Terms and conditions for use of Entertainment Packs

If you have any special needs we can provide you with terms and conditions geared towards such special needs (e.g. information in Braille, audio or large print).

1. This Agreement

The following terms and conditions shall apply to your use of the Entertainment Packs (the “Service”):

• these terms for use of the Entertainment Packs (“Terms and Conditions”);
• the terms for each content pack within the Entertainment Packs (“Pack Terms”);
• your Price Plan terms and conditions (“Price Plan Terms”); and
• any terms and conditions of our licensors which we bring to your attention (“Licensor Terms”);

(together the “Agreement”).

If there is any difference between what is said in the terms of this Agreement, then the terms shall apply in the following order:

• the Licensor Terms;
• your Pack Terms;
• these Terms and Conditions; and
• your Price Plan Terms.

2. What is the Service?

The Service allows you choose 1, 2 or 3 Entertainment Packs relating to music, satellite navigation, gaming and other content we may make available from time to time. The Service which you have chosen will be detailed in your Price Plan and cannot be changed during the Minimum Period set out in your Price Plan.

The Service is subject to availability, network coverage and handset capability and is for your personal, non commercial use only. The Service is only available to those who take an unlimited data bundle as part of their Price Plan.

Fair usage: The Service is subject to a fair use policy. If, in Vodafone’s reasonable opinion your use is excessive, we may ask you to moderate your usage. If after we have informed you to moderate your usage, you fail to do so, we may charge you for the excessive element of your usage at your price plan's standard rate or we may suspend or terminate your access to the Service.

3. What is the Cost of the Service?

The price of the Service will be the price advertised to you at the time of purchase and detailed in your Price Plan. The Service is for use in the UK only. There are no data charges for browsing or downloading the Service while you are in the UK although the data consumption will form part of your data bundle. If you access the Service outside the UK then you may incur browsing, downloading and other data charges at the standard data rates for roaming.

4. Changing this Agreement or the Service

We can make changes to or withdraw the Service at any time and we can make changes to and/or introduce new terms to this Agreement at any time. We will give you at least 30 days notice of these changes if we do and you may have a right to end this Agreement as described below.

5. Term of Agreement

Unless this Agreement is ended in accordance with clause 6, we will continue to supply you with, and charge you for, the Services.

You must pay all charges for the Service until this Agreement is ended in accordance with clause 6. If you end this Agreement before the end of the Minimum Period (as defined in your Price Plan) (other than in accordance with clause 6 (a) to (c) inclusive, below), you must still pay all the charges for the Service until the end of the Minimum Period.

6. Ending the Agreement

Either of us may end this Agreement by giving the other 30 days prior notice in writing. Your notice must include your mobile number and the signature of the account holder. You must pay the charges for the Service during the notice period.

How you can end this Agreement

You may end this Agreement by writing to us if:

(a) we don’t do something fundamental that we should have done under this Agreement within 7 days of you asking us in writing;

(b) we increase your charges for the Service in the UK which have the effect of increasing the total charges by more than 10% and you write to us before the increase takes effect; or

(c) we change this Agreement to your significant disadvantage including the material change or withdrawal of the Service (we will tell you if this is the case) and you write to us within one month of us telling you about the change.

How we can end this Agreement

We may end this Agreement at any time by writing to you if:

(a) within 7 days of us asking you in writing you do not do something fundamental that you have to do under this Agreement (e.g. pay the charges for the Service when they are due); or

(b) we are permanently unable to provide the Services to you.

What happens with this Agreement Ends?

When this Agreement comes to an end the Service will no longer be enabled on your device and you will be unable to play any of the games, music or other content that you have downloaded as part of the Service.

7. Exclusions and Liability

We will be liable to you if our negligence causes death or personal injury. We will not be liable to you for loss of income, loss of use of the Services, lost business or missed opportunities, or for any loss or damage that is not directly caused by us and/or was not reasonably foreseeable at the time this Agreement was entered into. We will not be liable to you if we are unable to provide the Services because of something outside of our reasonable control.

Except for fraud or where our negligence causes death or personal injury, our liability to you will not exceed £1,000 or 150% of the Charges in the previous 12 months, whichever is the higher, per claim or a series of related claims. Except as otherwise expressly stated in this Agreement or as permitted by law, your sole remedy for any faults with the Service is a pro-rata refund of the charges paid under your Price Plan for the Services.

The terms of this Agreement will not affect any rights which you may have under any law and which cannot be excluded by agreement.

8. What else you should know?

If you change your mobile device then you can continue to use the Service on your new mobile device as long as it is also compatible with the Service. You will be required to download the Service applications again on your new mobile device.

In using the Service, you must comply with all applicable laws. Any redistribution, transmission, sale, broadcast, public performance, rental or lending, adaptation, sub-licence or other use of the Entertainment Packs provided through the Service is expressly prohibited without the prior written consent of the copyright owner. Vodafone may change or remove individual content within the Entertainment Packs at any time and may limit access the Service from time to time for maintenance purposes.

Vodafone or its licensors grant you a non-exclusive licence to download the Entertainment Packs and use the Service on your mobile device only. All rights including intellectual property rights in the Service and the content of the Entertainment Packs remain the property of Vodafone and its licensors. You may not copy, distribute, unzip, reverse engineer, decompile or otherwise disassemble the Entertainment Packs or use any of its constituent elements in any way.

9. General

We may transfer this Agreement to another provider at any time. You may not transfer this Agreement to anyone unless we have agreed in writing beforehand. We shall not unreasonably refuse this request. No other person may benefit from this Agreement.

Failure by either of us to enforce our rights under this Agreement shall not prevent you or us (as the case may be) from doing so later.

In the event that a court or government agency finds that any part of this Agreement is unenforceable, then that part of this Agreement will be struck out and the remaining terms of the Agreement will continue unaffected.

We will send you notice by post, voicemail, text or other form of electronic message. Such notices will be deemed to be with you 48 hours after being sent. All notices served by post will be sent to the address given by you. You must tell us of any changes to your address. You must send us notices by post or email to our address on the bill. Such notices will be deemed to be with us 48 hours after being sent.

A person who is not a party to this Agreement has no right to benefit under or to enforce any terms of this Agreement.

This Agreement is under English law, unless (i) you live in Scotland, in which case, it will be governed by Scots law, or (ii) you live in Northern Ireland, in which case it will be governed by the laws of Northern Ireland.

Registered Address: Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN, United Kingdom. Registered in England No. 1471587.

Updated: 11 September 2009