Terms & Conditions
Black Friday Promotions
5G Unlimited Wireless Broadband Promotions
All relevant Terms and Conditions as per the "Wireless Broadband", "5G Unlimited Wireless Broadband" apply:
- 5G Unlimited Wireless Broadband 1055 – Promo Price
- This Black Friday promotion starts on the 29 November 2024 and ends on the 8 December 2024.
- During the promotional period, the subscription for new sign-ups/registrations for the 5G Unlimited Wireless Broadband 1055 plan will be discounted from SCR 1,055 to SCR 888 (inclusive of VAT).
- All sign-ups/registrations must be completed during the promotional period.
- This promotion is valid for new postpaid offers only.
- Increase of Daily FUP
- This Black Friday promotion starts from the 29 November 2024 and ends on the 8 December 2024.
- During the promotional period, the Daily FUP (Fair Usage Policy) allowances will be increased as follows:
- 5G Unlimited Wireless Broadband 1055: 30GB of Daily FUP at speeds of up to 500Mbps.
- 5G Unlimited Wireless Broadband 1455: 40GB of Daily FUP at speeds of up to 500Mbps.
- 5G Unlimited Wireless Broadband 1755: 70GB of Daily FUP at speeds of up to 500Mbps.
- This promotion applies to all current and new customers, both prepaid and postpaid, who are subscribed to the respective plans during the Black Friday promotional period.
- Promotional Price Reduction for Rental and Purchase of the 5G Wireless Broadband Modem
- Rental
- This Black Friday promotion starts on the 29 November 2024 and ends on the 8 December 2024.
- During the promotional period, the rental price of the 5G Wireless Broadband modem is discounted from SCR 299 to SCR 199 (inclusive of VAT).
- This promotion is applicable to postpaid offers only.
- The rental price is a monthly charge added to the customer’s bill.
- Purchase
- During the promotional period, the purchase price of the 5G Wireless Broadband modem is discounted from SCR 2,760 to SCR 2,399 (inclusive of VAT).
- This promotion is applicable to both prepaid and postpaid offers.
- The purchase price is a one-time payment.
Unlimited Fixed Broadband Promotions
All relevant Terms and Conditions as per the “Terms and Conditions – Unlimited Fixed Broadband” section apply.
- Unlimited 1049 – Promo Speed Increase
- This Black Friday promotion starts on the 29 November 2024 and ends on the 8 December 2024.
- During the Black Friday promotional period, the upload and download speed of the Unlimited 1049 plan will be increased from up to 30Mbps to up to 50Mbps.
- This promotion applies to all current and new customers of the Unlimited 1049 plan.
- The speed increase is subject to availability and network capacity.
- Promotional Sign-up Period
- This promotion starts on the29 November 2024 and ends on the 8 December 2024.
- During the promotional period, new customers may sign up for any of the Unlimited Home Fibre Broadband plans and enjoy December 2024 rental free. Applicable plans include:
- Unlimited 1049
- Unlimited 1569
- Unlimited 1749
- Unlimited 2099
- This promotion is available only to new customers who have not previously subscribed to any CWS broadband services.
This Black Friday promotion applies only to the rental of December 2024, whether in full or prorated based on the installation date.
CWS TV Promotion
- Eligibility: This promotion is exclusively available to residential customers of Cable and Wireless Seychelles. All employees of CWS are not eligible to participate.
- Service Requirement: Participants must be Full-Service Primetime customers. No discounts or promotional offers may be applied to this service. For further clarification, please contact Customer Service (4284000 and Customerservice@cwseychelles.com).
- Draw Date: The official draw date for this promotion will be Monday, 2nd December 2024. All entries must be received by the specified deadline.
- Applicability: This promotion is open to all existing Primetime customers, those who upgrade to the Primetime service during the promotional period, and new subscribers who sign up for the Primetime service during the promotional period.
- New Signups: All new signups for the Primetime service must be completed and fully installed before December 1st, 2024. For assistance with the signup process, please contact Customer Service (4284000 and Customerservice@cwseychelles.com).
- Account Status: To be eligible for this promotion, Primetime subscribers must have no outstanding bills past their due date and must meet all credit control requirements set forth by CWS. Customers are encouraged to check their account status with Customer Service prior to entering the promotion.
- Brand Affiliation: CWS is not affiliated with any specific brand or manufacturer of the television being offered as part of this promotion. All decisions regarding the television prize, including model and specifications, are at the sole discretion of CWS.
- Prize Limitation: Winner of this promotion will receive a television as described in promotional materials. CWS will not substitute the television prize with cash equivalent or any other form of compensation.
- Winner Announcement: CWS will publicly announce the winner through its official social media channels. The winner may also be contacted directly by CWS for further verification and prize fulfilment.
- Modification and Cancellation: CWS reserves the right to modify, suspend, or cancel this promotion at its discretion, without prior notice. Any changes will be communicated through official channels.
- Compliance: Participation in this promotion constitutes acceptance of these terms and conditions. By entering, participants agree to comply with all applicable laws and regulations.
Limitation of Liability: CWS shall not be responsible for any technical errors or issues that may occur during the promotion, including but not limited to network failures, system malfunctions, or any other errors that may affect entry or prize eligibility.
INTRODUCTION
1.1. These general terms, any applicable special terms set out below or separately agreed with you, your Order Form, applicable CWS tariff, service plan and policies referred to in the terms (together, the "Terms") set out the legal relationship between you and Cable & Wireless (Seychelles) Limited ("CWS"). Together, they govern all the services provided by CWS ("Services") and your use of the CWS website. CWS is a company registered in the Seychelles . With its registered address at Rue de la possession, P.O. Box 4, Victoria, Mahe, Seychelles, and is part of the Cable & Wireless group of companies.
1.2. CWS is regulated by the Seychelles Department of Information Communications Technology or its successor and the Seychelles Licensing Authority.
1.3. CWS’ principal place of business is care of Cable & Wireless (Seychelles) Limited, Rue de la possession, P.O. Box 4, Victoria, Mahe, Seychelles.
1.4. All Cable & Wireless Customer Services Centres on Mahe, Praslin and La Digue can be used for making enquiries, paying your CWS bill and applying for services. You may contact CWS by e-mail at cableandwireless@seychelles.net If possible, you should use e-mail as your primary means of communication with CWS and we may ask you to follow-up any telephone or written contact by e-mail. CWS’ website is www.cwseychelles.com You may contact CWS by telephoning 428 4000(sales) or 121 (faults) or by faxing 432 2777. You must provide a valid e-mail address when placing an order and maintain this address, or provide CWS with an alternative postal address. CWS may use this e-mail address to contact you for all purposes under these Terms. CWS may alternatively contact you by post (including but not limited to your bill/invoice), fax or telephone.
1.5. You may print these Terms at www.cwseychelles.com.
1.6. You agree, by signing an Order Form or by agreeing in writing or orally with an CWS representative to receive Service, to be bound by these Terms.
1.7. If you currently subscribe to CWS internet services, you will be bound by these Terms if you continue to use the CWS services after notification by CWS of these Terms.
ORDER AND INSTALLATION
2.1. On the date you place an order you offer to purchase the relevant Service from CWS under these Terms. By placing an order you agree that CWS, or third parties on CWS’ behalf, may carry out credit checks on you. Your order can be accepted or rejected by CWS at its discretion. There may be a waiting list for Services and CWS will give you an estimated installation date which is subject to change.
2.2. CWS (or other companies or organisations on CWS’ behalf) will need to visit your premises to carry out tests, provisioning or activation and you agree to co-operate and assist. CWS cannot guarantee exact times of visits and is not liable for the consequences of delay. As a service provider CWS only delivers its services to the existing Cable & Wireless telephone socket at your home or business or to the internal access point installed by CWS. Unless agreed with you, or unless it is part of the Service, we are not responsible for the installation of a Cable & Wireless line, any internal wiring, additional phone sockets or extension cables. During activation of your order you may temporarily lose the use of your other telecommunications services.
2.3. You agree, at your own expense, to be responsible for all customer site preparation activities necessary for installation of the Service. You are responsible for ensuring that your equipment meets the minimum system requirements associated with the Service. You are responsible for safeguarding your system from theft, unauthorized use and system corruption. You are responsible for providing a necessary electricity supply for all Equipment. You agree that you will pay for applicable installation and Equipment charges prior to commencement of the Services.
2.4. If any property will be affected by the installation of Equipment, you agree to provide CWS with written permission from the property owner in advance of installation. This is particularly important when Equipment will be installed inside or outside a rented property or block of flats/apartments.
2.5. CWS is not responsible for the installation, maintenance, compatibility or performance of any third party equipment or software not provided by CWS, and if such third party equipment or software impairs the Service, (i) you remain liable for payment of all Service Charges, and (ii) if it is likely to cause hazard or service obstruction, you will eliminate such likelihood at CWS’ request.
2.6. CWS’ Service includes the configuration and set up of the installed Equipment and connection to the CWS Service in accordance with our published or agreed specification only. It does not include any element of audit, design or interconnection of your equipment and CWS makes no representation or warranty about the interworking, interoperability or compatibility of the installed Equipment with your equipment or end to end system functionality. You accept responsibility for your own equipment, connection to any CWS installed Equipment and system functionality.
2.7. CWS may refuse to provide the Services and/or end the contract with you immediately and recover all Equipment if you fail a credit check, incorrect payment details have been provided to CWS, you are not within a geographic area covered by CWS or technical issues prevent, delay or degrade the activation or provision of Service.
2.8. You may cancel your contract with CWS prior to installation by sending CWS a letter, fax or e-mail. CWS will refund any money paid by you but reserves the right to charge a reasonable administrative fee if set-up work (such as site survey, account set-up etc.) has already been carried out.
2.9. If you wish to change locations (e.g. you move house/offices), you must arrange with CWS 15 working days prior to the change for a site survey and new installation to be carried out. There will be a charge for this service. Please note that Services may not be available in the new location. You will remain bound by the Minimum Term if you have agreed to a Service with a Minimum Term. Please consider this when choosing which Service to subscribe to.
EQUIPMENT
3.1. CWS provides different equipment ("Equipment") under different terms depending on the Services you order. Some Equipment may be provided by CWS as part of your Service; other Equipment will be purchased by you and remains your responsibility (not CWS’ responsibility). Different warranty terms will apply depending on the circumstances. We have set out the relevant terms in the Equipment Policy, which forms part of these Terms, and can be found at the following link: www.cwseychelles.com.
SERVICE
4.1 CWS shall use reasonable endeavours to ensure that any Service provided to you by CWS ("Service") shall be provided in accordance with CWS’ description from time to time of such Service and using the reasonable skill and care of a competent Seychelles provider of similar services.
INTERNET SERVICES
4.2.1 CWS may from time to time make changes to its network or the technical specification of a Service. If these changes will materially affect the Service, CWS will contact you.
4.2.2 It is technically impracticable for CWS to provide a fault-free Service due to factors including (amongst other things) adverse weather and electromagnetic conditions, adverse local conditions impacting wireless performance (e.g. interference, vegetation, building construction), telephone line age/quality, satellite provider performance, international internet congestion, name server issues, performance of other internet service and network providers, file download size, Seychelles Internet congestion, your computer settings and optimization (including whether your equipment is free of viruses or other drains on system resources), browser performance, the performance of networks/servers to which you connect, and appropriate prioritization of internet traffic.
4.2.3 Published speeds of service are maximum speeds only. The speed you experience when using the Services may be affected by factors including (amongst other things) your distance from local and national telephone exchanges, telephone line age/quality, satellite provider performance, international internet congestion, name server issues, performance of other internet service and network providers, file download size, Seychelles internet congestion, any published contention ratios applicable to the Services, your computer settings and optimization (including whether your equipment is free of viruses or other drains on system resources), browser performance, bandwidth requirements of your computer applications, the performance of networks/servers to which you connect, and appropriate prioritization of internet traffic.
4.2.4 CWS is not responsible for the performance of networks with which CWS may from time to time connect, including but not limited to the networks of other internet service providers.
4.2.5 CWS may suspend or terminate Services: for operational or technical reasons; if CWS has reasonable grounds to believe that the Services are being used in breach of these Terms including but not limited to breach of the Acceptable Use Policy available at ww.cwseychelles.com; if your use of the Service may damage or disrupt the proper functioning of CWS’ or other networks or impact other customers; or for other exceptional reasons.
