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1. Definitions
a. ‘GM’ means GO Mobile and any successor in business or assignee.
b. 'Customer' means the person named in the Registration Site who is responsible for the payment of the Service.
c. 'Charges' means the charges as listed in the Tariff Guide on GMs website for the BlackBerry® subscription entered into between GM and the Customer.
d. ‘Pay As You GO’ (PAYG) refers to any GM prepaid Service.
e. 'Tariff Guide' means the web publication listing of GM's current charges, which may be updated from time to time.
f. ‘RIM’ is Research In Motion®, and is the BlackBerry® smartphone manufacturer.
g. ‘Registration Site’ means the website accessed from GMs My GO portal that enables the Customer to register for the BlackBerry Service after agreeing to the stipulated Terms and Conditions.
h. 'Network Service' means network and other Service provided by GM and made available for the Customer's use.
i. 'Device' means the BlackBerry® device or any other RIM approved equipment, including charging unit and SIM Card, approved by GM for connection to its network.
j. 'Roaming Customer' means the Customer named in the Registration site having a valid Service provided by GM for international use in other countries. The Roaming Customer shall be liable for any charges incurred whilst overseas and GM shall charge the Roaming Customer for any charges affected whilst roaming.
k. ‘Service’ means the BlackBerry® Service.
l. ‘Service Window’ means the time period of the Service that the Customer registered to on My GO Portal.
m. 'SIM Card' means the Subscriber Identity Module which contains the subscriber information and which, when used with the equipment, enables access to the network system and Service.
n. 'System' means the authorised system as made available by GM.
o. ‘User’ means the registered user of the BlackBerry® Service specified in the Registration Site.
p. ‘Equipment’ includes any device needed by the Customers and Users for the BlackBerry® Service.
q. ‘Fair Usage Policy’ refers to GM’s guide to the usage of Internet, e-mail and other data Service, as defined in its website.
r. ‘My GO portal’ refers to GMs portal accessed via a username and password which allows the Customer to register for various options of the BlackBerry Pay as you Go (PAYG) Service.
s. ‘Username’ is the Customer’s mobile number used for the My GO registration
2. General Terms
a. The Service is a PAYG BlackBerry® Internet Service which is available to all new and existing GO mobile PAYG Customers on any BlackBerry® Device.
b. The Service consists of options of BlackBerry® Data bundles with respective Service Windows, which provides Internet browsing and a push e-mail routed between the user’s BlackBerry® device and the BlackBerry® Internet Service. Service is provided by GM in conjunction with RIM. Data usage which is not part-hosted by RIM, such as GO WAP, is not included and will be chargeable according to the data charging rates defined in the tariff guide on GM’s Website. Any unused data from the bundle chosen will not rollover into the next Service Window.
c. The Service does not include ringtones or games or other billable applications downloaded by the Customer. Only the data transfer costs for these downloads are included.
d. The purchased bundle is valid for the Service Window set at registration stage on My GO Portal, after which the amount will be debited regularly from the Debit/Credit card details entered at registration stage.
e. If the PAYG Customer is already an Auto Top-up Customer, the Service can be activated by entering the My GO portal with his/her user name and password and will be directed to the BlackBerry Registration options. Registration will occur using the same Personal, Contact and Debit/Credit Card details as entered for the Auto Top-up registration. Changing details for the Auto Top-up Service will automatically change details for the BlackBerry® Service, and vice-versa.
f. If the Customer is not an Auto Top-up Customer, the subscriber can register for the BlackBerry® Service by logging in to the My GO portal and following the BlackBerry registration instructions, or visiting and GO retail outlet. For help with registration, visit www.go.com.mt, any GO retail outlet or call Customer Care on 146 from your device.
g. In order to register and make use of this Service, Customer must have had his/her identity ascertained, be at least 18 years old and the legitimate owner of the Credit or Debit Card used to register to the Service. As part of the electronic registration process, Customer shall receive a letter from GM as an acknowledgement that Customer has subscribed to the Service. The letter shall be sent to the address inserted during online registration.
