further postcards from your device. You will not be refunded any charges for any further attempt to use the Services.

6.3. Monitoring or recording of your calls, MMS or text messages may take place in accordance with the Regulation of Investigatory Powers Act 2000, and in particular for business purposes to the extent permitted by law, such as for quality control and training, to prevent unauthorised use of Vodafone's telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.

7. Your Obligations

7.1. You acknowledge that you may only use the Services for lawful purposes. You warrant that you are solely responsible for the Content and that you shall not (and shall not authorise or permit any other party to):

7.1.1. use the Services or the Vodafone Network to receive or transmit Content which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, libellous, deceptive, privacy invasive, violent, displaying sexual acts, in breach of confidence, in breach of any intellectual property right (including copyright), causing anxiety or be otherwise objectionable or;

7.1.2. use the Services for the transmission of ”junk mail”, ”spam”, ”chain letters”, or unsolicited mass distribution of mobile phone message mail;

7.1.3. circumvent user authentication or security of any host, network or account (referred to as 'cracking' or 'hacking') nor interfere with service to any user, host or network (referred to as 'denial of service attacks'). Users who violate systems or network security may incur criminal or civil liability and Vodafone will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;

7.1.4. knowingly or recklessly transmit any electronic material (including viruses) through the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by Vodafone or other Internet users;

7.1.5. use the Services for any other criminal or illegal purposes and you agree to abide by all applicable laws and regulations when using the Services.

7.2. You shall only make fair use of the Trade Marks and will not use the Trade Marks, whether design or word marks, as or as part of your own trade marks in a manner which is likely to cause confusion 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 Vodafone or the Trade Marks.

7.3. If any information provided by you is untrue, inaccurate, not current or incomplete, Vodafone has the right to terminate your account and refuse any and all current or future use of the Services.

7.4. You acknowledge that the Services can be accessed in jurisdictions other than the United Kingdom and that the Content may be subject to such foreign laws and regulations and that you are solely responsible for using the Services in such jurisdictions. Vodafone excludes any liability, which you may incur following use of the Services under this Clause.

7.5. You hereby agree to fully indemnify and to hold Vodafone and any Vodafone Group company, any Vodafone contractor, any authorised agent, the Royal Mail, harmless from and against any claim brought by a third party resulting from the use of the Services or the Vodafone network by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred in consequence of your breach or non-observance of these terms and conditions.

7.6. Vodafone may preserve Content and may also disclose Content: (a) to its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner, (b) for the purpose of properly administering your account in accordance with the standard operating procedures of Vodafone or its affiliated companies, and/or (c) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to: (d) comply with legal process; (e) respond to claims that any Content violates the rights of third-parties; or (f) protect the rights, property, or personal safety of Vodafone its users and the public.

7.7. You agree that Vodafone does examine or edit the use to which you or others put the Services or the nature of the Content or information being accessed, but that Vodafone is excluded from all liability of any kind arising from any Content or information.

7.8. Without prejudice to any other rights or remedies Vodafone may have, you agree that Vodafone may at its sole discretion immediately terminate the Services to you without notice if Vodafone believes that you have in any way violated any of the terms of this Clause 7.

8. Our Service Obligation

8.1. Although every effort has been made to provide accurate information on the Services, Vodafone and its suppliers will not be liable for any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions.

8.2. The quality of any images sent through the Services depends on factors over which Vodafone has no control and Vodafone shall not be liable for the quality of the images printed and dispatched via the Service.

8.3. All Postcards will be delivered via the Royal Mail and Vodafone excludes any liability for failures or delay of delivery to an intended recipient, once Vodafone has handed over the relevant Postcard to the Royal Mail. In the event that you have used the Service but the recipient has not received a Postcard you should contact Vodafone customer services and Vodafone will aim to establish the reason.

8.4. Save as expressly set out herein, all conditions or warranties, which may be implied or incorporated into this contract by law or otherwise, are hereby expressly excluded to the extent permitted by law. In no circumstances whatsoever will Vodafone be liable for economic, indirect or consequential loss or loss of profits.

8.5. Nothing in these Terms and Conditions excludes or limits Vodafone’s liability for death or personal injury caused by the negligence of Vodafone.

