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General terms and conditions of the Provident Technology website (providenttechnology.ie & alias sites)

The following terms and conditions govern your access to and use of this web site (“the Site”) and the services made available to you on this web site ("the Services"). Please read these terms and conditions carefully. Any use by you of the Site or any service on the Site shall be on the basis that you have read, understood and agreed with these terms and conditions.

Provident Technology may vary or change these terms and conditions for any valid technical, operational or commercial reasons. An updated version of the terms and conditions shall be available to you at all times and it is your responsibility to review this periodically. Your continued access to the Site and use of the Services after any such changes have been made shall constitute your consent to such changes. If you are a customer of the Provident Technology mobile telephony service and are availing of certain messaging services, the general terms and conditions of the Provident Technology mobile telecommunications service shall also continue to apply to you in respect of messages sent by you using that service. In the event of any conflict or inconsistency the terms of this web site shall prevail.

General

This Site and the Services are provided in accordance with and subject to the laws of the Republic of Ireland. Certain Services are provided in conjunction with the Provident Technology mobile telephony service and it is a condition of your use of such Services that you are a current customer of the Provident Technology service and have a mobile handset with appropriate capabilities. If you are not the bill payer for the Provident Technology number you are not authorised to register for a Service on behalf of the bill payer; if you do so, Provident Technology reserves the right to bar access to the Service. Provident Technology makes no representations that the Site and Services are appropriate or available for use in or from locations other than the Republic of Ireland. Users who access this Site from other locations do so on their own initiative and risk and are responsible for compliance with local laws. No information on this Site should be construed as a promotion or solicitation for any product or service or the use of any product or service which is not authorised by the applicable laws of your place of citizenship, domicile or residence.

Provident Technology may at any time and without liability modify, suspend or discontinue the Site or any Service with or without notice, for any valid technical, operational or commercial reasons. The suspension or termination of your Provident Technology mobile telephony service account for any reason shall also lead to the suspension or termination of any such Services you avail of. Provident Technology does not guarantee or warrant that any particular features of or information on the Site or any Service will be available to you at any given time. The quality and availability of the Provident Technology mobile telephony service is subject to certain limitations which may also affect the provision of certain Services.

You must ensure that any equipment used in conjunction with any Service is technically compatible for use with the Service and is used in accordance with any instructions, safety or security procedures applicable to that equipment. Provident Technology has no responsibility for any such equipment. Please note that you may experience difficulties using certain Services and accessing certain parts of the Site if you are using an Apple Mac computer.

You acknowledge that the Services may not be available to you in the event that you are denied access or unable to access the internet or this Site. Provident Technology shall not be responsible for your inability to use the Services in these circumstances.

Service Registration Process

Before using certain Services for the first time you will be required to register with Provident Technology. Any information provided by you during registration must be complete and accurate. You must immediately inform Provident Technology of any changes to the information supplied by you to Provident Technology during registration. In particular, you must notify us immediately of any change in your mobile phone number, otherwise you may not be able to use certain Services. Also, if you cease to use the Provident Technology mobile telephony service, you must inform Provident Technology immediately. In these circumstances you will no longer be entitled to use the Services.

You are entirely responsible for maintaining the integrity and security of any Service account you open. When you register for Services you may be required to choose or you may be given a user name and/or a password. Provident Technology may restrict the user name or password you can choose. You must take all necessary steps to ensure your password/username and other information provided during registration is kept confidential, is used properly and is not disclosed to other persons. You agree to notify Provident Technology immediately if your password/username or other registration information has or is likely to become known to person(s) not authorised to use it or is being or is likely to be used in an unauthorised manner. You are advised to change your password regularly. If you forget or lose your password, you should contact Provident Technology and satisfy such security measures as Provident Technology may require before your password is re-issued or a new password is sent to you. Provident Technology reserves the right at its absolute discretion to require you to change any password used by you in connection with the Services.