4.2.6 Unless otherwise specified by CWS, all Home Services include the assignment of an IP address dynamically and all CWS Business Services include the assignment of a static IP address. In the event of changes to your Service, we may need to allocate a new static IP address to you. In the event that CWS assigns you a static IP address: the IP address will be re-assigned to CWS or to another CWS customer if your Service is disconnected or terminated for any reason; and you consent to CWS’ inclusion of your name, company name, postal address, e-mail address, IP address, and telephone number in such server and/or directory as CWS is required under national or international internet management obligations from time to time.
4.2.7 Dial-up shall be limited to dial-up from one specific telephone number unless agreed otherwise by CWS.
4.2.8. Any e-mail addresses and limited personal web space offered as part of your Services shall be subject to the Acceptable Use Policy. Domain names and hosting packages may be available at extra cost.
4.2.9 CWS provides you with a password to access the Service. You must keep the password and all other security information confidential and you will be responsible for all activities and related costs that take place in conjunction with the use of your password or security information. You must inform CWS and change your password in the event that you become aware of any insecurity, any unauthorised use of your account or any other breach of security.
4.2.10 Security, appropriate use of the internet, regulating access to minors/others, virus protection, spam management, spyware identification, general system healthcare and all other issues relating to your use of the internet and its consequences are solely your responsibility. CWS cannot and will not be responsible or liable. Any software or other services provided to you by CWS which attempt to help with the above issues are provided "as is" with no guarantee whatsoever as to their effectiveness.
4.2.11 You should always back up your data regularly. CWS is not responsible for your data loss or any consequences.
LENGTH AND TERMINATION
5.1. If you have subscribed to Services which require a minimum term ("Minimum Term"), you agree to pay the Service Charges for the whole of the Minimum Term starting on the date on which the Service is activated. You cannot cancel the Services unless you pay the balance of unpaid Service Charges for the remainder of the Minimum Term. After the Minimum Term, you can cancel the Services upon 30 days’ notice in writing and you will be billed up until the end of the 30 days. If your order comprises multiple lines with different activation dates, then each line shall be the subject of a separate Minimum Term from the relevant date of activation. Any Equipment provided by CWS as part of a Service must be returned on or before the date that the Service ends.
5.2 If you have subscribed to Services which do not require a Minimum Term, you may cancel the Services: (i) for dial-up services, upon 30 days’ notice in writing; or (ii) for other Services, upon 60 days’ notice in writing. If you are changing to a different CWS service, CWS may agree to waive the cancellation period at its discretion.
5.3 You agree that CWS may demand, and you shall pay within 10 working days of such demand, a reasonable security deposit relating to Equipment and Services.
5.4 Either you or CWS may end a Service or the contract:
5.4.1 by thirty (30) days’ prior notice (written or oral) to the other party if the other party has materially breached these Terms and has not corrected such breach within thirty (30) days of a written notice requiring correction; or
5.4.2 immediately if the other is, or is deemed to be, insolvent, bankrupt or unable to pay its debts, makes or proposes an arrangement or composition with its creditors generally, enters into liquidation whether compulsorily or voluntarily or makes an application to a court of competent jurisdiction for protection from its creditors generally or a petition is presented or a resolution is passed by it for its winding up, a court of competent jurisdiction makes an order for its winding-up or dissolution, an administration order is made in relation to it or a receiver or administrative receiver is appointed over or a person legally appointed to do so takes possession of or sells any of its assets or notice of a meeting to carry out any of the foregoing is duly served; or
5.4.3 immediately if an event, outside CWS’ reasonable control, prevents continued provision of Service for more than thirty (30) days.
5.5 You may end a Service or the contract if CWS notifies you of a materially detrimental change to a Service or these Terms. In this case you may only terminate within thirty (30) days following such notification.
5.6 CWS may immediately end, or suspend, providing a Service to you if: you fail to pay any amounts properly due; in case incorrect payment or address details have been provided to CWS; or at any time there are incurred unpaid Service Charges owed to CWS (whether due or not) in excess of your deposit (if any).
YOUR OBLIGATIONS
6.1 You agree that you will: not use, nor allow others to use, the Services in any way which breaches the Acceptable Use Policy; not resell the Services to any third party except where expressly agreed in writing by CWS; safeguard security information (including your password); notify CWS of any changes or inaccuracies to the registration data about yourself specified in the order; only use and connect equipment and/or networks to the CWS network that are approved and comply with all relevant legislation, standards and licence requirements; allow CWS and its representatives access to your premises at reasonable times to carry out necessary actions in relation to these Terms; comply with these Terms and any reasonable instructions CWS gives you from time to time; and indemnify CWS against all losses, liabilities, costs (including legal costs) and expenses which CWS may incur as a result of any third party claims against CWS arising from, or in connection with your use or misuse of the Services or breach of these Terms.
6.2 CWS may suspend your Service or block certain activities if it believes in its sole reasonable discretion that any provision of these Terms has been or is likely to be breached by your actions or inactions.
SERVICE CHARGES, PAYMENT TERMS ETC
7.1 The charges applicable to CWS’ processing of any order and the provision of any Service or supply of Equipment ("Service Charges") shall be the Service Charges set out in CWS’ tariff as agreed with you at the time of order or as communicated to you by e-mail or in writing. Service Charges may include any or all of the charges set out in this clause 7.
7.2 Charges may be made for the provisioning, installation, connection and activation of a Service and, if required, the supply of Equipment ("Activation Charges"). The Activation Charges which apply to your order are the Activation Charges in force on the date of order are not subject to change for such order. Activation Charges are due on acknowledgment of your order for such Service and Equipment by CWS.
7.3 Charges may be made for the rental of rented Equipment ("Rental Charges"). Rental Charges are due monthly in advance.
7.4 Charges will be made for your use of a Service or a feature of a Service ("Usage Charges"), including any charges in connection with dial-up, rogue diallers and system misconfiguration. The applicable Usage Charges are calculated in accordance with your usage or Service plan at the applicable rates communicated to you or as are in force from time to time. Usage Charges are due monthly in arrears or more frequently if you receive notice from CWS.
7.5 Other Charges may be made in relation to the relevant Service which do not fall into the above categories ("Other Charges"). The Other Charges may relate, without limitation, to such matters as Service upgrades or migration, feature activation, engineer site visit, change of address or early termination. Other Charges will be communicated to you.
7.6 All services are subject to Goods and Services Tax ("GST"). By taking up service with CWS, you agree to pay to CWS GST at the applicable rate in accordance with the law.
7.7 You agree to pay all invoiced Service Charges by the payment due date specified on the invoice. CWS may charge interest on any overdue amounts payable from the due date until payment of all sums owing including interest (whether before or after judgment) at the rate of 2 percent per annum above the base lending rate of the Central Bank of the Seychelles from time to time. You will be invoiced monthly following activation of your Services. All amounts due to CWS shall be paid in full without deduction, set-off or withholding except as permitted by law. You agree to be liable to CWS for any and all costs and/or expenses incurred directly or indirectly, including reasonable attorney's fees and expenses, in the collection or attempted collection of any amounts due.
7.8 If you purchase Equipment from a third party recommended by CWS, you agree to comply with the payment terms of the third party supplier and to pay all applicable taxes, duties, impost, levies or other government charges.
7.9 If you request an engineer to visit your premises and the fault is found by the engineer to be caused by your equipment or network you will be liable to pay a site visit charge.
DATA PROTECTION
8.1 In processing, provisioning and activating your order, providing Service, billing you and otherwise interacting with you as a customer, CWS and Cable & Wireless will collect, store, process and/or transfer data relating to you. You agree that CWS shall be entitled to collect, store, process and/or transfer data about you in accordance with the laws applicable in the Seychelles from time to time and any Cable & Wireless Group or local privacy policy which is stated to be applicable to the Seychelles.
8.2 From time to time CWS and carefully selected companies may contact you about other CWS or other products and services that we think may be of interest to you. If you do not wish us to contact you, please inform us at the time of order or, in writing, at any time afterwards. Please also let us know when your contact details change.
LIMITATIONS AND EXCLUSIONS OF LIABILITY
Nothing in these Terms shall restrict or exclude either party’s liability for death or personal injury arising from breach of duty or negligence and nothing in these Terms shall restrict or exclude either party’s liability for fraud or fraudulent misrepresentation.
9.2 Subject to clause 9.1, neither CWS nor you will be liable to the other for any Unforeseen Losses whether in contract, delict or otherwise. "Unforeseen Losses" shall mean any economic loss arising in the course of commercial or residential activities (whether direct or indirect) including, without limitation, any loss of profits, anticipated savings, business, contracts, revenue, time, goodwill or loss or harm of data always provided that this shall not include: Service Charges payable; and the repair (or if repair is not practicable, replacement) of any of your tangible physical property intentionally or negligently damaged by us or our employees or agents while on your premises.
9.3. Subject to clauses 6, 9 and the obligation to pay Service Charges due under these Terms, CWS’ liability to you, and your liability to CWS, in respect of all causes of action arising in each calendar year in contract, delict or otherwise (including liability for breach of statutory duty) under, in connection with or arising out of the supply or non-supply of Services and/or Equipment:
9.3.1 in respect of each and every Service shall be limited to damages equal to SR 2,500 in such calendar year; and
9.3.2. in aggregate shall be limited to damages equal to SR 7,500 in such calendar year.
9.4 Your sole and exclusive remedy in respect of any failure to meet any Service levels (if applicable) set out in any Service level agreement (if applicable) is the rebate set out in such Service level agreement.
9.5 Whilst every care will be taken by CWS to provide the Services, CWS shall not be liable for any loss of data howsoever caused including, without limitation, deletions, corruptions, non-deliveries and misuses, whether as a result of interruption, suspension, or termination of Service, or for the contents, accuracy or quality of information or resources available, received or transmitted, through the Service. It is your responsibility to back up data and, within the terms of applicable licences and legislation, all software.
9.6. You shall at all times be under a duty to mitigate any losses suffered by you.
9.7 Each provision of this clause 9 is to be construed as a separate provision applying and surviving even if one or more of the other provisions of this clause 9 is held inapplicable or unreasonable.
9.8. Except as expressly set out in these Terms, all other representations, warranties, terms and undertakings, express or implied, statutory or otherwise in respect of these Terms and each Service contract are expressly excluded to the extent permitted by the laws of the Seychelles.
MISCELLANEOUS
10.1. Neither party may use the other’s name, trade mark, trade name or any other proprietary identifying symbol without the prior written approval of the other party.
10.2. If CWS provides any software (and any related documentation) under these Terms which is embedded in hardware as firmware and which is not accompanied by a licence agreement (collectively "Service Agreement Software"), you agree to use the Service Agreement Software only with the Equipment, if any, and the Services. You agree not to (i) reproduce, reverse engineer, disassemble, decompile, modify, adapt, translate, create derivative works from, or transfer or transmit the Service Agreement Software in any form or by any means, or (ii) use the Service Agreement Software for any purpose other than as set forth in this paragraph. You shall not have any ownership rights in, or obtain rights to, the Service Agreement Software. If a licence agreement ("Software Licence") accompanies the CWS-provided software, whether such software is owned by CWS ("CWS Licence Agreement Software") or its third-party supplier(s) ("Third-Party Licence Agreement Software"), you agree to abide by the terms of the Software Licence. CWS shall have no obligations or liabilities whatsoever in connection with any Third-Party Licence Agreement Software, whether such Third Party Licence Agreement Software is used in connection with the CWS-provided Service or is used independent of the CWS-provided Service. The Customer agrees to look exclusively to the Third-Party Licence Agreement Software supplier(s) with respect to all matters relating to its software.
10.3. When communicating with our Customer Service staff, or any other CWS representatives, you agree that you will not use abusive or offensive language or make threats to such CWS representatives.
10.4 CWS shall not be liable for, and is excused from, any failure or delay in performance that is due to acts of God, acts (or failure to act) of government, civil or military authority, acts of the public enemy, war or threats of war, accidents, fires, explosions, earthquakes, landslides, floods, tsunami, hurricanes, unusually severe weather, epidemics, electromagnetic interference, breakdown in international communications, civil insurrection or due to any other cause beyond its reasonable control.