8.6. Other than in respect of Clause 8.3, the liability of Vodafone (if any) in contract, tort, negligence or otherwise arising out of or in connection with supply of the Services hereunder shall be limited in respect of any one event or a series of two or more connected events to the amounts paid by you for the Services in the year in which such event occurs.

8.7. Vodafone shall not be liable in any way for failures, defects or delays in the delivery of the Services, which are caused by one or more of the following reasons:

8.7.1. you have provided an incorrect phone number or other incorrect information before ordering a Service;

8.7.2. you have provided an incorrect recipient address;

8.7.3. you are a Pay As You Go customer and you do not have sufficient calling credit on your mobile phone;

8.7.4. your phone does not support the MMS System;

8.7.5. your message mail box is full and has no additional memory to receive additional messages;

8.7.6. your phone is out of range or for some other reason cannot be reached;

8.7.7. you accidentally erase a message sent to you or a Service provided to you by receiving another Service or message or otherwise;

8.7.8. in the event that Vodafone accidentally misreads a message or include an incorrect image;

8.7.9. some other failure which is not due to Vodafone occurs in communication or otherwise.

8.8. Vodafone shall not be responsible for damages caused to a person or mobile phone which has received a Service in error.

9. Privacy and Data Protection

9.1. Your information and the Content you provide via the Service will be held by Vodafone Limited in accordance with the Vodafone privacy policy which can be found at www.vodafone.co.uk/privacypolicy (“Your Information”).

9.2. Your Information and Content you provide may be held and used by us for any of the following purposes: Service processing, administration of customers’ orders and/or accounts, dealing with enquiries or complaints, crime and fraud prevention, marketing our products and services generally or (subject to any objection or preference you may indicate to us) for sending information to you about our selected products and services from time to time. In addition, we may use Your Information provided by credit reference agencies to help us make credit decisions and to prevent fraud.

9.3. Vodafone will print a randomly created unique identifier on each Postcard, which ill be stored against Your Information and the Content on our system and which will not be meaningful to the recipient, for Vodafone to be able to establish the origin of any Postcard sent through the Service. Vodafone may also use this information to analyse your use of the Service and may use the result for the purposes as described in Clause 9.2.

9.4. We may disclose Your Information to the Royal Mail, to other companies in the Vodafone Group, including their respective partners, agents and sub-contractors, for any of the above purposes. In addition we may disclose Your Information to credit agencies and to other people in relation to enquiries concerning the prevention and detection of fraud or crime or the apprehension or prosecution of offenders or as may be required by law or legal proceedings or any regulatory authority.

10. Proprietary Rights

You acknowledge and agree that content, including but not limited to text, software, music, sound, graphics etc. presented to you through the Services, the Website or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are only permitted to use this material and information as expressly authorised by Vodafone or advertisers.

11. Limitation of Liability

11.1. Vodafone makes no warranties, express or implied, with respect to the Services, their merchantability or their fitness for a particular purpose. In particular, Vodafone makes no warranty that the Services will meet your requirements, be uninterrupted, timely, secure or error free.

11.2. You understand and agree that any material and/or data downloaded or otherwise obtained from the Services is done at your own discretion and risk.

11.4. Vodafone reserves the right to update or modify these terms and conditions from time to time. Such changes shall be notified to you by posting on the Website. Changes in this manner shall be deemed to have been accepted if you continue to use the Services after a period of two weeks from the date of posting on the Website. Please ensure that you review these terms and conditions at regular intervals.

11.5. Vodafone shall not be liable in respect of any breach of these Terms and Conditions due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom Vodafone is not responsible.

11.6. If you are a consumer, these Terms and Conditions will not affect any rights which you may have under any Act of Parliament and which cannot be excluded by agreement.

12. Use by Others

You acknowledge that Vodafone is unable to exercise control over the security or content of information passing over the Vodafone Network or via the Services, and Vodafone hereby excludes all liability of any kind for the transmission or reception of infringing, unlawful or illegal information of whatever nature.