Payment

You are responsible for any and all service fees, charges and costs (including costs for the use of telecommunications lines) associated with accessing the internet and availing of any Service via this Site. You shall be charged by Provident Technology for your use of certain Services and in particular, messaging services. You will be charged for such Services under the terms of your mobile telephony service agreement with Provident Technology. Use of a Service by you will be charged for on your mobile service bill (if you are a post-paid customer) or will be deducted from any credit used to top-up your mobile handset (if you are a pre-paid customer). Some Services may not be currently charged for, but Provident Technology reserves its right to charge for these in the future. If certain Services are used outside of the Republic of Ireland, roaming rates may apply. For details of applicable charges please go to Tariff Table.

User obligations

You agree not to use or cause or permit any Service to be used:

• for any improper, indecent, unlawful, threatening, defamatory or fraudulent purpose or to cause any injury, offence or annoyance to any person, or interfere with their enjoyment and use of the Site or Services;
• so as to jeopardise or prejudice the operation, quality or integrity of the Site or Services, or the operation, quality or integrity of any telecommunications network;
• to send junk e-mail, spam, duplicative or unsolicited messages for the purposes of direct marketing or advertising or promotional materials to third parties without their prior consent;
• to harvest or otherwise collect information about others, including e-mail addresses, without their prior consent.

You also agree:

• to comply with all reasonable instructions or requests of Provident Technology or an authorised authority in relation to any Service or the investigation of any offences and to abide by all applicable laws and regulations (including copyright and intellectual property laws), licences, codes of practices and usage policies of connected networks;
• not to resell, sub-licence or attempt to resell, sub-licence or otherwise exploit commercially any Service (or any part thereof) or any material or information accessed via a Service;
• not to distribute, download, upload, publish or transmit any data, material, information or software in a manner which may infringe the rights of third parties or render Provident Technology liable to the payment of damages to any third party;
• not to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programmes;
• not to attempt to gain unauthorised access to or interfere with any Service, other user accounts, computer systems or connected networks;
• not to disguise the origin of any transmitted communication or impersonate any other person or entity;
• to dutifully reproduce any copyright symbol and clause in whole as may appear on screen or printer at the head of the relevant data base or the head or foot of any information being processed;
• to notify Provident Technology immediately of any unauthorised use of a Service account or any other breach of security or any claim or legal proceedings against you relating to your use of any Service;
• not to use the server capacity or any software made available to you in any way which in Provident Technology's opinion is or is likely to be detrimental to the operation or provision of any Service or any third party's rights;
• to comply with the terms and conditions of any internet service provider whose services you may use.

Use of the Site and Services

You expressly understand and agree that your use of the Site and Services is at your own risk.

In particular, you assume all responsibility for:

• taking adequate precautions against all errors, defects, interruptions or malfunctions in the provision of any Service;
• accessing, obtaining or transmitting information, materials, data, communications, messages, software and services via the Site (or linked sites) and any Service;
• installing and executing anti-contamination software and otherwise taking steps to ensure that information, if contaminated or infected, will not damage any information or system;
• all activities conducted through the use of any of your Service accounts, whether authorised by you or not;
• any dealings with advertisers, promoters or third party vendors on the internet, including the delivery of and the payment for goods and services;
• evaluating the accuracy, reliability, correctness or completeness of any information (including information concerning companies, share prices, investments or securities) and evaluating any goods (including software) or services offered by any third parties via the Site or linked sites. Provident Technology shall not be a party to or be in any way responsible for any transactions between you and such third parties;
• obtaining the prior consent of third parties to sending them messages for the purposes of direct marketing. The Site and Services are provided "as-is" and all conditions and warranties expressed or implied by statute or common law are excluded to the fullest extent permitted by law. In particular, Provident Technology makes no warranties or representations:
• as to the suitability, reliability, availability, timeliness, correctness, accuracy or completeness of the Site (or linked sites) or any Service or any information, material or communications transmitted, obtained or accessed via the Site (or linked sites) or any Service;
• that the Site or any Service will meet your requirements or that the operation of the Site or any Service will be uninterrupted, timely, secure or error-free or that any defect can or will be remedied;
• to the extent that the operation of the Site or any Service is dependent on third party service or content providers;
• that information or materials obtained or accessed by you via the Site or any Service will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties.