10.5 CWS may assign or novate the benefit or burden of these Terms or any Service upon notice to you. You may not assign the benefit or burden of these Terms or any Service.
10.6. CWS’ failure to exercise or enforce, or any delay in exercising or enforcing any right or benefit conferred by, these Terms shall not be deemed to be a waiver of any such right or benefit nor operate so as to bar the exercise or enforcement thereof or of any other right or benefit on any later occasion.
10.7 Subject to clause 5.5, CWS may change these Terms from time to time by notifying you of the revised Terms. You may not amend these Terms without the written, specific agreement of CWS.
10.8. These Terms do not create any rights for and are not enforceable by any third party.
10.9. These Terms are the exclusive statement of the agreement between you and CWS related to the subject matter of these Terms. They supersede all understandings and prior agreements, whether oral or written, between the parties.
10.10 These Terms shall be governed and construed in accordance with Seychelles law and the Parties irrevocably agree to the exclusive jurisdiction of the Seychelles courts, always provided that CWS may commence proceedings against you in any jurisdiction in which you are incorporated, resident or hold assets.
10.11. If any provision of these Terms is held by a court, arbitrator or any legally empowered governmental agency or authority to be invalid, void, or unenforceable, the remainder of these Terms shall nevertheless remain legal, valid, and enforceable.
Wireless Broadband
- Cable and Wireless (Seychelles) Limited (CWS) GENERAL TERMS AND CONDITIONS and INTERNET POLICY AND EMAIL TERMS & CONDITIONS apply in addition to these Terms and Conditions.
- In these Terms and Conditions the following meaning shall apply
- “The Equipment” shall mean the LTE Router for use with CWS Wireless Broadband service
- “Service” shall mean CWS Wireless Broadband service
- CWS reserves the right to amend these Terms and Conditions from time to time and may change the charges at any time. Any changes to monthly charges will be published and CWS will also give the Customer notice of the change(s) at least 30 days before the changes take effect and the Customer may cancel the service.
- CWS reserves the right to increase the monthly charge, replacement fees, Equipment price (including Outright Purchase, Lease option or offer for Free), any penalty or cancellation fee or any other fees and charges covered under these Terms and Conditions. The Customer shall be notified of such change at least 30 days before the changes take effect and the customer may cancel the service.
- If at any time the Equipment needs to be replaced, and Customer is on Lease option, the then applicable rental (for the device) shall be charged monthly to the Customer.
- CWS’ Wireless Broadband shall be available on packages offered for the service as will be listed on CWS’ website or promotional material.
- The optimum performance of the service will be delivered on CWS’ LTE network and subject to availability of LTE coverage within the specified location.
- The service is intended for use in a fixed location and should the Customer relocate, CWS cannot guarantee and be held liable for lack of network coverage, reliability and throughput outside CWS LTE coverage areas.
- CWS shall endeavour to ensure that LTE coverage is available where CWS stipulates. CWS cannot, however, guarantee optimum performance in areas outside CWS’ LTE network availability and as a result shall not be held responsible for Customers’ failure to access the Internet in areas that are not eligible for LTE.
- CWS’ Unlimited Wireless Broadband shall be available on packages offered for the Service as will be listed on CWS’ website or promotional material.
Unlimited Wireless Broadband Packages
- In these Terms and Conditions the following meaning shall apply:
a) Wireless Unlimited 899: Fair Usage Policy (FUP) shall be applicable on the Service at a maximum of 15GB of daily usage at 4G / LTE-A speed. Should the Customer reach this maximum, in line with FUP, the speed shall be reduced to 1Mbps until 00:00 hours after which the speed shall be reset to 4G / LTE-A speed.
b) Wireless Unlimited 1299: Fair Usage Policy (FUP) shall be applicable on the Service at a maximum of 20GB of daily usage at 4G / LTE-A speed. Should the Customer reach this maximum, in line with FUP, the speed shall be reduced to 1Mbps until 00:00 hours after which the speed shall be reset to 4G / LTE-A speed.
c) Wireless Unlimited 1599: Fair Usage Policy (FUP) shall be applicable on the Service at a maximum of 25GB of daily usage at 4G / LTE-A speed. Should the Customer reach this maximum, in line with FUP, the speed shall be reduced to 1Mbps until 00:00 hours after which the speed shall be reset to 4G / LTE-A speed.
5G Unlimited Wireless Broadband
- 5G Unlimited Wireless Broadband product is available as both prepaid and postpaid.
- The prepaid 5G Wireless Broadband Boosters are available through eTopUp, eShop, MyCare & Kisoks.
- Regular mobile recharges will fail for the prepaid 5G Wireless Broadband.
- Customers opting for Postpaid 5G Unlimited Wireless Broadband products may choose whether to rent or purchase the 5G router.
- Customers opting for Prepaid 5G Unlimited Wireless Broadband products have to purchase the 5G router.
- The 5G router shall work on both a 5G and 4G/LTE-A mobile network.
- Daily FUP is applicable for both prepaid and postpaid 5G Unlimited Wireless Broadband packages:
- 5G Wireless Unlimited 1055: Fair Usage Policy (FUP) shall be applicable on the Service at a maximum of 15GB of daily usage at 5G speed.
- Wireless Unlimited 1455: Fair Usage Policy (FUP) shall be applicable on the Service at a maximum of 20GB of daily usage at 5G speed.
- Wireless Unlimited 1755: Fair Usage Policy (FUP) shall be applicable on the Service at a maximum of 35GB of daily usage at 5G speed.
- Should the Customer reach the applicable maximum daily usage under their package, in line with FUP, the speed shall be reduced to 1Mbps until 00:00 hours after which the speed shall be reset to 5G speed.
Equipment for Wireless Broadband
- CWS will provide the Customer with a Wireless Broadband Router (Equipment) specifically for the service under a lease or upfront purchase option or for free as appropriate at the time of the offer. Where CWS leases or provides Equipment to the Customer for free it will remain CWS property at all times and CWS may need to alter or replace it from time to time and will need reasonable access to the Customer’s premises and/or the Equipment. The Customer is responsible for ensuring that the Equipment is safe and used properly at all times by accepting and adhering to the following conditions:
- Follow the manufacturer's instructions and any other instructions given by CWS;
- Keep the Equipment under the Customer’s control (for example; should not sell or hire to any other parties, put it up as security for a loan or mortgage, or allow it to be seized under any legal process against the Customer).
- Not tamper with, disassemble, misuse, neglect or damage the Equipment;
- Not remove, tamper with or cross out any words or labels on the Equipment;
- Take proper care at all times to prevent the loss or theft of the Equipment.
The Customer agrees to notify CWS immediately about any loss or damage to any part of CWS’ Equipment by contacting CWS customer services team on 4284000. The Customer agrees to be responsible for any loss of or damage to the Equipment, regardless of how it happens; therefore, the Customer will be liable to charges associated to damage and replacement of the equipment’. - Equipment Lease and Free Option
- Shall be subject to a monthly rental fee (in the case of Lease Option only, for Free Option there shall be zero monthly rental payable). Should the customer fail to issue any payments for the service (including monthly subscription charges and equipment rental fee where applicable) within a sixty (60) day period, and/or accumulate a debt that extends over two (2) months’ worth of invoices (be it partly or as a whole), the customer is required to return the equipment to CWS in good working condition within a period of seven (7) working days of being notified. If the Equipment is not returned within the aforementioned time, a penalty of SCR 595 (Five Hundred and Ninety-Five Seychelles Rupees) shall be enforced.
- If the Customer ceases or cancels the service the Customer shall be required to return the Equipment on the same day of ceasing or cancelling the service to a CWS customer service centre in good working condition. If the equipment is not returned in good working condition within the required timeframe, a penalty fee of SCR595 (Five Hundred and Ninety-Five Seychelles Rupees) shall be enforced.
- In case the Equipment is damaged (except for normal wear and tear) the Customer will be required to return the damaged device and pay a replacement fee of SCR 595 (Five Hundred and Ninety-Five Seychelles Rupees) in order to continue with the service.
- Equipment Outright Purchase Option shall be subject to a purchase fee that will be made known to the Customer in advance of the purchase and/or subscribing to the Service.
- The Equipment, will work only with SIMs assigned to it during provisioning of the service. The Equipment will not work with other SIMs other than that assigned by CWS. If the SIM is removed from the Equipment, the service will not be available.
- The SIM card being used in the Equipment is locked to the Equipment, hence will not be usable with other Mobile Smartphones, or other devices that accepts SIM cards including those from CWS or other device vendors. The Customer is liable for any issues arising from the use of the SIM card in any other device or equipment.
- The Customer will not be able to unlock the device at any time.
- CWS is not liable for any loss or damage to the Customer’s property or belongings arising out of the provision, installation or maintenance and use of the service.
- CWS shall not incur any liability whatsoever for any loss or damage as a result of any use, authorised or unauthorised, resulting from virus attacks, security vulnerabilities, or loss of information.
- CWS may at any time improve, modify, amend or alter the terms of this agreement and/or the services and their content if:
- there is any change or amendment to any law or regulation which applies to CWS or the services provided to the Customer;
- CWS decides that the services should be altered for reasons of quality of service or otherwise for the benefit of customers or, in CWS’ reasonable opinion, it is necessary to do so;
- for security, technical or operational reasons;
- in all other events, where CWS reasonably determine that any modification to the relevant system or change in trading, operating or business practices or policies is necessary to maintain or improve the services provided to the Customer.
- However, the Customer will have the right to cancel the affected services or end this agreement if the changes are significant.
Terms and Conditions – Unlimited Fixed Broadband
- Cable and Wireless (Seychelles) Limited (CWS) GENERAL TERMS AND CONDITIONS, INTERNET POLICY AND EMAIL TERMS & CONDITIONS, ACCEPTABLE USE POLICY apply in addition to these Terms and Conditions (full details on https://www.cwseychelles.com/terms-conditions).
- In these Terms and Conditions, the following meaning shall apply
- “Service” shall mean CWS Unlimited Fixed Broadband service (Unlimited 1049, Unlimited 1569, Unlimited 1749 and Unlimited 2099).
- CWS reserves the right to amend these Terms and Conditions from time to time and may change the charges at any time. Any changes to monthly charges will be published and CWS will also give the Customer notice of the change(s) at least 30 days before the changes take effect and the Customer may cancel the service.
- CWS’ Unlimited Fixed Broadband shall be available on packages offered for the Service as will be listed on CWS’ website or promotional material.
- In these Terms and Conditions, the following meaning shall apply:
- In order to protect its network to ensure that the services are functional within acceptable tolerances, CWS sees the need to implement an Anti-Abuse policy. The purpose of the policy is to ensure that all normal usage of the network services falls within the acceptable levels of reasonable usage.
- The Anti-Abuse Policy may be applicable to the Service as follows and may be subject to change from time to time:
- Unlimited 1049: Monthly Anti-Abusive Policy (AAP) of 2TB to be applied. If 2TB has been consumed during the month, the speed drops to 1 Mbps until end of the month where after that it resumes back to normal product speed.
- Unlimited 1569: Monthly Anti-Abusive Policy (AAP) of 3TB to be applied. If 3TB has been consumed during the month, the speed drops to 1 Mbps until end of the month where after that it resumes back to normal product speed.
- Unlimited 1749: Monthly Anti-Abusive Policy (AAP) of 3TB to be applied. If 3TB has been consumed during the month, the speed drops to 1 Mbps until end of the month where after that it resumes back to normal product speed.
- Unlimited 2099: Monthly Anti-Abusive Policy (AAP) of 4TB to be applied. If 4TB has been consumed during the month, the speed drops to 1 Mbps until end of the month where after that it resumes back to normal product speed.
Prepaid Roaming
Terms and conditions of use
- eTopUp and prepaid vouchers for top up must be purchased in the Seychelles.
- Prepaid Roaming rates, as shown at www.cwseychelles.com, are subject to change without prior notice. All taxes are included.
- Not all features will be available on all devices while Roaming.
- BlackBerry handsets will work for SMS & Voice but not for other BlackBerry services such as BIS, BES and BBM.
- International roaming rates apply to calls, messages and data when using your Cable Prepaid device in any roaming partner country outside of the Seychelles. Some services that are free of charge when used locally may incur charges when roaming internationally.
- International roaming will only be available for prepaid customers who register for the service prior to departure.
