Following are the general legal terms and conditions "Terms" governing your access to and usage of the products, services and content offered to you on this portal "Portal" or site "Site" (regardless of the method used for accessing it; from the WEB, by WAP or on a PDA) (Collectively, the "Service" or "Services"). This Site and the Services are operated by or on behalf of Etihad Etisalat (hereinafter referred to as "we", "us", "our" or "Mobily"). Any reference to "you" and "yours" shall refer to you, the subscriber/user of the Service.
Scope of Implementation
Our Service is based in the Kingdom of Saudi Arabia, offered mainly and intended for access and use by Saudi Arabia residents only. However, the site is open to all Internet users and browsers, please feel free to use it as long as you are bound by the terms and conditions mentioned herein and on the other sections, where applicable.
Your access and use of the Service and any information and services provided by us as part of or via the Service is subject to these Terms (which include any directions and guidelines given by us on the Service from time to time) without modification by you. We may change these Terms as we deem appropriate from time to time, and where possible will provide advance notice of major changes to the Service in accordance with the Saudi laws.
By accessing or using any of the Services, you are deemed to be legally bound by the current Terms of the Service at the time of your access. You should therefore check these Terms regularly.
We enter into agreements to offer you products, services or applications through a third party service or content provider ("Provider"), or you may be contracting directly with such Provider, and your access to and use of that service or application may be subject to additional terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms to the extent where they are applicable.
Your contract with us shall begin upon the earlier of you: completing our registration process online; or viewing, accessing or using any Service offered by us which does not require registration.
The general terms and conditions of the Mobily airtime service agreement and the terms and conditions of the Mobily prepaid service (as applicable) shall also be applicable when using the Service as long as you have a mobile phone on the Mobily network.
In addition to these Terms, there may be additional terms and conditions applicable to individual Services which you will be required to accept when registering and/or using that Service.
Registration, User Names and Passwords
When registering on any of our services, you agree to provide true, accurate, current and complete information. Upon registration, you will be provided with a security code to access the Service and any pages for which registration is required. You are responsible for all actions resulting from accessing the Service via your password. It is your responsibility to ensure the security of your password and the device that you use to access the Service. As a result, you shall not reveal or disclose your password to anyone and you hereby agree to perform modifications on any mistakes in your registration details by amending them using the tools provided the website or by contacting us.
When you register to use our online services, you will be asked to choose a user name: the user name you choose must not be obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property or proprietary rights of any third party; and if we consider that the user name selected by you is inappropriate based on our sole and absolute discretion, we reserve the right to terminate your account and prevent your use of such user name at any time with or without prior notice to you.
In the event that your password becomes exposed to any unauthorized party, you are responsible to take action to change it immediately using the methods on the site.
We reserve the right to change your password and your user name at any time in our sole and absolute discretion and we might notify you of any changes by using the contact details that you have provided to us or in any manner we deem reasonable.
All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or animated images) contained in or accessible via the Services ("Content") is either owned by us or is used by us under license from the legitimate owner(s) for use as part of the Services. You are only allowed to use the Services as set out in these Terms. If you wish to do anything else with any of the Content, you must first obtain the written permission of the owner of the rights in that material. All rights are expressly reserved.
We grant you a non-exclusive, non-transferable right to view and use the Service and the Content via your PC, mobile device, PDA or any other access device compatible with our network for personal, non-commercial purposes only and subject to your strict compliance with these Terms. In doing so, you may copy the Content without performing any changes to the extent that such copying is required for the proper use of the Service or the Content and such copying is permitted by
the copyright owner and is within the fair use doctrine. You are not allowed, in respect of any Content (wholly or partly): to alter, change, edit, modify, reformat, adapt it in any other way or create derivative work to pass it to third parties or to allow third parties to access it unless and to the extent expressly permitted; or Should you become aware of any unauthorised use or copying of any Content or any part of the Services or any unauthorised access to or other unauthorised activity in connection with the Services, please notify us immediately. Delay in notification will be at your risk and responsibility.