h. During the electronic registration process, or whenever changing credit card details, Customer will be charged €0.01 as part of the Debit/Credit Card verification process.
i. To make use of the Service, Customer must identify himself/herself using correct details. Customer warrants that the information provided to GM is Customer’s personal information and is complete and correct and undertakes to inform GM without delay of any changes to any such information. Customer accepts that his/her Identity Card will be used to verify the registration details. A P. O. Box address will not be accepted during registration.
j. By agreeing to these Terms and Conditions, Customer acknowledges and agrees that: (a) as the registered user of My GO, he/she is responsible for his/her account and to keep the password secure, not let it become known to third parties and not store it anywhere in plain text; (b) if the password becomes known to any unauthorised user, Customer will either change the password by using the facilities provided by GM online or inform GM immediately.
k. It is Customer’s responsibility to inform GM and his/her bank immediately in the event that his/her Debit/Credit Card is stolen or if his/her Debit/Credit Card is invalidated. Customer will be required to register anew should he/she wish to re-activate the Service.
l. A totally new BlackBerry® User will be eligible for a discount on certain Service Windows, as specified on the My GO portal. This discount may only be given once. If the device and/or mobile number has already been registered to the Service before, the Customer is not eligible for the discount. Please note that unlocked devices may have the same Identity Number, and therefore may not be eligible to the discount.
m. Any amendments to the subscription details need to be done through My GO portal. Payment will fail if Debit/Credit Card details are not updated, and the Service will be deactivated. Customer will have to re-register to resume use of the Service.
n. If the Customer chooses to make changes in the Service options on My GO, these must be done three (3) days before expiry of the current Service Window. Failure to do so may lead to the change not taking place in the following Service Window but the Service Window after.
o. The Service will not function if your PAYG account is inactive (please refer to the “PAYG disconnection policy” Terms and Conditions on GM’s website). However the Service will remain active and functionality will resume when your PAYG account is re-activated.
p. If the balance in the Debit/Credit card is below the Service Cost, the Customer will receive a notification that payment has failed, and the Customer must restore bank card balance within 24 hours. If after 24 hours, payment fails once again, the Service will be deactivated and the Customer will have to re-register to resume use of the Service.
q. The Customer may cancel the BlackBerry subscription via My GO portal. The cancellation must be done three (3) days before expiry of the current Service Window in order for the change to take effect before triggering the next payment and Service Window. The Service will be discontinued only at the end of the ongoing Service Window.
r. Each Service window has a stipulated amount of data, specified on the registration screen. If the allocated quota is used up before the expiry of the Service Window, an additional bundle can be purchased by sending a blank SMS to 50700277. Alternatively, the Customer may purchase the extra bundle via the My GO portal. As long as the Service is not discontinued, and the PAYG account is active, the extra bundle will have a running period of 365 days.
s. Bundles and respective charges apply for local usage only. Whilst roaming, BlackBerry® Data usage will be charged at the standard PAYG data roaming charges and deducted from your main PAYG balance. Unless the Data Option of the device is turned to "OFF", BlackBerry® Data roaming occurs even when the set is idle, due to push email nature of the service.
t. GM will not send any printed receipts by post. Receipts will be made available to the customer up to 180 days from the date of the purchase of the bundle, upon request.
u. In the event of loss of SIM card, it is the Customer’s responsibility to report the loss to GM, in order to block the Service. The Service will resume should the SIM card be reactivated or a new SIM Card activated with the same number, within the time frame of the current Service Window. Should the SIM card be activated after expiry of the current Service Window, the customer will need to re-register to resume use of the Service.
v. GM will use its best endeavours to provide a prompt Service as described in these Terms and Conditions, but will not be liable for any failed top-up transactions due to technical failure, or other issues.
w. GM will activate the Service within one working day from registration, subject to the verification of the Registration Service.
x. GM reserves the right to refuse Customer’s application without a need to provide a reason for its decision.
y. GM processes personal data in line with the Data Protection Act (2001) and any applicable legislation. Personal data provided to GM will be kept in confidence and processed in order to render and/or improve the Service you have requested. Personal data shall not be transferred to any third party unless requested by you or permissible according to the law. You have the right to require access to your personal data as well as the right to rectify, or, in appropriate circumstances, erase any inaccurate, incomplete or immaterial personal data processed by GM.