- Some devices may transmit and receive data without any customer action, which may result in unexpected roaming data charges when you travel internationally.
Prepaid Promotion
- These promotions are applicable only for CWS Prepaid mobile services.
- These promotions are not available for Postpaid mobile / Broadband / TV services.
- Any recharge amount of SCR50 up to SCR99 will receive the 1GB data booster.
- Any recharge amount of SCR100 and above will receive the 2GB data booster.
- The free data received is valid until midnight of the same day of the recharge.
- The promotion is valid for any recharge type, including Airtime & Booster purchases.
- The promotional offer is available on all CWS Platforms (all kiosks, eShop, all eTop-Up agents, MyCare, & all CWS Customer Service Centres) as well as MCB Juice App and eboo App.
- CWS reserves the right to begin and/or terminate the promotion at any time with reasonable communication to customers.
Plug & Play
SERVICE SPECIFIC TERMS AND CONDITIONS
The Plug & Play Internet Solution from Cable & Wireless (Seychelles) Limited provides access to the Internet and email via a portable USB modem. It is a reliable solution that delivers fast internet access using a portable USB modem whilst connected to the Cable & Wireless (Seychelles) Limited 3G+/EDGE network, hence allowing users to access internet and emails anywhere within our coverage areas.
This service requires a portable USB modem, a USIM.
It is available on both Post Paid and Pre Paid.
The Plug and Play Data Plan package you subscribe to will include a limited data bundle whilst in the Seychelles.
Upon purchasing a Pre Paid service, a Starter Pack will be provided, including a USIM, a 15mb pre-loaded credit and a Tariff Guide.
The contract for pay monthly Plug and Play Internet Solution Data Plan will apply to one USIM and one MSISDN.
These Cable & Wireless (Seychelles) Limited Service Specific Terms and Conditions should be read in conjunction with the Cable & Wireless (Seychelles) Limited General Terms and Conditions. Where there is conflict these Service Specific Terms and Conditions supersede the General Terms and Conditions.
1. Definition and Interpretation
The Cable & Wireless (Seychelles) Limited General Terms and Conditions include definitions. These definitions are in addition:
"3G+" HSDPA (High Speed Downlink Packet Access), a mobile broadband network standard that delivers faster download speeds, up to 14 Megabits/second.
"Acceptable Use Policy" means a policy by Cable & Wireless on the acceptable usage of the service.
"Agreement" means this contract including equipment terms and conditions and order form.
"Customer" individual or company located in Seychelles having subscribed for a service with Cable & Wireless
"EDGE" (Enhanced Data Rates for GSM Evolution). It is a system used by GSM to access the internet. It is consider the 2.5G technology.
"FUP" Fair Usage Policy (FUP) means a policy by Cable & Wireless restricting the abuse of usage of the service by a customer.
"Internet" means the global network that links millions of computers, using phone and cable links. This provides worldwide communications to homes, schools, businesses and governments. The WWW runs on the Internet.
"Plug & Play Internet Solution" refers to the solution that provides access to the Internet and email via a portable USB modem whilst using Cable & Wireless (Seychelles) Limited 3G+/EDGE network.
"Service" All priced offers provided to the Customer by Cable & Wireless under this present Agreement.
"Service Delivery Date" means the date on which We make Service ready for use.
"USB Modem" means the proprietary communication device manufactured by Cable & Wireless (Seychelles) Limited for the purposes of enabling You to access internet via a 3G+/EDGE network.
"USIM Card" means the Subscriber Identity Module containing data (including Your identity), which has been supplied to You by Cable & Wireless (Seychelles) Ltd.
2. Provision of Service
2.1 We will provide You with Plug and Play Internet Solution that You have asked for and provisioning Your USIM accordingly.
2.2 In order for Post Paid Customer to use the Plug and Play Internet Solution, You must have purchased a portable USB Modem Device, signed the Mobile Service application form and thereby agreed to pay the monthly subscription charge and any associated usage charges.
2.3 The Plug and Play Internet Solution is currently available on our 3G+/EDGE network throughout the Seychelles and also elsewhere where We have signed a data roaming agreement with a mobile operator.
2.4 For Post Paid, the Monthly Subscription charge includes data usage within the Seychelles only.
2.5 Access to the Plug and Play Internet Solution outside of the Seychelles is subject to the availability of data roaming agreements with other networks and You shall indemnify Us for any loss or damage suffered by Us in the event that You use the Plug and Play Internet Solution in breach of this provision. The availability of data roaming is constantly expanding and an up to date list of countries where data roaming is available can be obtained at Our Customer Service Centre offices on Mahe, Praslin and La Digue.
3. Use of Service
3.1 The monthly subscription charge allows use of Plug and Play Internet Solution data access within the Seychelles.
3.2 Additional charges will be incurred for usage above the monthly Data bundle you have subscribed to, and for accessing the data network when roaming. These additional charges will be added to Your monthly service bill as per clause 3.5 below.
3.3 Plug & Play Internet USB device is compatible with most current Operating System. The full list is available in the Plug and Play User Guide. It is nevertheless the responsibility of the Customer to ensure compatibility.
3.4 Maximum speeds of 7.2Mbps (dependent on device and coverage conditions) are available in selected areas of the Seychelles within Cable & Wireless HSDPA mobile network. Service limitations and terms apply.
3.5 For Post Paid Customers, when subscribed to a monthly data plan, once you've used up your allowance in any charging period you'll be charged at our standard data rate. This does not apply if you purchase data boosters once the monthly allowance has been used up.
3.6 In the event that the Customer exceeds any applicable monthly Usage Allowance the additional usage above the Usage Allowance will be charged by the Cable & Wireless.
3.7 The Service is a best effort service and thus the definition of speed as "up to" and no guarantees are provided on throughput. The service is an access medium to the Internet or to other content source. As such, the Service will not overcome any bandwidth related constraints within the World Wide Web.
3.8 Cable & Wireless cannot and does not guarantee the bandwidth throughput achieved on the Internet utilizing the Plug & Play Internet Service.
3.9 Fair Usage Policy (FUP) will be implemented by Cable & Wireless for Plug & Play Internet Customers to ensure reliable and quality service on the terms below:
3.9.1 Cable & Wireless reserves the right to determine what is deemed to be abuse of usage of service based on existing customers average usage, market conditions, international availability and quality of internet connectivity and this will change from time to time.
3.9.2 A customer will be deemed to be in breach of the FUP in the event the customer downloads and/or uploads such amount of data that Cable & Wireless considers to be significant.
3.9.3 In the event the FUP is deemed to be breached, Cable & Wireless reserves the right to reduce the speed of the service and/or reduce the quality of service and/or terminate the service.
3.10 You can monitor your data usage by login onto www.mycare.sc This will give out a reading of your remaining data allowance.
3.11 Inclusive allowances for Post Paid data plan and Pre Paid data boosters can be used in the Seychelles only.
3.12 Pre Paid data booster is valid for 30 (thirty) days from date purchased.
3.13 Post Paid data plan allowance and data booster is valid until the last day of each month.
3.14 You cannot roll over any unused allowances into the next charging period.
3.15 Cable & Wireless reserves the right to implement Credit Control mechanisms to ensure Customers do not run the risk of generating excessive bills due to high data usage.
4. Term of Service
4.1 The minimum term of service for the Plug and Play Internet Solution on Post Paid is either twelve months or twenty-four months depending on the package you subscribe to.
4.2 We have the right to suspend the Plug and Play Internet Solution for the purposes of maintenance, repair, upgrading or security. We will endeavor to give You as much notice as possible of any such planned suspension by way of a general notice.
4.3. We undertake to supply the version of the Plug and Play Internet Solution to You to which You subscribe on the application form from the Service Delivery Date.
4.4 Cable & Wireless shall not accept liability for radio wave and electromagnetic interferences caused due to fluctuating propagation and interferences.
4.5 Cable & Wireless reserves the right to implement technical mechanisms, which prevents usage patterns in violation of the Acceptable Use Policy (AUP) for the service. Cable & Wireless further reserves the rights to take such action as may be necessary to protect the integrity of the system, including, but not limited to, system monitoring, as well as protocol management and shutting down of ports affected by viruses, worms or other malicious code.
4.6 A customer will be deemed to be in breach of the Acceptable Use Policy (AUP) if:
4.6.1 the customer downloads or uploads an excessive amount of data, excessive meaning considerably more than the average customer would do for the same service.
4.6.2 the customer uses the service for commercial purposes (if a residential customer)
4.6.3 if the customer uses the Service for illegal activities
4.6.4 if the customer uses the Service for the purposes of spam or illegal email activities.
4.6.5 if the customer uses peer-to-peer applications that infringe international copyright laws.
4.6.6 if the customer downloads illegal content or infringes international copyright laws.
4.6.7 if the customer downloads inappropriate or sensitive content or material that may bring the Cable & Wireless into disrepute.
4.6.8 if the customer uses the Service to disrupt, annoy, attack or in some way offend a third party user.
4.6.9 if a complaint is brought against the customer by a third party for abuse of the service and the complaint is confirmed to be factual by Cable & Wireless.
4.7 The Customer acknowledges and agrees that the Service(s) is/are intended for its own use only and shall not resell the Service as in whole or in part. Cable & Wireless reserves the right to suspend or cancel any or all of the Service(s) if it reasonably believes the Customer or anyone the Customer permits to use the Service(s) is not complying with this obligation.
4.8 Nothing contained in these terms and conditions shall be construed to limit Cable & Wireless's rights or remedies in any way with respect to any of the foregoing activities, and Cable & Wireless reserves the right to take any actions that it may deem appropriate with respect to such activities, including without limitation, investigating suspected violations of these terms and conditions, taking action to recover the costs and expenses of identifying offenders and terminating their access to and use of the Service, and levying cancellation charges to cover Cable & Wireless's costs in the event of termination of access to the Service. In addition, Cable & Wireless reserves all available rights and remedies with respect to such activities at law or in equity.
4.9 This Agreement commences once the service is activated, and continues for a Minimum Period of 1 (one) or 2 (two) years depending on the Customer's chosen contract period for the Plug & Play Internet Service Post Paid accounts and shall be automatically renewed for further periods of 1 (one) year each unless terminated by Cable & Wireless under this clause or by the Customer upon giving 1 (one) month notice.
4.10 Cable & Wireless reserves the right to terminate this Agreement at its discretion without notice at any time without incurring any liability to the Customer if:
(i) the Customer breaches any material term of the Agreement including but not limited to non-payment of any outstanding charges;
(ii) the Customer or any person using the Customer's account misuses or abuses the Service(s) in any way;
(iii) bankruptcy or other insolvency proceedings are brought against the Customer, if the Customer is unable to pay dues owed to Cable & Wireless as required under this Agreement.
(iv) the Customer is no longer lawfully able to receive the Service(s);
(v) the Company receives a complaint from a third party that reasonably appears to be justified regarding the Customer's mis-use or abuse of the Service(s); or
(vi) Cable & Wireless is required to do so in order to comply with any law, order or direction given by a competent regulatory authority.
4.11 The Customer may without penalty cancel the agreement at the expiry of the first year or at any later date, but only on giving one month notice in writing.
4.12 In the case of premature cancellation, all outstanding payments shall become immediately due and payable.
4.13 In respect of the service covered by this agreement, this agreement supersedes all previous agreements between the parties save that the Customer shall continue to be liable for any outstanding obligations owed to Cable & Wireless.
5. Charges
5.1 Roaming charges will be incurred by You if you use the Plug and Play Internet Service outside of the Seychelles.
5.2 Further details of charges can be obtained from our Customer Service Centre.
6. Payment
6.1 For Post Paid subscription, the Plug and Play Internet Solution will start on the Service Delivery Date, unless We notify You of a later date for the start of the Plug and Play Internet Solution from when the subscription will be payable.
6.2 The Post Paid subscription charge is normally payable in advance on a monthly basis. You must pay the subscription in accordance with Our billing cycle.
7. Illegal Use
7.1 You acknowledge that We are unable to exercise control over the content of data accessed, transmitted or published by You when using the Plug and Play Internet Solution.