You hereby grant us a perpetual, irrevocable, royalty-free, world-wide license to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us by any communication method whether email, voice mail, SMS, MMS or otherwise on the Service as we see fit and without notice to you, unless you have explicitly indicated otherwise.
You, and/or anyone using the Service or the Content through your account, are prohibited from:
- using the Service and anything available from the Service for illegal or illegitimate purposes or in breach of any applicable laws, statutes, regulations, codes of practice or applicable customary rules;
- using the Service or the Content in any way that we in our sole and absolute discretion consider unacceptable, inappropriate, likely to injure our reputation or brand or otherwise objectionable;
- copying, modifying, reformatting, making derivative work, publicly displaying, disclosing, distributing, licensing, transmitting, selling, performing, publishing, transferring, linking to, reverse engineering or decompiling (except to the extent expressly permitted by applicable law) or otherwise making available the Content and/or the Service or any part thereof except as set out in these Terms;
including or creating links, or deep-linking to or from the Content and/or the Service; replicating our portal, our homepage or framing any part of the Service or Content; using the Service to upload, post or otherwise transmit messages, information or images that are threatening, menacing, racist, offensive, tasteless, defamatory, indecent, or of obscene or pornographic nature, in breach of confidence or otherwise illegal; using the Service or the Content for commercial (non-personal) purposes; infringing any other person's intellectual property rights, including copyright; harassing, threatening, impersonating or otherwise violating the rights of others including the rights of privacy; hacking into, making excessive traffic demands, transmitting viruses, chain letters or pyramid schemes or otherwise engaging in any other activity intended to inhibit other users from using and enjoying the Service or any other website; advertising or offer or to sell goods, merchandise or services; collecting and processing others' personal data; using the Service to spam others or send them junk mail, or to collect information about the members; We reserve the right to remove, edit or refuse to post any material that you or other third parties place or attempt to place on the Service, to block or suspend your access to the Service and to take such other action as we in our sole and absolute discretion consider necessary to prevent or remedy any breach of these Terms. Please notify us of any Content or third party material or activity on the Service that you reasonably believe is in breach of these Terms. We are not responsible for any failure to remove, or delay in removing, any Content or third party material from the Service.
Remember that the Internet and other portals are global media and are therefore governed and regulated by different laws of many countries. Some materials that are illegal in Saudi Arabia may be legal in another, and vice versa. You must not, by using this site, possess or transmit illegal material. If you are in any doubt as to the legality of any action or transaction on your side, we strongly recommend that you take independent legal advice.
Messages, Content Delivery and Usage
We might allocate certain storage space for your communications and messages, whether SMS, MMS, Emails, images, video and audio clips or otherwise.
We hereby reserve the right to impose certain limitations as we deem necessary on the amount of storage space; We have no obligation to store any such materials for you and will not be responsible if stored messages are lost or deleted. We recommend that keep a copy of any data that you store with us in another storage environment.
Whilst we will use our reasonable efforts to ensure that your communications and messages, whether SMS, MMS, Emails, images, video and audio clips or other are sent correctly to the intended recipients, we cannot and are not responsible for their delivery over third party telecommunications networks and we do not warrant and shall not be liable for any delay or failure to send, receive or process them or the quality of the materials received. You accept and agree that they may be manipulated, distorted, adapted, modified, stored or forwarded by others without restriction on Mobily network, our website, WAP site and the Internet and Mobily shall not be responsible or liable for such acts
We reserve the right to suspend or terminate any message account that you have registered with us or other storage facility for pictures, images or video clips where you remain inactive for any period of time chosen by us in our reasonable discretion or where we believe, in our sole and absolute discretion, that your message account or storage facility is being used for illegal purposes, to generate spam or any other form of unsolicited bulk mail/communications, or messages which are threatening, menacing, racist, offensive, tasteless, defamatory, indecent, or of obscene or pornographic nature, in breach of confidence, illegal or otherwise in breach of any part of these Terms.
Should we decide to terminate or suspend your message account or storage facility due to you remaining inactive for the period specified by us, or if we decide to change this period, we shall use our reasonable effort but are not committed to notify you in advance of taking such action. We recommend that you save copies of all content, emails or other data that you wish to keep on another storage device apart from the Service.
