1 - INTRODUCTION
These terms and conditions have been issued in accordance with Federal Act No. 1 for 1991 in respect of Emirates Telecommunications Corporation.
- These Terms and Conditions shall govern Etisalat Website(www.etisalat.af) and the Services provided under this website by Emirates Telecommunications Corporation, "ETISALAT" referred to as ‘Etisalat Online Services’.
- Natural as well as juridical persons are eligible to become "Customer" of the Etisalat Website under these Terms and Conditions.
- In relation to the provision of Services and supply of Products by Etisalat Website, Customer of Etisalat Website shall observe and be bound by Etisalat Conditions applicable to each particular Service and/or Product which Conditions shall be deemed an inseparable part of these Terms and Conditions.
- Customers shall be deemed to have accepted and agreed to be bound by these Terms and Conditions immediately upon clicking and using this website. However, when a Customer elects to transact on Etisalat Website for any of Etisalat Services or Products, that Customer shall be deemed to have agreed to be bound by the Terms & Conditions contained herein along with Etisalat terms & conditions applicable to that particular service.
- This Introduction constitutes an integral part of these Terms and Conditions.
2 - DEFINITIONS & INTERPRETATIONS
In these Terms and Conditions, unless the context requires otherwise, the following word(s) and terms shall have the meanings attributed to them:
- EtisalatWebsite: shall mean Etisalat owned website with the URLwww.etisalat.af offering informational content and online transactions with Etisalat on products and services specified therein (hereinafter referred to as Etisalat Website).
- EtisalatWebsite Services & Products: shall mean sale and/or rent of all Products and Services provided by ETISALAT or any Etisalat products and services offered and allowed online business through Etisalat Website.
- Etisalat Website Registration Process: shall mean the process specified for registering customers to transact business through Etisalat Website as amended by Etisalat from time to time.
- Etisalat Applicable Terms and Conditions: shall mean the relevant Etisalat Terms and Conditions particular to any Service or Product offered through Etisalat Website.
- Customer: shall mean the Etisalat Website registered customer(s)
- Application form: shall mean the form(s) made available on Etisalat Website for applying to the Etisalat service(s) or products.
- User: shall mean any online visitor who visits Etisalat Website
- Order Form: shall mean the Web pages accessible at the Etisalat Website containing details of services available for:
selection by and/or allotment to the Customers and,
submission by the Customer as part of the process of application after the customer has made and verified the selection.
- Order Form Confirmation: shall mean the Web pages accessible at the Website marked with the references "Order Form Confirmation" containing a summary of the details of the Services and Products ordered and Charges payable.
- Registration Form: shall mean the Web pages accessible at the Website marked with the reference "Registration Form" for the Customer to fill in Customer's personal, billing and delivery information and for the submission by the Customer for the completion of Etisalat Website Registration process, where applicable.
3 - DISCLAIMER
While Etisalat uses reasonable efforts to include accurate and up-to-date information on this web site, Etisalat makes no warranties or representations as to its accuracy. Etisalat Website Service and Products are provided "as is" without any warranties or representations of any kind whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
4 - LIABILITY
- Notwithstanding any thing to the contrary in these Terms and Conditions, Etisalat shall have no liability for any direct, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to Etisalat Website and Etisalat Online Services, even if Etisalat has been advised of the possibility of such loss. If a Customer/User is not satisfied with any portion of Etisalat Website, Service or Products or any of these Terms & Conditions, that Customer's/User’s sole and exclusive remedy is to discontinue using Etisalat Website.
- In particular Etisalat shall not be liable to any Customer(s) for any delay in providing or restoring Etisalat Website and related Services & Products nor for loss or damage(s) and /or any loss of data howsoever caused including without limitation, non-delivery, misuse or mis-delivery or of any interruption, suspension, or termination of service, or for the contents, accuracy or information or resource made available or received or transmitted through the Etisalat Website, Services & Products.