Unless otherwise stated, neither Provident Technology nor any third parties involved in the provision of the Site or Services shall be liable for any losses or damage (other than death or personal injury caused by negligence), costs or expenses (including indirect loss or consequential loss of use, data, profits, business or anticipated savings) arising out of or in any way connected with:

• the use of the Site (or linked sites) or any Service by you or other persons;
• the provision of or failure to provide any Service;
• your dealing with any third parties, including but not limited to advertisers, promoters, vendors or service providers;
• any errors, defects, interruptions, malfunctions or delays in the provision of any Service;
• reliance placed on any information (including without limitation, information concerning companies, share prices, investments or securities) material, data, communication or messages obtained, accessed or transmitted through the Site or any Service;
• the loss, corruption or overwriting of any information, material, data, communication or message;
• any unauthorised access to or alteration of your computer system, software, messages, information or data otherwise arising out of the use of the Site or any Service;
• the suspension or termination of any Service (or any part thereof);
• the acts or omissions of other providers of telecommunications or information services or for faults or failures of their equipment or systems;

whether based in contract, tort, or otherwise, even if Provident Technology or any of its suppliers has been advised of the possibility of such losses, damage, costs or expenses.

You agree to indemnify and hold Provident Technology, its servants and agents harmless against any liability, loss, damage (including legal costs and fees), claims or proceedings (whether actual or threatened) sustained pursuant to the use of the Site or any Service by you, your agents or any third party via your Service account(s) or your breach of these terms and conditions (including without limitation any failure by you to obtain the consent of third parties to whom you send unsolicited messages for direct marketing purposes).

User Information

Provident Technology reserves the right at all times to monitor, review, retain and/or disclose any information or content generated by you via any Service as may be necessary to satisfy any applicable law, regulation, legal process, governmental request or law enforcement agency. Such information may also be held and used by Provident Technology and its agents for our own commercial purposes including but not limited to customer profiling, order processing, administration, credit checking, market research, and to inform you about our products and services generally (unless you specifically request us not to by sending an email to Provident Technology at custcare@Provident Technology.ie)

Provident Technology will not disclose to third parties any personal information about you or your use of the Services without your prior permission unless Provident Technology has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Provident Technology; (3) enforce these terms and conditions; (4) act to protect the interests of third parties or (5) respond to service or technical issues.

You acknowledge that information, messages, electronic mail or any other material passing over the internet or via text messaging may contain a reference to the identity or Provident Technology number of the sender or may not be free from interference by third parties. Provident Technology cannot guarantee the privacy or confidentiality of any information transmitted by or to you via text messaging or over the Internet. Provident Technology reserves the right to remove or require the removal of any content generated by you or via your Service account if such content is in Provident Technology's sole discretion, in violation of these terms and conditions or is otherwise unlawful, harmful, defamatory, offensive or objectionable.

Force Majure

If Provident Technology is unable to perform any obligation under this Agreement because of a matter beyond its reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving our employees) or acts of local or central government or other competent regulatory authorities or events beyond the reasonable control of its suppliers, Provident Technology will have no liability to you for that failure to perform.

Suspension / Termination

Provident Technology may without notice suspend or terminate your access to any Service wholly or partially for any valid reason, including, without limitation, where:

• you fail to observe or perform any obligation set out herein (and in particular any User Obligations) or any relevant law, licence, regulation, directive, code of practice or applicable usage policy; or
• you fail to pay Provident Technology any sums due in connection with any Service; or
• you supply false misleading or inaccurate information to Provident Technology at any time; or
• if for any reason Provident Technology suspends or discontinues a Service or is unable to supply a Service (or any part thereof) to you;
• the Provident Technology mobile telecommunications service to you is suspended or terminated or you are no longer the registered owner of the mobile phone number given by you at registration.

Where Provident Technology exercises any of its rights or powers under this Clause such exercise shall not prejudice or affect the exercise of any other right, power or remedy which may be available to Provident Technology.