You might receive unwanted messages, pictures, video clips or other communications, or unauthorised persons might have access to information stored on your PC or mobile phone which may cause irritation or damage to your PC or mobile device. In this case we accept no liability for any loss or damage resulting from the receipt of any messages, pictures, video clips or other communications from any third parties.
Some of our Services enable you to download Content to a mobile device, personal computer, personal digital assistant or other access device; provided that: You are responsible for adjusting the personal settings of your access device to ensure that you receive the Content that you have selected. By registering for Services you confirm that your access device can support downloading the relevant Content. We shall not be held responsible should you attempt to download Content onto an incompatible access device and you will be charged regardless.
You are permitted to save such Content on your access device provided that you respect the intellectual property rights of others. Accordingly you are strictly prohibited from saving such Content on other devices; modifying the Content; copying, distributing or forwarding it to one or more third parties or allowing third parties to access it. Without limitation, we shall not be liable in any manner whatsoever for failures, defects or delays in the delivery of the Content which are caused by one or more of the following reasons: your device, whether mobile phone or other, is turned off, out of range/coverage or cannot be reached; you have provided an incorrect phone number or incorrect contact information when or before ordering the Content;
your message mail box/inbox is full and cannot receive additional messages; your device is not functioning properly; any other reason outside our reasonable control.
The word or mark "Mobily" and any other trademark registered in the name of Mobily or is (are) used by Mobily however represented, all associated logos, symbols, taglines, and combinations of any of the foregoing with another word or mark, are the trademarks of mobily or third parties (the "Trademarks"). You shall not be permitted to use or copy such trademarks in any manner.
Charges and Payments
Where any of our Services requires payment by you, the following conditions shall apply: Charges will appear on your next monthly mobile bill if you are a post-paid customer, or shall be deducted from your prepaid credit if you are a prepaid customer. You must make such payment as and when required by these Terms: if you do not do so, we reserve the right to terminate your access to the Service immediately and without notice following any missed, rejected or refused payment.
Without prejudice to the above paragraph and the right of mobily to terminate, if payment is not paid on time, your payment is rejected or refused (including if you do not have sufficient credit in your prepaid account), or you default in payment, the amount owing will be treated as overdue and we will be entitled immediately to cease or suspend the provision of the Services to you without notice and until payment is received or until your credit has been topped up.
All amounts payable by you shall be paid in full in Saudi Riyal. We shall be entitled to revise our tariffs regularly as permitted by the Saudi laws. The charges shall be subject to taxes and governmental charges and any charged imposed on us.
You will need to provide all equipment necessary to access the Service and be liable for payment for the local telephone call charges/landline charges at the rates published by JTC or any other Internet access charges to which you may be subject.
If you are roaming in Saudi Arabia, you should check with your network operator for details.
Suspension and Termination
We may suspend the operation of the Service without notice: in order to update or upgrade the contents or functionality of the Service from time to time; for repair or maintenance work on the Service or our servers or systems; if we believe that you are or may be in breach of these Terms.
If we suspend your access to the Service to investigate or prevent a potential breach of these Terms, these Terms shall continue to apply during such period of suspension and you shall remain liable for any charges payable by you during such period.
We may terminate your access to and use of any or all parts of the Service without notice:
in the event that we believe that you are or may be in breach of these Terms; or in the event that you do anything that we think may damage or affect our commercial interests or business.
If we terminate your access to the Service, we may delete all information, communications by you, emails, messages and data that you have stored on the Service. Therefore, we recommend that you save copies of all information that you wish to keep on another storage device apart from the Service.
If we terminate your access to the Service for material breach of these Terms (including non-payment of any amounts due by you) then you shall remain liable for any such amounts and for any other amounts which you have contracted to pay prior to such termination, whether or not such charges relate to Services to be provided before or after such termination date and whether or not the charges are owed and/or payable to us or to our partners, providers or collection agents.
Mobily may withdraw or change the Services generally, at any time for technical, commercial, public interest or operational reasons. In the event that the Services are being permanently withdrawn by us, this may, according to Mobily's discretion, be communicated to you prior to the withdrawal of the Services. Irrespective of the reason for the suspension, termination, withdrawal or change, Mobily shall not be obligated to give advance notice. Termination shall not affect the accrued rights and liabilities of either you or us.