5 - LINKS TO OTHER WEBSITES
Etisalat is not responsible for any linked sites posted in Etisalat Website. The linked sites are for Customer convenience only. Customer/User understands and acknowledges that any access to such sites is at Customer’s/User’s own risk. Etisalat does not control such sites, or the information contained therein. Etisalat is not liable for any loss or damage that the Customer may sustain as a result of any reliance or use of such sites or the information therein.
6 - PAYMENT RULES
- Subject to Etisalat Applicable Terms and Conditions, Etisalat shall be entitled to debit the Customer's credit card account or recover by any other means any amount including any upfront payment due on any Service or Product offered through Etisalat Website. Customers are required to pay Etisalat all other charges as indicated in Etisalat Applicable Terms and Conditions or as otherwise determined by Etisalat.
- Etisalat shall have the right to charge a reasonable fee for the processing of any personal data access request. All requests for access to or correction of personal data or information regarding policies and practices and types of personal data held should be in writing and be addressed to:
7 - MODIFICATION OF SERVICES
Etisalat reserves the right to change and / or amend online services, Services and/or Products offered or delivered to the Customer from time to time. Furthermore Etisalat reserves the right to discontinue all or part of Etisalat Online Services, Services and Products without any prior notice.
8 - REPRESENTATIONS AND WARRANTIES
Customer represents and warrants that:
- where the Services or Products applied for involve only network subscription by using the Customer's own mobile telephone handset, that he is the sole and beneficial owner of the mobile telephone handset and has the absolute right, title and interest in that handset and that no other party has any interest therein.
- all information provided by the Customer in the Application Form(s) are true and complete;
- he/she is a Afghan national or a resident of Afghanistan or a visitor aged 21 or above and a holder of a valid credit card, the details of which have been entered into the Etisalat Online Services Registration Confirmation Form. Customers aged 18 and above but under 21 must submit a parental or Guardian guarantee together with their Registration Confirmation Form.
- Customer will indemnify Etisalat in full against all direct or indirect loss, damages, claims, demands, proceedings, costs and charges howsoever arising out of the Customer's breach of any representation, warranty or undertaking set out in these Terms and Conditions. The provisions of this Para shall survive termination of the Etisalat Website Terms& Conditions.
Breach by Customer of any warranty or representation will entitle Etisalat to terminate all Services and Products to that Customer with immediate effect and claim any contractual and statutory damages for such breach.
9 - CHANGE OF ADDRESS
Subject to Etisalat Applicable Terms & Conditions, Customers may change their address on line at any time. However the loss or delay of any mail/ correspondence which might have been dispatched prior to the change shall be at the sole risk and responsibility of the Customer.
10 - AMENDMENTS
Etisalat reserves the right to change, amend or reproduce these Terms and Conditions or any document related to Etisalat Online Services, Etisalat Services and Products from time to time as it may deem fit. Any such change, amendment or reproduction shall immediately bind the Customer from the date on which it is posted on Etisalat Website.
11 - CUSTOMER'S RESPONSIBILITIES
Subject to Etisalat Applicable Terms and Conditions, Customer shall protect the secrecy of the password assigned to him/her at all times and shall ensure that the same is not revealed or disclosed in any manner whatsoever to any person or persons whomsoever.
Customer shall be fully and solely responsible for and shall bear all charges, losses, and damages arising from any use of his or her / user identification and/or password, howsoever arises.
Customer shall at all times use only his own ID password for accessing Etisalat Online Services. The Customer may change his/her password from time to time to ensure security.
Customer shall, when accessing any other network through the Service, comply with the rules appropriate for that network.