7.2 You undertake to use the Plug and Play Internet Solution only for lawful purposes and undertake not to access, transmit, publish, display, advertise or make available material which:
infringes copyright or any other intellectual property right held in any country;
is obscene or pornographic;
contains threats of any kind;
is defamatory in any way;
breaches confidence;
the access to or transmission or publication of which is illegal, relates in any way to any illegal activity, nuclear or missile proliferation activity or the design of chemical or biological weapons or infringes any third party's legal rights of whatever nature under the laws of any jurisdiction for any reason; or
contravenes Our internet Terms and Conditions and /or Acceptable Use Policy
7.3 Cable & Wireless reserves the right to restrict or block access to this service if in its reasonable opinion the service is being used for illegal purposes.
8. Cable & Wireless reserves the following rights:
8.1 Suspension of service
Cable & Wireless may without notice suspend service to the Customer in any of the following circumstances:
(i) If a Customer's Pre Paid account is inactive or not in use for a period for more than 90 (ninety) days.
(ii) If the customer's application contains false information
(iii)In case of breach of the Fair Usage Policy (FUP) or Acceptable Use Policy (AUP) as detailed in Clause 3.9 and 4.5 above
(iv) To carry out maintenance
(v) Using unauthorized, illegal or improper means to recharge the prepaid Service account
8.2 Disconnection of Service
Cable & Wireless may disconnect the service in any of the following circumstances:
(i) If any of the events listed in 8.1 above are not rectified within a period from the suspension of service that will be communicated to the Customer
(ii) If the Customer fails to recharge its account within 90 (ninety) days of the expiry date
9. Termination
9.1 This agreement may be terminated by any of the following events:
9.1.1 1 (one) month notice given to You by Us;
9.1.2 1 (one) month notice given to Us by You;
9.1.3 immediately by Us upon breach of any of the terms and conditions contained in this Agreement (including without limitation if You use the Plug and Play Internet Solution in a way that is illegal or falls within any of the restrictions set out in clause 7.2 above) by You or failure by You to pay any charge due to Us;
9.1.4 by You for unavailability of Services under paragraph 11 of these terms and conditions.
9.2. Termination of this Agreement and Service is always subject to the payment by You of the charge for the provision of the Service for the minimum period of service as set out in clause 4.1 above and any outstanding charges as per the specific cancellation of service conditions as specified on the Mobile Service Application Form.
9.3. Any charges paid in advance for any period of time after termination takes effect will be refunded except in the case of termination under paragraph 9.1.3. above and subject to paragraph 9.2. You undertake to pay any subscription charge or other charge incurred up to the date of termination. Your notice does not avoid any other liability for any Service already provided.
9.4. Cable & Wireless may change any aspect of the Service(s) and/or the terms of this Agreement at any time for any valid reason which it shall notify to the Customer by giving the Customer 30 (thirty) days' notice in advance of any such change taking place.
9.5 The Customer will be deemed to have accepted any change to this Agreement or the Service(s) if the Customer continues to use the Service(s) after the relevant period of notice has expired or fails to give notice that it wishes to terminate the Agreement before the relevant period of notice has expired.
10. Security
10.1 Your USB modem and SIM Card are supplied with a PIN Code access number. You are advised to keep this information secure to avoid unauthorized access to Your Plug and Play Internet Solution. You are responsible for the security and proper use of Your Plug and Play Internet Solution.
10.2 We make every effort to ensure the security of Your communications. You are however advised that for reasons beyond Our control, there is a risk that Your communications may be unlawfully intercepted or accessed by someone other than the intended recipient. Although Your communications over the air interface with Our systems are secure and encrypted, We have no control over the security of third party networks. Please note that the Internet is not a secure environment; unwanted programs or material may be downloaded without Your knowledge. These programs may perform actions that You have not authorized and possibly without Your knowledge. You are responsible for protecting Your equipment and data against these types of programs, which come mainly in the form of viruses - Trojans and worms - and spyware.
11. Liability
11.1 We are not responsible for the content of any material made available and/or accessible by use of the Plug and Play Internet Solution.
11.2 If any information provided by You to Us is untrue, inaccurate, not current or incomplete, We have the right to terminate Your Plug and Play Internet Solution and refuse any and all current or future use of the Plug and Play Internet Solution.
11.3 We are not liable in any way for any activities You perform, in particular but not limited to any acts, which under the laws of any jurisdiction infringe any third party's intellectual property rights (including the use of any Domain Name), infringe obscenity laws, constitute threats, are in any way defamatory or are illegal in any other way.
11.4 You agree to indemnify Us and hold Us blameless in relation to any claim brought by third parties located in any jurisdictions (whether governments, corporate bodies or private individuals) alleging any use of the Plug and Play Internet Solution by You constituting any unlawful act or in the event that You use the Plug and Play Internet Solution in any way that breaches these Cable & Wireless (Seychelles) Limited Service Specific Terms and Conditions. You shall immediately notify Us in writing of any such claims of which You become aware and We may elect to defend such claims. You agree to offer Us all reasonable assistance in defending such claims at Your sole expense. You agree to pay all costs, damages awards and professional fees of any kind incurred in relation to any claims made against You or against Us relating to Your use of the Plug and Play Internet Solution.
11.5 We do not undertake to provide any other services other than the 3G+/EDGE Network used to provide the Plug and Play Internet Solution to You and do not accept any responsibility for any computer, information technology network or for the proprietary software and device which are used by You to access the Plug and Play Internet Solution. The proprietary software used and the portable USB Modem Device are covered by separate terms and conditions specified by Cable & Wireless (Seychelles) Limited and referred to in clause 13.2 below. We will use reasonable endeavors to maintain the quality of the Plug and Play Internet Solution and to ensure the 3G+/EDGE network is available at all times but make no warranties regarding availability or quality of the same and are not liable for any loss of any nature suffered by You or any third party as a result of any event outside of Our control and in any event We are not liable for any loss suffered by You or any third party as a result of any interruption to the Plug and Play Internet Solution lasting less than 3 (three) days. You acknowledge that We are not responsible for maintaining any insurance cover of any nature to cover loss by anyone other than Ourselves.
11.6 You acknowledge that We are not able to evaluate any potential loss to You and that Our liability to You, whether for breach of contract, negligence or otherwise, in respect of any defect in or discontinuance of the Plug and Play Internet Solution is limited to the subscription fee payable by You for the minimum period of service set out in clause 4.1 above. Further, We are not liable to You for any special or consequential damage which You may suffer as a result of any loss of business, contracts, profits, savings or otherwise. In particular, We cannot be held responsible by You for the non-delivery or non-receipt of an email or other message on the Plug and Play Internet Solution.
11.7 We are not responsible for maintaining any site or address on the Internet other than Our own site and address and We do not warrant or represent the continued availability of any other site or address. You are responsible for obtaining any insurance, which You may require for any potential loss which You may suffer through the unavailability of the Plug and Play Internet Solution. You acknowledge that by entering into any contract or other obligation with any third party through the Plug and Play Internet Solution, We will neither become a party to such arrangements nor assume any liability there under.
11.8 We reserve the right to disclose Your name, ID Number, telephone and/or facsimile number and/or email address to any relevant authority in accordance with the law following any formal complaint or enquiry in relation to the use of the Plug and Play Internet Solution service, in accordance with our established and approved legal procedures.
11.9 In the event that it becomes impossible for Cable & Wireless to offer Service, both parties will be released from their obligations under these Terms & Conditions and Cable & Wireless shall have no liability to the Customer.
11.10 The Customer hereby acknowledges that Cable & Wireless cannot be held responsible for any loss incurred by the Customer because of faults and/or failures within a third party carrier's network infrastructure.
11.11 The Plug & Play Internet Service is used at the Customer's own risk and Cable & Wireless takes no responsibility for any data downloaded and/or the content stored on the Customer's computer.
11.12 Cable & Wireless will use its best endeavors to make the Plug & Play Internet Service available to the Customer 24 hours a day, 7 days a week. The Customer acknowledges that Cable & Wireless cannot guarantee uninterrupted service, the speed, performance or quality of Service. The Customer further acknowledges that the Service is not fault free and there may be interruptions and/or access problems from time to time as a result of maintenance, upgrades, emergency or problems caused by third party service providers of which Cable & Wireless has no control and therefore can accept no liability from problems that may arise from the Service.
11.13 The Customer acknowledges that although the Plug & Play Internet Service is accessible within our GSM (2G) only coverage areas, Cable and Wireless cannot guarantee same standard of service as in the HSDPA (3G) coverage areas.
11.14 Cable & Wireless will not be liable to the Customer for any failure to perform an obligation or provide the Service(s) to the Customer because of any factor beyond its control including but not limited to acts of God, industrial action, default or failure of a third party (including unavailability of third party telecommunications and/or contents services), war, civil action, governmental action or by any act or decision made by a court of competent jurisdiction.
11.15 The Customer accepts that as provision of certain parts of the Service(s) is dependent upon third party service providers, there may be technical limitations that inhibit the activation or provision of the Service(s). Whilst Cable & Wireless will use reasonable efforts to procure resolution of such faults, it cannot guarantee that all faults will be corrected.
11.16 Notwithstanding anything else to the contrary stated or implied herein, Cable & Wireless shall have no liability to the Customer whatsoever for any direct, incidental, consequential, punitive or special damages, including without limitation to, loss of profit, loss of revenue, or loss of business suffered by the Customer or any third party even if informed in advance of the possibility of such damages as a result of non-availability of the service under any circumstances.
12. Temporary Unavailability of Service
12.1 If the Plug and Play Internet Solution is unavailable due to circumstances beyond Our control for a continuous period of more than 30 (thirty) days You shall be entitled to immediately terminate the Agreement and the Plug and Play Internet Solution Service.
13. Intellectual Property Rights
13.1 The words or marks "Cable & Wireless (Seychelles) Limited" and "CWS" however represented, including stylised representations, all associated logos and symbols, and combinations of any of the foregoing with another word or mark, are the trademarks of Cable and Wireless (Seychelles) Limited or one of the Cable and Wireless Limited Group companies or third parties and all such rights are hereby expressly reserved.
13.2 When We supply You with the portable USB Modem Device, it will be supplied with all packaging, notices, disclaimers and licence agreements intact with1 (one) month manufacture warranty.
14 Disclaimer of Warranty
14.1 Cable & Wireless shall exercise no control whatsoever over the content of the information passing through its Internet backbone and expressly disclaims any liability for such content.
14.2 Cable & Wireless makes no warranties of any kind, whether express or implied, for the Service it is providing.
14.3 Cable & Wireless disclaims any warranty of merchantability or fitness for a particular purpose. Cable & Wireless will not be responsible for any damage suffered by the Customer as a result of use of the Service. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions. Use of any information obtained via the Service is at the Customer's own risk.
14.4 Cable & Wireless specifically denies any responsibility for the accuracy or quality of information obtained through its services.
15. General Terms and Conditions
You should refer to the Cable & Wireless (Seychelles) Limited General Terms and Conditions for additional clauses under each of the above headings and for the following as appropriate:
Special Provision of Service | Fault Repair | Relocation and Reconfiguration |
Matters Beyond Reasonable Control | Default | Use of Information |
Suspension | Duration and Entire Agreement | Severability |
Information and Permissions | Complaints and Arbitration | Waiver |
Copyright | Notice | |
16. To Contact Us
If you wish to contact us about any aspect of the Plug and Play Internet Solution please visit any Cable & Wireless Customer Services Centre on Mahe, Praslin or La Digue or call our 24hr Helpline on 100.
Postpaid Mobile
SERVICE SPECIFIC TERMS & CONDITIONS
The Cable and Wireless (Seychelles) Limited (CWS) Post-paid service provides a GSM mobile service based on monthly payments. There is a monthly subscription charge paid in advance with usage charges paid monthly in arrears.
CWS offers various tariff options, details of which are available from http://www.cwseychelles.com or can be obtained from one of CWS Customer Services Centres. The Service enables You to make voice calls, send text and picture messages and use the Internet, when You are in the coverage area of CWS's network in Seychelles and whilst You are overseas with the roaming feature activated.
SECTION 1 - Service Specific Terms and Conditions
These Service Specific Terms and Conditions should be read in conjunction with the General Terms and Conditions. Where there is conflict these Service Specific Terms and Conditions supersede the General Terms and Conditions.