You may end the Service at any time by following the instructions on the website if available or contacting us. Termination of the Service will not affect your obligation to pay for Services used by you or any third party merchandise, goods or services previously purchased using the Service.
Legal Disclaimer and Limitations of Liability
The Service is supplied to you on an "as is" and "as available" basis. We make no warranties, express or implied, with respect to the Service and/or the Content whatsoever (including without limitation regarding their quality, merchantability, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from errors) unless specifically set out in these Terms or any other applicable terms.
We use our reasonable endeavours to ensure that the information within the Service is accurate at the time of its inclusion, but your access to the Service and any action you carry out on the basis of data or information you obtain from or via the Service (including any transaction you make with a third party for the supply of goods or services to you) is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result. The inclusion of links on the
Service to third party sites not controlled by us does not imply any endorsement by us of such sites. The Service is provided to you through a variety of systems (including telecommunications) and we are unable to guarantee error-free use or transmission of, or access to, any part of the Service.
Accordingly, we shall not be liable for any costs, expenses, loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to the foregoing any losses in relation to:
your use of, reliance upon or inability to use our Service and/or Content; the deletion with or without notice or cause of any of your data or information stored on the Service; any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of the Service at any time; or the removal from the Service of any material sent or posted by you on or via the Service and/or the blocking or suspension of your access to the Service or any part of it in accordance with these Terms.
If you are dissatisfied with any part of the Service or with any of these Terms, your sole and exclusive remedy is to discontinue using this Service.
You irrevocably and unconditionally agree to indemnify us and our Providers, partners, affiliates, directors, employees.... etc. fully and wholly against and to hold us and our Providers harmless on demand from all losses, costs, proceedings, damages, expenses (including reasonable legal costs, expenses and attorney fees) or liabilities howsoever incurred by us or our Providers as a result of any claim by a third party resulting from your use of the Service (or use of the Service by anyone who accesses theService via your password) in breach or non-observance of these Terms.
We shall notify you of any claim that we or our Providers receive and you hereby provide us and/or our Providers with full authority to defend, compromise or settle such claims and shall provide us and/or our Providers with all reasonable assistance necessary to defend such claims, at your sole expense.
The Internet and Third Party Websites
You acknowledge that we are unable to exercise control over the security, reliability or subject matter of third party content transmitted or accessible via the Service and we exclude all liability of any kind for the transmission or reception of illegal or unlawful content. The Services may be used by you to link to other websites, resources and/or communications networks. We accept no responsibility for their content or services, or otherwise in respect of these. We endeavour to ensure the security of your communications; however your communications pass over third party networks over which we have no authority or control. There is a risk that your communications may be illegally intercepted or accessed by those other than the intended recipient. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to information stored on your PC or mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge. We accept no liability for any loss or damage resulting from your use of the Internet and/or third party websites or content accessed via the Service.
General and Miscellaneous
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or use of this Service.
Failure by us to exercise any right given to us herein, or to insist upon strict compliance by you of any obligation hereunder, shall not constitute a waiver by us of our right to demand exact compliance with these terms.
You agree that we may sub-contract the performance of any of our obligations or may assign these Terms or any of our rights or obligations without giving you prior notice. You undertake not to assign, re-sell or in any other way transfer your rights or obligations under these Terms.
We will not be liable to you for any breach of these Terms, which arises because of any circumstances that we cannot reasonably be expected to control.
Should any of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect and full force.
These Terms, and, where applicable, the relevant additional terms that you accept as part of the registration process or when using a Service and the Provider terms and conditions, form the entire understanding between you and us concerning your use of the Service and supersede all previous or contemporaneous agreements relating to the Service.
You acknowledge and agree that in entering into these Terms 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 or not) other than as expressly set out in these Terms as a warranty.
These rules are based on current "best industry practice" and draw on the collective experience of users and service providers across the Internet and mobile community.
The titles and headers herein are for convenience purposes and have no legal efficacy.