Subject to Etisalat Applicable Terms and Conditions and in consideration of Etisalat allowing the Customer access to Etisalat Website services, the Customer agrees:
- not carry out or allow any intellectual property right(s) infringement(s) ;
not to use Etisalat Online Services Customer's access for any illegal, improper, obscene or defamatory purpose or any purpose which is prohibited by law, these Terms and Conditions or other Etisalat regulations;
- not to publish, post, upload, distribute or disseminate any inappropriate, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
- not to upload materials, information or files that contain software or other material protected by intellectual property laws (or by rights of privacy) unless customer owns or controls the rights thereto or have received all necessary consents to do the same;
- not to upload materials, information or files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- not to violate any code of conduct or other guidelines which may be applicable for any particular Etisalat Service;
- not to use the Etisalat Services in any manner which could damage, disable, overburden, or impair any Etisalat Service or the network(s) connected to any Etisalat Services or interfere with any other party's use and enjoyment of any Etisalat Services or Products;
- not to attempt to gain unauthorized access to any Etisalat Services, other accounts, computer systems or networks connected to any Etisalat Services through hacking or any other means;
12 - CONTROL OF ACCESS DATA
Etisalat reserves the right to manage and control the access to computer systems and data stored in Etisalat Website.
13 ACCESS SPEED
Etisalat does not guarantee any specific response time for Etisalat Website access to Internet.
15 - DATA COLLECTION & PROTECTION POLICY
The collection, use, retention, disclosure, transfer, security and access of Personal Data will be in accordance with Etisalat Website Data Collection & Protection Policy and the applicable laws in the United Arab Emirates. Etisalat Website Data Collection & Protection Policy forms part of these Terms and Conditions.
COLLECTION OF PERSONAL DATA
It may be necessary for the Customer to provide Etisalat with her / his personal information ("Personal Data") when Customers apply to EtisalatOnlineServices and/or continue to subscribe with Etisalat Online Services, a service and/or product. If Customer Personal Data is incomplete or incorrect, Etisalat may not be able to provide or continue to provide its Services to Customer.
Customer agrees that her/his Personal Data provided to Etisalat may be used and retained by Etisalat and Etisalat may disclose and transfer (whether in Afghanistan or abroad) to Etisalat agents, contractors, any telecommunications operators, any third party service providers, any third party collection agencies, any credit reference agencies, any security agencies, any credit providers, banks, financial institutions, Etisalat professional advisers, any other persons under a duty of confidentiality to Etisalat and any of Etisalat actual or proposed assignees or transferees of Etisalat rights with respect to Etisalat to use, disclosure, holding, processing, retaining or transferring such Personal Data for the purposes mentioned above.
Information needed to execute the transactions you request When Etisalat does require information from Customer, Etisalat will request Customer to submit this to Etisalat voluntarily. This information will help Etisalat to get in touch with Customer and process her/his requests where applicable. The information can also be used for marketing or quality assurance purposes.
16 - INTELLECTUAL PROPERTY, COPYRIGHTS AND TRADEMARKS
- The content of Etisalat Website is protected by copyright, trademark and other intellectual property rights as applicable.
- Content (including, but not limited to, information, communications, software, images and sounds contained on or available through the Etisalat Website) is provided by Etisalat, its content providers and third parties. The intellectual property rights to or over the contents contained in Etisalat Website belong to Etisalat, its content providers and/or third parties. All rights are reserved. The contents of the Site cannot be copied, reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying, printing or recording without the prior written permission of Etisalat.
- Customer/User agrees the material and content referred to above is for own personal use only and may not be used for commercial purposes.
- Customer, by submitting any materials to Etisalat via the Etisalat Website, via email or otherwise, irrevocably authorise Etisalat to copy, modify, distribute or create a derivative work from that content in any form. Customer warrants that the materials are fit for publication and agrees to indemnify Etisalat Website and Etisalat for any claim or demand, suit or other action brought by any third party against Etisalat in relation to such materials
17 - GOVERNING LAW & JURISDICTION
The laws of the Afghanistan shall be the governing law and the courts of Afghanistan shall have exclusive jurisdiction to settle any dispute arising out or with respect to Etisalat Website.