1. DEFINITION AND INTERPRETATION
The CWS Service Specific Terms and Conditions include definitions. These definitions are in addition:
"Acceptable Use Policy" refers to a separate CWS document showing the rules and etiquette governing CWS customers in their use of the Service
"Booster" means an option to pay a Monthly charge in addition to the Monthly charge for the Post-paid service, which gives You additional Inclusive Texts, Inclusive Multimedia Messages, Inclusive Minutes, Inclusive Data, call discounts or any other additional feature described by CWS as a Booster according to the specific "Booster" You have chosen
"Content" means data, information, software, photographs, video, graphics, music, sound and any other material appearing on or available through the provision of the Service to You including, without limitation, news, travel, sport and share price information supplied by CWS or by other content providers from time to time and which is received by You through the use of the Service
"CWS" refers to Cable and Wireless (Seychelles) Ltd.
"Data Modem" means an external GPRS, EDGE or 3G Modem that, when used in conjunction with a laptop or desktop PC or similar device, enables access to the Internet over the mobile network
"Directory Enquiry Service" means any directory information service, which is operator assisted and involves the CWS operator looking up entries on a database
"EDGE" means Enhanced Data rates for Global Evolution. It is an enhancement to the GPRS network that provides data transmission up to 170 Kbps
"Expiry Date" means the date on which the 'Initial Term' expires
"GPRS" means the standard for wireless communications, which runs at speeds up to 115 kbps known as General Packet Radio Service
"GSM" means the digital mobile system known as Global System for Mobile Communications
"Inclusive Minutes" or "Inclusive Texts" or "Inclusive Multimedia Messages" or "Inclusive Data" means the free minutes for calls, free texts, multimedia messages or data included within the monthly subscription charge for certain Post-paid service options and can be used for calls, texts, multimedia messages or data (as applicable) made within Seychelles
"Initial Term" means the Contract Period from the Start Date for this Mobile Service Contract as defined in the Mobile Service Application form
"Internet" means the global information system consisting of a large number of interconnected computer networks that communicate though the use of TCP/IP network protocols; commonly referred to as the World Wide Web
"Laptop" means a portable personal computer or other access device that you may use to access the CWS Telecommunications Network.
"Mobile data service" means the service provided by CWS to You that provides You with the ability to receive and send data packets using a device which is able to attach to a GPRS or EDGE or 3G network.
"Mobile Device" means a handset or any other device which when used with a SIM Card allows You to connect to the CWS Network.
"Month" means the period between the production of one periodic bill and the production of the next periodic bill
"Multimedia Messaging Service" "MMS" means a descendant of SMS (Short Messaging Service) which extends text messaging to include longer text, graphics, photos, audio clips, video clips or any combination of such within certain size limits
"PIN" means the Personal Identity Number assigned to the SIM Card. When enabled, the PIN is required in order to connect to the CWS Network using Your SIM Card. When disabled You can use Your SIM Card without entering a PIN. The PIN is enabled by default
"Post-paid" means the CWS mobile service for which there is a monthly access charge, paid in advance with usage charges paid monthly in arrears.
"Service" means Telecommunication Service and/or any of the Supplementary Services offered by CWS
"Service Delivery Date" means the date on which the Service is ready for use and/or activated
"SIM Card" means the Subscriber Identity Module containing data (including Your identity), which has been supplied to You by CWS which enables you together with a Mobile Device or other equipment to access CWS Services
"Telephone Directory" means a telephone directory published from time to time
"Usage Limit" means the limit every month of Inclusive Minutes, Inclusive Texts, Inclusive Multimedia Messages or Inclusive Data that may apply to Your Service, including the limit that applies to any Booster to which You subscribe
2. DURATION OF AGREEMENT
This agreement shall be in force from the Service Delivery Date and shall remain in force unless terminated in accordance with section 9 of this Agreement.
3. YOUR RESPONSIBILITY
You shall throughout the duration of the Agreement: -
3.1. Have a valid contract for each SIM Card issued under the provisions of the regulations that may be in force from time to time thereof.
3.2. Promptly pay all amounts due to CWS in accordance with CWS payment policy notwithstanding that You may not have received the official bill for payment at the appropriate time for one reason or another.
3.3. Promptly report to CWS on the discovery of any event of fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts/events in respect of the SIM Card and mobile equipment.
3.4. Not to carry out such adjustments, modifications or attachments to any SIM Card and/or its associated and/or related software used in connection with the Service.
3.5. Be responsible for the safety and confidentiality of the PIN to Your SIM Card and CWS shall not be liable for any loss or damage that may be caused as a result of unauthorised usage of the SIM Card.
4. PROVISION OF SERVICE
4.1. If You want CWS to provide Your name, address and Service Number for publication in a Telephone Directory and make the Service Number available to the CWS Directory Enquiry Service You should appropriately indicate this on Your Service application form.
4.2. You must provide true, accurate, current and complete information when registering and notify CWS immediately of any changes or mistakes in such information.
4.3. You must have a suitable Data Modem or other properly equipped Mobile Device in order to access certain Services. Not all Data Modems or Mobile Devices are suitable for use on the network.
4.4. You must have a compatible Laptop or similar compatible device in order to access certain Services. Not all Laptops or similar devices can support access to the GPRS/EDGE Service.
4.5. CWS will not accept any responsibility for failure to provide You with the Service if Your Mobile Device is not compatible with the CWS network, or any technology required for a specific service, regardless of whether that Mobile Device was purchased directly from CWS or from any other Mobile Device supplier.
4.6. CWS can provide You with details of the technical requirements and specifications that Your Mobile Device will need in order for You to be able to use it with the Services.
4.7. Access to the Mobile Service outside Seychelles is only available where CWS has put in place appropriate roaming agreements with other telecommunications service providers. The locations in which You can use the Service can be obtained from CWS Customer Services Centres. Additional charges will be incurred and added to Your monthly bill when using the Services outside Seychelles. CWS does not control or set all the additional applicable charges when roaming.
4.8. CWS has no control of the content or appearance of any Internet site that You may choose to access using the data Services. You are free to access these sites but CWS accepts no responsibility for their content or quality of service.
5. 5G Unlimited Mobile Packages
5.1 5G Unlimited 995: Fair Usage Policy (FUP) shall be applicable on the Service at a maximum of 5GB of daily usage at 5G speed. Should the Customer reach this maximum, in line with FUP, the speed shall be reduced to 1Mbps until 00:00 hours after which the speed shall be reset to 5G speed.
5.2 5G Unlimited 1295: Fair Usage Policy (FUP) shall be applicable on the Service at a maximum of 10GB of daily usage at 5G speed. Should the Customer reach this maximum, in line with FUP, the speed shall be reduced to 1Mbps until 00:00 hours after which the speed shall be reset to 5G speed.
5.3 5G Unlimited 1595: Fair Usage Policy (FUP) shall be applicable on the Service at a maximum of 15GB of daily usage at 5G speed. Should the Customer reach this maximum, in line with FUP, the speed shall be reduced to 1Mbps until 00:00 hours after which the speed shall be reset to 5G speed.
5.4 Customers will still benefit from unlimited data even when out of the 5G network coverage areas.
6. USE OF SERVICE
6.1. You have no right to sell or transfer the Service Number.
6.2. The CWS Acceptable Use Policy applies to the use of the Service. The Acceptable Use Policy is available on the CWS website at www.cwseychelles.com
6.3. You acknowledge that Your monthly subscription may include Usage Limit. Any additional usage will be subject to charging at the applicable rate.
6.4. For mobile packages with undefined and unbounded free airtime a Fair Usage Policy (FUP) will be implemented by CWS to ensure the provision of a quality service and experience to customers. You will be deemed to be in breach of the FUP in the event Your usage exceeds 3000 minutes per month.
CWS reserves the right to review its FUP based on existing customers average usage, market conditions, international availability and quality of network connectivity and this may change from time to time.
6.5. CWS reserves the right to monitor usage at all times. In the event the FUP is deemed to be breached, CWS reserves the right to apply remedial actions and by way of example these shall include but not limited to CWS:-
6.5.1. asking You to reduce the usage on your account
6.5.2. asking You to move your account to a more appropriate price plan
6.5.3. reducing the quality of Your service
6.5.4. restricting Your service
6.5.5. terminating Your service
7. TERMS OF SERVICE
7.1. The minimum term of service for the Mobile Service Contract is dependent on the agreement you have signed as per the Service Application Form.
7.2. We undertake to supply the Mobile Service Package Offer to You, to which You subscribe in the Service Application Form from the Service Delivery Date.
8. CHARGES
8.1. You will be charged for the Service at the rates applicable to Your subscribed package.
8.2. Depending on the service you take, a connection charge may be applied when you sign-up for the Service.
8.3. Additional charges may be incurred by You if You exceed any applicable Usage Limit. If Your subscription includes Inclusive Minutes or Inclusive Texts or Inclusive Multimedia Messages or Inclusive Data, then any unused Inclusive Minutes or Inclusive Texts or Inclusive Multimedia Messages or Inclusive Data at the end of a Month will not be carried over to the next Month. Inclusive Minutes or Inclusive Texts or Inclusive Multimedia Messages or Inclusive Data that are included in Your Post-paid Service option will be added to Your account at the start of each Month.
8.4. Additional Inclusive Minutes or Inclusive Text or Inclusive Multimedia Messages or inclusive Data obtained from boosters to which you subscribe during the month will not be carried over to the next Month.
8.5. Inclusive Minutes or Inclusive Texts or Inclusive Multimedia Messages or Inclusive Data that may be included as part of your subscription applies to usage on the CWS network within the Seychelles only and in accordance with the subscribed packages.
8.6. CWS reserves the right to vary any of the charges, including but not limited to subscription, usage and penalty charges, that apply to the provision of the Service at any time but will give You a minimum period of 21days notice of the same in accordance with the Variation clause in the CWS General Terms and Conditions, and such revised charge will be applied for the next billing period following the expiry of the 21 day period.
9. PAYMENT
9.1. Monthly subscription for the Service will start on the Service Delivery Date unless:
9.1.1. CWS notifies You of a later date for the start of Service when monthly subscription will be payable from; or
9.1.2. You use the Service before the Service Delivery Date, in which case the monthly subscription will be payable from the date You first use the Service.
9.2. Monthly subscription is normally payable in advance, unless otherwise specified and Agreed by CWS. You must pay rental in accordance with the CWS billing Cycle. Rental will be apportioned on a daily basis for incomplete billing periods.
9.3. Usage charges will be calculated, except where CWS otherwise determines, using the details recorded at the CWS telephone exchange.
9.4. The call duration shall be the duration of the establishment of the means of communication.
9.5. Payment of additional charges that You may incur whilst using the Internet including the purchase of certain goods or other Services are not included in the monthly rental unless otherwise explicitly stated.
9.6. Payment of the Monthly charge for any Booster You opt to take will be in accordance with clauses 9.1 and 9.2
9.7. The monthly bill for the Mobile data service will be sent to You using the billing address provided to CWS by You.
9.8. CWS reserves the right to take any action it considers necessary for the recovery of unpaid fees and/or charges and all collection costs and expenses will become Your liability.
10. TERMINATION
10.1. CWS may terminate this Agreement by giving You at least one month notice. If CWS gives You notice then You must pay rental and any other applicable charges up to the expiry of the notice period. C&WS will credit or refund the appropriate proportion of any rental paid in advance for the period after Your liability for rental ceases (with the exception of any payment for a Booster for which no refund will be given).
10.2. If You have been suspended from service due to non-payment of accounts CWS reserves the right to automatically terminate the Service, without further notification, after one month should payment still be outstanding and to take such action to recover monies due in accordance with clause 8.8.
10.3. You may terminate this Agreement on the expiry date by giving notice to CWS at least one month before the expiry date of the Initial Term of Service. If You terminate this Agreement during the Initial Term of Service You shall be liable to pay any outstanding charges at the applicable rate. Outstanding rental charges shall not be payable if the Service is replaced with another Service that CWS deems to be comparable
10.4. Termination of Service either by you or by CWS does not relieve you from any liability and/or responsibility under these terms and conditions up to the effective date of termination and/or deactivation of Service.
10.5. You shall be liable to pay an administration charge, plus any discounts and/or promotional subscription based benefits that may have been applied to the Service if this contract is terminated within the initial term.