13. Termination

13.1. These Terms and Conditions shall continue until terminated in accordance with the terms hereof.

13.2. Either Party has the right to terminate these Terms and Conditions by notice in writing at any time. You may notify us at any time in accordance with the notice provisions set out in Clause 14.8 and such notice shall take effect from the date that Vodafone receives the notice. Any notice from Vodafone to you shall be made via either by SMS or any other form of writing whether or not in electronic form and shall take effect from the date that it is sent or posted or otherwise made available to you.

13.3. Vodafone may elect to modify or discontinue, temporarily or permanently, all or part of the Services without prior notice at any time. You agree that Vodafone shall not be liable to you or any third party for any modification or discontinuance of the Services.

13.4. Where Vodafone identifies any content on its Services which it believes at its sole discretion may be unlawful, illegal, infringe the rights of any third party or compromise the reputation of Vodafone, it may remove or disable the content or a link to the content without incurring liability for breach of contract or otherwise.

13.5. Vodafone may terminate these Terms and Conditions, or restrict your access to the Services, and remove and discard any content without prejudice to any other accrued rights, without prior notice to you for any reason including without limitation where:

13.5.1. Vodafone considers in its sole discretion that you are abusing the Services or are otherwise acting in breach of these Terms and Conditions including, without limitation, as a result of late or non-payment of sums due;

13.5.2. you have failed to use the Services for a reasonable period of time. This period of time will be determined by Vodafone from time to time but shall not be less than one month;

13.5.3. you have become insolvent and unable to pay your debts, bankrupt or placed in the hands of a receiver or administrator or wound up (other than for a solvent reconstruction);

13.5.4. Vodafone ceases to offer the Services to its customers for any reason whatsoever;

13.5.5. there is a regulatory or statutory change limiting Vodafone's ability to provide the Services; or

13.5.6. any event beyond our reasonable control prevents us from continuing the Services (for example, and without limitation, technical difficulties, capacity problems and communications failures).

13.6. Termination of these Terms and Conditions howsoever occasioned or any part thereof shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuation in force of any provision of these Terms and Conditions which expressly or by implication is intended to come into or continue in force on or after such termination.

13.7. Subject to Clause 13.6, in the event that either you or Vodafone terminates these Terms and Conditions, you will:

13.7.1. remain liable to pay Vodafone all sums accrued due on or prior to the date of termination; and

13.7.2. continue to respect and uphold all copyright notices.

14. General

14.1. Governing Law and Jurisdiction – These terms and conditions are governed by and construed in accordance with the laws of England and Wales and you hereby submit to the non-exclusive jurisdiction of the English courts.

14.2. Severability - These Terms and Conditions is severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.

14.3. Waiver - Vodafone's failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Vodafone in writing.

14.4. Entire Agreement: These Terms and Conditions constitute the entire agreement and understanding between us in relation to the Services and you acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms and Conditions or not) other than as expressly set out in these Terms and Conditions as a warranty. The only remedy available to you for breach of a warranty shall be for breach of contract under the terms of these Terms and Conditions. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.

14.5. Assignment - These Terms and Conditions is personal to you and you shall not assign, novate, sub-contract or otherwise dispose of or deal with these Terms and Conditions or any part of it without the previous consent in writing of Vodafone which may be withheld at Vodafone’s sole discretion. Vodafone may assign these Terms and Conditions in whole or in part to any third party at its discretion.

14.6. Rights of Third Parties - Except in the case of any permitted assignment pursuant to these Terms and Conditions, these Terms and Conditions is made solely and specifically between and for the benefit of the parties and is not intended to be for the benefit of and shall not be enforceable by any person who is not named at the date of these Terms and Conditions as a party to it under the Contract (Rights of Third Parties) Act 1999 or otherwise and neither party may declare itself a trustee of the rights under it for the benefit of any third party.

14.7. Variation - These Terms and Conditions shall be capable of being varied only in writing signed by each of the parties.

Notice - If you need to send a notice to us or contact us, please notify us in writing by post to “FAO: The MMS Postcards Services Manager, Vodafone Limited, Vodafone House, The Connection, Newbury RG14 2FN”. All notices will be deemed to arrive 48 hours after sending or posting.