3. Information security
a. GM makes every effort to ensure Customer confidentiality when securing on-line payments. This includes ensuring the security of your Debit/Credit card details and other personal information and the use of encryption to protect the communication and/or transaction.
4. Modification, Suspension and Termination of Service
a. GM reserves the right at any time to modify the Terms and Conditions and modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) by giving notice on GM’s Website:
(i) in fulfilment of any instructions requested by governmental or regulatory authorities;
(ii) for the purposes of repair, maintenance, improvement of the network or other operational reasons;
(iii) for health and safety considerations;
(iv) for any other reason beyond GM’s control;
(v) if the Customer breaches any of the conditions laid out herein;
(vi) if the Customer provides GM with false, inaccurate or misleading information at any time during the duration of the Service; and
(vii) if the Customer tampers with any equipment provided by GM.
b. GM reserves the right to vary or change the Service bundles by giving notification on GM’s Website:
(i) As a result of circumstances independent of GM’s control including technical, commercial difficulties, or any unforeseeable circumstances;
(ii) As a consequence of the termination or suspension of any particular agreement that GM may have with RIM or any party in connection with the provision of the Service; or
(iii) For reasons aimed at the improvement of the Service offered.
c. Where reasonably possible, GM shall provide the Customer with adequate notice prior to the interruption, suspension or termination of the Service and where relevant, GM undertakes to restore the provision of the Service without unnecessary delay
5. Liability and use of the BlackBerry® Service
a. Up to the maximum allowed at Law, GM shall not in any way be responsible for any loss of information during data transfer or damage or injury to the Customer or any other party arising while using the BlackBerry® Service, irrespective of whether such loss of information, damage or injury to the Customer or any other party is direct or indirect, consequential or contingent, and whether foreseeable or otherwise.
b. GM shall not in any way be responsible for the accuracy of any information accessed and for the quality of Internet content made available and accessed through the BlackBerry® Service. Neither will GM accept any liability for the consequences of use of information available on the Internet.
c. The Customer is responsible/liable for the cost of any damage to the Equipment and/or cost of the Service brought about by misuse, other than the stipulated use, whether with or without the Customer’s knowledge or permission.
d. Apart from the Fair Usage Policy, available on GM’s website, the Customer should be aware that the current statutory provisions relating to terminal equipment and electronic communication Service apply to the use of the Service via the device. In addition, the Customer must:
(i) Not use the Service for any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication that is of an offensive, abusive, indecent, obscene or menacing nature, or for sending unsolicited junk mail (known as 'spamming').
(ii) Not reverse the charges on any data call made in Malta, or allow anyone else to do this.
(iii) Comply with any reasonable instructions issued by GM that concerns the Customers use of Network Service, subscriber equipment or related matters and not use the Service in a way that stops, slows down or otherwise damages the Service, thereby seriously jeopardizing its effectiveness or functionality for other users.
(iv) Not to use the BlackBerry® Service in any manner which constitutes a violation or infringement of any intellectual property rights, including copyright and trademark.
(v) Provide GM with all such necessary information that GM may reasonably require.
(vi) Only use a SIM card for connection to the System.
6. Other Terms and Conditions
a. General GM Terms and Conditions and GM’s Fair Usage Policy apply. These can be found on: www.go.com.mt. These Terms and Conditions will prevail wherever there may be an inconsistency with the Terms and Conditions described above.
b. RIM BlackBerry BlackBerry® Internet Service Terms and Conditions can be found on RIM’s website: www.blackberry.com
For more information, please contact GM’s Customer Care on 146 from your device.