11. MOBILE PHONE
11.1. If you are provided with a Mobile Device with this contract then:
11.1.1. Your Mobile Device provided with this contract will operate ONLY with a CWS SIM Card as it will be Locked to the CWS network and/or SIM for the duration of this Agreement;
11.1.2. You shall promptly settle monthly bills in compliance with the CWS monthly invoices, exercise reasonable care of the Mobile Device and shall not transfer the Mobile Device without prior written consent of CWS;.
11.1.3. You shall not carry out or allow any third party to carry out any amendments to the Mobile Device equipment and/or related software with the aim of unlocking the Mobile Device from the CWS network and/or SIM Card during the Initial Term;
11.1.4. CWS will not be responsible for lost stolen or damaged Mobile Device. In the event of theft or damage You will be still liable to serve the Initial term of this Agreement;
11.1.5. Your Mobile Device will be covered under a warranty as stated on the warranty card issued upon the signature of the Mobile Service Application Form.
12. RESTRICTIONS ON USE
12.1. CWS may from time to time give You instructions about the use of Service that CWS reasonably believes are in the interests of health, safety or quality of service to You or other customers and You will comply with all such reasonable instructions.
12.2. The Service may only be used in accordance with the Applicable Law and any instructions that may be notified to You.
12.3. The Service shall not be used:
12.3.1. for any communication that is deemed offensive or of an indecent, obscene or menacing character;
12.3.2. for the purpose of causing annoyance, inconvenience, grievance or needless anxiety to another person by sending messages that are known to be false or of a persistent nature; or
12.3.3. in breach of instructions CWS has given under paragraph 11.1 or in breach of the Acceptable Use Policy.
12.4. CWS may give You immediate notice and suspend provision of the Service:
12.4.1. if it is used in a manner that materially harms the integrity, security or interoperability of the Telecommunications Network;
12.4.2. is used with equipment that is not approved for connection to the Telecommunications Network;
12.4.3. under the direction of a competent authority, if it is used in a manner, or in relation to, the commission of offences against the laws of Seychelles; or
12.4.4. if it is used in a manner that breaches clause 11.3 above.
13. SECURITY
13.1. You acknowledge that You are responsible for ensuring that no unauthorised access to the Service is obtained using Your account and that You are liable for all such activities conducted through Your Service whether authorised or not.
13.2. It is possible to enable PIN protection on Your SIM Card in order to restrict unauthorised access. If a PIN has been enabled You, as the registered user of the Service, will:
13.2.1. keep Your PIN secure and not let it become public knowledge, and ensure that Your PIN is not stored anywhere on a Laptop, desktop PC or other computer equipment in plain text;
13.2.2. provide true, accurate, current and complete information when registering and notify CWS immediately of any changes or mistakes; and
13.2.3. if Your PIN becomes known to any unauthorised user You will inform CWS immediately and change Your PIN as soon as possible.
13.3. You are responsible for the security and use of any password or PIN numbers used with the Service. CWS will not be held liable for any loss that You may suffer as a result of Your failure to comply with this clause.
13.4. CWS makes every effort to ensure the security of Your communications. You are however advised that for reasons beyond CWS control, there is a risk that Your communications may be unlawfully intercepted or accessed by someone other than the intended recipient as CWS has no control over the security of third party networks. Please note when using the Internet, that the Internet is not a secure environment; unwanted programmes or material may be downloaded without Your knowledge. These programmes may perform actions that You have not authorized and possibly without Your knowledge. You are responsible for protecting Your equipment and data against these types of programmes.
14. LIABILITY
14.1. CWS is not responsible for the Content of any material made available and/or accessible by use of the Service.
14.2. CWS reserves the right to disclose any details regarding Your Service to the relevant authorities as specified under the laws of Seychelles.
14.3. If any information provided by You is untrue, inaccurate, not current or incomplete, CWS has the right to terminate Your Service and refuse any and all current or future use of the Service.
14.4. CWS does not undertake to provide any other services to You under these terms and conditions other than the provision of the Post-paid Services and does not accept any responsibility for any computer, telephone or other equipment used by You to access the Service. The provision of such services may be covered by other relevant terms and conditions.
14.5. CWS is not liable in any way for any activities of You in particular but not limited to any acts which under the laws of any jurisdiction infringe any third party's intellectual property rights (including the use of any Domain Name), infringe obscenity laws, constitute threats, are in any way defamatory or are illegal in any other way.
14.6. You agree to indemnify CWS and hold CWS blameless in relation to any claim brought by third parties (whether governments, corporate bodies or private individuals) alleging that any use of the Service by You is unlawful or infringes any rights held by such entities. You shall immediately notify CWS in writing of any such claims of which You become aware and CWS may elect to defend such claims. You agree to offer all reasonable assistance to CWS in defending such claims at Your sole expense.
14.7. You agree to pay all costs, damages, awards and professional fees of any kind incurred in relation to any claims made against You or against CWS relating to Your use of the Service.
14.8. CWS will use reasonable endeavours to maintain the quality of the Service and to ensure the Service is available at all times but makes no warranties regarding availability or quality of the same and are not liable for any loss of any nature suffered by You or any third party as a result of any event outside the control of CWS and in any event are not liable for any loss suffered by You or any third party as a result of any interruption to the Service. You acknowledge that CWS is not responsible for maintaining any insurance cover of any nature to cover loss by anyone other than itself.
14.9. CWS is not responsible for maintaining any site or address on the Internet other than CWS's own site and address and CWS does not warrant or represent the continued availability of any other site or address. You are responsible for obtaining any insurance, which You may require for any potential loss which You may suffer through the unavailability of the Service.
14.10. You acknowledge that by entering into any contract or other obligation with any third party through the Service, CWS will neither become a party to such arrangements nor assume any liability thereunder. You acknowledge that the use of the Internet is solely at Your own risk and subject to all applicable national and international laws and regulations. CWS has no responsibility for any information or other services obtained by You on the Internet.
14.11. CWS reserves the right to amend and delete and/or vary any of the provisions herein stated and the customer will be bound to observe, perform and comply with the provisions of this agreement herein and any amendments hereof. Such amendments, as and when made shall be conveyed to You by such means of written communication as deemed appropriate by CWS.
15. NOTICES
15.1. Any notice or account which may be given or rendered by CWS under this Agreement shall be deemed duly given or rendered if sent to your Mailing Address, Fax or Email as specified in the Mobile Service Application Form, or to your usual or last known address.
15.2. Should either Your address and/or contact details change You shall ensure that the same is communicated promptly to CWS.
16. INTELLECTUAL PROPERTY RIGHTS
16.1. All copyright and other intellectual property rights in any material (including text, photographs, videos, graphics, logos, music, sound and other material images) contained in the Service or the Internet access software that You use to access the Service is either owned by CWS or has been licensed to CWS by the rights owner(s) for use with the provision of the Service. You are only allowed to use the Service as set out in these Terms and Conditions.
16.2. The word or mark "Cable & Wireless" however represented, including stylized representations, all associated logos and symbols, and combinations of any of the foregoing with another word or mark, are the trade marks of Cable & Wireless or one of the Cable & Wireless Group companies or third parties. ALL RIGHTS RESERVED.
17. GENERAL TERMS AND CONDITIONS
17.1. You should refer to the CWS General Terms and Conditions for additional clauses under each of the above headings and for the following as appropriate:
Special Provision of Service | Fault Repair | Relocation and Reconfiguration |
Default | Cancellation | Suspension |
Information and Permissions | Copyright | Complaints and Arbitration |
Assignment | Law | Duration and Entire Agreement |
Indemnity | Severability | Matters Beyond Reasonable Control |
Notice | Use of Information | Deposits and Payments in Advance |
Variation | Waiver | |
Privilez
Privilez Terms & Conditions
1. Definitions
These PRIVILEZ Terms and Conditions shall be read in conjunction with the Cable Points Terms and Conditions associated with the Customer’s Service as well as any other Service specific Terms and Conditions.
In these terms and conditions, unless the context specifies otherwise:
1.1 “Cable Point (s)” is the unit currency of the program. PRIVILEZ members are awarded Cable Points for earned activities carried out by the PRIVILEZ member within the PRIVILEZ Network and PRIVILEZ Points shall be construed accordingly.
1.2 “Cable Points Rewards Catalog” means the periodical rewards catalog issued (in print and online) and maintained by CABLE & WIRELESS Seychelles (“CWS”), containing the rewards currently available and the number of Cable Points required for them.
1.3 “PRIVILEZ Card” means a card issued to a PRIVILEZ Member by CWS where a unique membership number is given to every PRIVILEZ member belonging to the PRIVILEZ multi partner loyalty program (“Program”).
1.4 “PRIVILEZ Member(s)” means a customer, who is enrolled as a member of PRIVILEZ holding a valid PRIVILEZ card/membership number. Membership to the program is governed by these rules set by CWS for this program which are subject to change.
1.5 “PRIVILEZ Membership Account/ PRIVILEZ Membership” means the account where the PRIVILEZ Member’s Cable Points will be accumulated.
1.6 “PRIVILEZ Network” means all the PRIVILEZ Partners and PRIVILEZ for the time being taken as a whole.
1.7 “PRIVILEZ Partner“ means any or all of the present or future entities, partners, shops, airlines, hotels, restaurants, car rental companies and other participating establishments in the program whether with online or offline presence in agreement with CWS, where members can redeem PRIVILEZ points for purchase of goods and services.
1.8 “PRIVILEZ Rewards” means the rewards as provided by the PRIVILEZ Partner or in the Cable Points Rewards Catalog as communicated by CWS from time to time.
1.9 "Redemption" means any activity, which results in exchange of Cable Points by a PRIVILEZ Member for PRIVILEZ Rewards.
2. General Conditions
2.1 The PRIVILEZ Member agrees that by using the PRIVILEZ Card at any PRIVILEZ Partner online or offline, he/she is deemed to have read and understood the terms and conditions of the Program and confirms that he/she is bound by these terms and conditions and any changes to it from time to time and such other terms as specified by CWS from time to time.
2.2 Membership into the Program is voluntary, open to all natural persons above the age of 18 with residence in Seychelles and holder of Seychelles ID card.
2.3 The PRIVILEZ Member hereby agrees that these terms and conditions are subject to reasonable variation by CWS at any time of which notice will be given to the customer 30 (thirty) days in advance of any such change taking place. The notice shall be posted on www.cwseychelles.com.
2.4 The PRIVILEZ Member will be deemed to have accepted any change to the terms and conditions if the PRIVILEZ Member continues to use the PRIVILEZ Card after the relevant period of notice has expired or fails to give notice that it wishes to terminate the use of its PRIVILEZ Card before the relevant period of notice has expired.
2.5 PRIVILEZ membership is valid for lifetime of the PRIVILEZ member unless terminated in accordance with these terms and conditions.
2.6 PRIVILEZ membership Account is not a payment medium or payment instrument.
2.7 PRIVILEZ membership is non-transferable, except as specified in this terms and conditions. PRIVILEZ Points are non-negotiable, nonredeemable by cash and cannot be gifted, awarded or rewarded to any other person than the PRIVILEZ member himself.
2.8 PRIVILEZ members will be personally liable for any and all costs, taxes, charges, claims or liabilities of whatever nature arising from the provision or availability of benefits, facilities or arrangements provided or made available to a PRIVILEZ member, by PRIVILEZ partners, as a result of his/her membership in the Program.
2.9 The PRIVILEZ card at all times remains the property of CWS, which reserves the right at any time in its absolute discretion and without giving notice to such member to deactivate the PRIVILEZ membership. The PRIVILEZ member must return or destroy his/her PRIVILEZ card without delay whenever requested by CWS and in such circumstances cannot redeem the Cable Points, which will automatically expire.
2.10 CWS cannot guarantee that the services, benefits, facilities and arrangements as expressed or advertised by the PRIVILEZ partners will be available to the PRIVILEZ members. However, CWS will not be liable for any loss or damage, whether direct or indirect, arising from the provision or non-provision whether whole or part, of any such services, benefits, facilities or any other arrangements by the PRIVILEZ partners.
2.11 When a PRIVILEZ member seeks to use or obtain any of the services, benefits, facilities and arrangements as offered by the PRIVILEZ partner, the provisions of such services, benefits, facilities or arrangements will be subject to the respective terms and conditions of the PRIVILEZ partner, being the provider of the said benefits, facilities and arrangements.