Upon suspension or termination, Provident Technology shall have no obligation to maintain any content in any of your accounts or to forward any unread or unsent messages to you or any third party. Provident Technology shall not be liable to you or any third party for any suspension or termination of your access to or use of a Service.

You may terminate your use of certain services by turning these off at the relevant page.

Proprietary Rights to Content

The information contained in the contents of the pages of this Site, including but not limited to the layout and expression, are copyright © 2002-2008 Provident Technology Limited and/or its third party contributors and may not be copied, transmitted, converted, transcribed, stored or reproduced except as follows:

(i)You may print or download on any single computer one copy of the contents of these pages (other than those excepted from this licence as set out below) for your personal, non-commercial home use. All copyright notices, proprietary notices and disclaimers should also be copied. All rights not expressly granted by us in these terms and conditions of use are hereby reserved.

(ii)Any organisation may download the Site for caching purposes, and to allow its members, subscribers or employees to access the Site.

The limited licence to copy materials on this Site set out above does not permit incorporation of the material or any part of it in any other work or publication, whether in hard copy, electronic or any other form. In particular, but without limitation, no part of the Site pages may be distributed or copied for any commercial purposes. No part of these Site pages may be produced on or transmitted to or stored in any other web site or other form of electronic retrieval system. In addition, in respect of any software downloaded from this Site, title, including all intellectual property rights, shall vest and remain vested in Provident Technology and/or its third party contributors.

Where applicable, the author(s) of the literary and artistic works set out on the pages of this Site has/have asserted his/her/their moral rights to be identified as the author of those works. Their identities are set out on the pages containing their works.

Linked sites

Certain links on this Site lead to sites maintained by third parties over which Provident Technology has no control. Provident Technology makes no representations as to the accuracy, completeness, truthfulness or any other aspect of the information contained on such sites or sites linked to such sites. Any links to such sites are provided for convenience only and are to be availed of at your own risk.

Portal Access

The terms and conditions under this heading relate to the ‘Portal’ service only however, the other terms and conditions of this Site given above also apply to you and you are strongly advised to read them.

Users of this Service may check certain Provident Technology mobile account details and make payments to their account on this Site. Provident Technology employs industry standard security procedures designed to prevent unauthorised interception of credit or debit card information in transit however there are certain risks associated with internet communications and credit/debit card use over which Provident Technology has no control. Provident Technology expressly disclaims insofar as is legally possible responsibility for any loss or damage arising out of the loss or delay of transmissions between you and Provident Technology. Provident Technology recommends that you maintain some form of credit / debit card insurance / protection scheme and in the event of loss, theft or unauthorised use of your credit / debit card you notify your credit / debit card provider in accordance with its standard terms. Provident Technology’s security procedures include the storage of your credit / debit card information. This information is used for processing your payments. This Service is protected by means of a password protected security system which prevents third parties viewing your billing information. Authorised users are solely responsible for the use and safekeeping of their password. Authorised users should not share this password with any third party. Authorised users will be given five opportunities to enter correct log-on details. If incorrect details are entered on each occasion, access to the Service will be denied for 24 hours. Provident Technology should be notified as soon as practicable of any known or suspected unauthorised use of a password. Users shall be fully liable for all use of the password including any unauthorised use. In the unlikely event that such information is disclosed to unauthorised third parties, Provident Technology shall not be held liable for any loss or damage that may result.

General

These Terms and Conditions are governed by the laws of the Republic of Ireland and the parties submit to the non-exclusive jurisdiction of the Courts of the Republic of Ireland. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, 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 these terms and conditions shall continue in effect.

Any waiver, concession or extra time permitted by Provident Technology is limited to the circumstances in which it is given and does not affect the rights of Provident Technology under this contract in any way. In particular any delay by Provident Technology in acting upon a breach does not constitute a waiver of that breach.

Any notices under this Agreement:

• may be given to Provident Technology by prepaid post at its registered office or by calling Provident Technology customer care;
• may be given to you by prepaid post at any billing address Provident Technology may have for you or electronically at your selected email address.

The Provident Technology Customer Care helpdesk handles technical queries concerning the operation and administration of the Site and Services.