2.12 CWS shall not be liable for any loss or damage, whether direct or indirect, resulting from termination or change of the Program or any of its facilities, benefits or arrangements which are made available to the PRIVILEZ members, including without limitation, PRIVILEZ partner's withdrawal or the withdrawal or limiting of any such services, benefits or facilities.
2.13 CWS shall not be liable for reimbursing the PRIVILEZ member its PRIVILEZ Points should CWS be deemed to be, insolvent, bankrupt or unable to pay its debts, makes or proposes an arrangement or composition with its creditors generally, enters into liquidation whether compulsorily or voluntarily or makes an application to a court of competent jurisdiction for protection from its creditors generally or a petition is presented or a resolution is passed by it for its winding up, a court of competent jurisdiction makes an order for its winding-up or dissolution, an administration order is made in relation to it or a receiver or administrative receiver is appointed over or a person legally appointed to do so takes possession of or sells any of its assets or notice of a meeting to carry out any of the foregoing is duly served.
2.14 The Program of PRIVILEZ may be modified at the sole discretion of CWS from time to time without intimation to the PRIVILEZ member.
2.15 CWS shall not be liable in the event it fails to fulfill any of its obligations under this terms and conditions due to flood, earthquake, storm, cyclone or any other acts of god of similar nature, war, strike, lockout, or governmental or judicial or quasi-judicial policies/intervention/direction /prohibition or change in law or for any other reasons beyond its control.
2.16 A waiver of any of the terms and conditions by CWS shall not be deemed to be a continuing waiver, but shall apply solely to the instances to which the waiver is directed.
2.17 A PRIVILEZ card shall be accepted only at locations identified in the list provided to the PRIVILEZ members at www.cwseychelles.com. CWS can at any time without intimation to the PRIVILEZ members add and / or delete PRIVILEZ partners from such list. The same shall be updated on www.cwseychelles.com
2.18 If there are any change in the contact details (mobile number/ email id/ address) of a PRIVILEZ member from what has been registered with PRIVILEZ, the member must update the respective contact details with CWS immediately at CWS customer services centers to avoid any misuse of PRIVILEZ/Cable Points. CWS shall not be liable for any loss of points or other relevant damages incurred by the member, if necessary details are not updated with CWS on time.
2.19 All Cable Point dispute complaints older than 30 Working Days from the date of the transaction will not be entertained. The PRIVILEZ Member must provide proof of transaction as required to register any PRIVILEZ/Cable Point dispute. The PRIVILEZ card at all times remains the property of CWS, which reserves the right at any time in its absolute discretion and without giving notice to such member to deactivate the PRIVILEZ membership. The PRIVILEZ member must return or destroy his/her PRIVILEZ card without delay whenever requested by CWS and in such circumstances cannot redeem the PRIVILEZ/Cable Points, which will automatically expire.
3. Enrolment in the Program
3.1 It is the PRIVILEZ members' responsibility to share the correct communication details with Cable and Wireless at the time of enrolling into the Program.
3.2 Prospective PRIVILEZ members can enroll into the Program at any CWS customer services centres on Mahe, Praslin and la Digue with their ID card. Prepaid Customers are only eligible for enrolment after 3 months of activation of the Customer’s Prepaid SIM card.
3.3 CWS shall reserve the right to offer the Program by invitation to any prospective PRIVILEZ members as it may deem fit. Membership to the Program is at the sole discretion of CWS and it may refuse membership to any applicant without assigning any reasons.
3.4 Each PRIVILEZ member can have a maximum of one PRIVILEZ card at any point in time, unless otherwise specified. If a PRIVILEZ member is found to have multiple memberships in the Program, CWS may choose to restrict any of the PRIVILEZ membership or request the member to register for onebill in order to get a single account
3.5 If a PRIVILEZ member holds more than one PRIVILEZ card, it is advisable that the PRIVILEZ member calls CWS customer service centers requesting an account aggregation or onebill.
4. Use of PRIVILEZ card and PRIVILEZ membership
4.1 By using his/her PRIVILEZ card and/or stating his/her PRIVILEZ number to CWS and/or any PRIVILEZ partners, a PRIVILEZ member grants his/her consent to CWS creating, storing, maintaining and updating the PRIVILEZ member’s data. Such data shall include membership data (like name, address, telephone number, mobile number, date of birth, etc. as provided by the PRIVILEZ member) and data concerning contacts with CWS (including without limitation, enquiry regarding membership) for the purpose of providing relevant information and customer services to the PRIVILEZ member in connection with the Program. All data relating to the PRIVILEZ members shall be protected and used by CWS in the manner indicated in CWS’ Privacy Policy.
4.2 The PRIVILEZ member is responsible for the safe keeping of his/her PRIVILEZ card. If any PRIVILEZ member loses his/her PRIVILEZ card or the PRIVILEZ card gets stolen, misplaced or damaged, the PRIVILEZ member must inform CWS by immediately visiting a CWS customer service center or calling CWS’ helpline number 100. Till such time the loss, theft, misplacement or damage has been reported to CWS, CWS shall not be liable for any losses incurred by misuse of such PRIVILEZ card. A new PRIVILEZ card will be issued to such PRIVILEZ member on request after blocking and cancellation of the old PRIVILEZ card and after due and proper verification by CWS. A replacement fee of 500 Cable Points will be charged upon replacement and should the customer not possess the sufficient amount of Cable Points the PRIVILEZ card will be withheld until the required Cable Points is accumulated. The fresh PRIVILEZ card shall indicate a fresh PRIVILEZ card number.
4.3 Defective PRIVILEZ cards may be replaced at CWS’ discretion at no cost to the PRIVILEZ member if reported within 30 days after being issued and upon return of the defective PRIVILEZ card.
5. Accrual of PRIVILEZ Points
5.1 PRIVILEZ members will also be awarded Cable Points for non-transactional activities which include goodwill points as well as bonus points. Bonus points would be communicated from time to time through by means of communication as decided by CWS.
5.2 Cable Points awarded may vary between different PRIVILEZ card holders depending on the grade. Details of all Cable Points will be communicated to the PRIVILEZ members through SMS, press or any other means of communication as decided from time to time.
5.3 PRIVILEZ partners may change any of the terms and conditions of their business at any time without notice to the PRIVILEZ member. CWS is not responsible for informing PRIVILEZ members of any such changes. CWS has no liability for the acts and omissions of the PRIVILEZ partners.
5.4 All PRIVILEZ members are required to obtain and preserve for a period of 45 working days appropriate documentation for all transactions done with PRIVILEZ partners that earn Cable Points. It is the PRIVILEZ member's responsibility to ensure that the Electronic Data Collection generated transaction slip is accurate.
5.5 CWS has no liability for the acts and omissions of the PRIVILEZ partners.
6. Termination of PRIVILEZ membership
6.1 A PRIVILEZ member may terminate his/her PRIVILEZ membership by contacting the CWS customer services centres. The PRIVILEZ member shall provide the required credentials vis-a-vis customer information already provided by the PRIVILEZ member.
6.2 Misuse of PRIVILEZ card or the membership benefits may result in termination of the membership or withdrawal of benefits at the sole discretion of CWS.
6.3 Disqualification of a PRIVILEZ member, arising out of his/her misconduct, fraud and misuse of PRIVILEZ card or acts in a manner inconsistent with any of CWS and PRIVILEZ partners’ terms and conditions, may result in immediate termination of PRIVILEZ membership and cancellation of all Cable Points and PRIVILEZ rewards. Any PRIVILEZ member so disqualified shall not be entitled to redeem his/her Cable Points after such disqualification.
6.4 Upon the death of a PRIVILEZ member, his/her PRIVILEZ membership account will be closed and all outstanding Cable Points will expire.
7. Miscellaneous
7.1 Settlement of disputes: terms and conditions, set herein, shall be governed by the laws of Seychelles only. All disputes arising under the terms and conditions shall be attempted to be resolved through negotiations. Only in case, such negotiations are unsuccessful, the member shall resort to legal recourse, which shall be subject to the exclusive jurisdiction of the competent courts in Seychelles only. All claims and disputes arising under the terms and conditions should be notified to CWS within 30 working days from the event date after which no PRIVILEZ member shall have any claim against CWS.
7.2 PRIVILEZ membership enrollment and eligibility, earning Cable Points, claiming PRIVILEZ/Cable Points rewards, availability of PRIVILEZ rewards and redemption are subject to the terms and conditions herein and are subject to any applicable laws and regulations.
7.3 CWS reserves the right to terminate the program, by giving 30 working days’ notice to all PRIVILEZ members.
7.4 Upon termination or withdrawal of the program, all PRIVILEZ members will be given 30 working days within which they may use the Cable Points in their PRIVILEZ membership account to request for Cable Points rewards, after which the Cable Points will be purged or cancelled.
7.5 CWS and PRIVILEZ partners shall not be liable to any PRIVILEZ member or his/her nominee or companion, for any indirect or consequential loss, damage or expense of any kind whatsoever, arising out of or in connection with PRIVILEZ, or the refusal to provide any benefits, whether such loss, damage or expense is caused by the negligence or otherwise, and whether CWS and/or any of its PRIVILEZ partners have any control over the circumstances giving rise to the claim or not.
7.6 Every PRIVILEZ member acknowledges, represents and warrants that he is the sole and exclusive owner of his PRIVILEZ card and the only authorized user of his PRIVILEZ. PRIVILEZ member also accepts the sole responsibility to keep his PRIVILEZ card & account details confidential. He/She is responsible for all the transactions and other activities in the account (like profile changes, address change).
8. Redemption Terms and Conditions
8.1 CWS is not responsible for changes to, or discontinuance of, any supplier or supplier product or service, or if any supplier withdraws from the program or for any effect on or devaluation of PRIVILEZ rewards caused by such change, discontinuance, or withdrawal. PRIVILEZ members may not rely upon the continued availability of any PRIVILEZ rewards or award level.
8.2 CWS does not accept liability for damage to persons or property whatsoever caused in relation to PRIVILEZ rewards redeemed by PRIVILEZ members in the program.
9. Warranty / Guarantee
9.1 All warranties and guarantees on the PRIVILEZ rewards are the sole responsibility of the suppliers providing the PRIVILEZ rewards. CWS shall not be liable or responsible for any defect or deficiency in the PRIVILEZ rewards, whatsoever. All guarantees and warranties on the PRIVILEZ rewards shall be transferred as is from the manufacturer or the supplier.
9.2 PRIVILEZ members must contact the respective supplier/ manufacturer in case of any defect or deficiency in the PRIVILEZ rewards. CWS will not be liable or responsible for the products and services offered through the PRIVILEZ partners and CWS gives no warranty with respect to quality of goods acquired or their suitability for any purpose.
10. Return / Exchange Policy.
10.1 PRIVILEZ members must contact the respective supplier/ manufacturer in case of any defect or deficiency in the PRIVILEZ rewards.
Privacy Policy
Mobile App Privacy Policy
Introduction
Cable and Wireless (Seychelles) Limited ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.
This policy applies only to information we collect in this App and in email, text, and other electronic communications sent through or in connection with this App.
This policy does not apply to information that We collect offline or on any other Company apps or websites, including websites you may access through this App; You provide to us or is collected by any third party.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you agree to this privacy policy. This policy may change from time to time. Your continued use of this App after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Information We Collect and How We Collect It
We collect information from and about users of our App Directly from you when you provide it to us, Automatically when you use the App.
Information You Provide to Us:
When you download, register with, or use this App, we may ask you provide information By which you may be personally identified, such as name, postal address, email address, telephone number or any other information the app collects that is defined as personal or personally identifiable information under an applicable law / any other identifier by which you may be contacted online or offline ("personal information"). That is about you but individually does not identify you. This information includes: Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App / subscribing to our service / posting material and requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us and when you report a problem with the App; Records and copies of your correspondence (including email addresses and phone numbers), if you contact us; Your responses to surveys that we might ask you to complete for research purposes; Details of transactions you carry out through the App and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the App; your search queries on the App. You may provide information to be published or displayed ("Posted") on public areas of websites you access through the App (collectively, "User Contributions"). Your User Contributions are Posted and transmitted to others at your own risk. Although please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Automatic Information Collection
When you download, access, and use the App, it may use technology to automatically collect: Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.
Device Information
We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
Stored Information and Files
The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information. If you do not want us to collect this information do not download the App or delete it from your device.
Third-Party Information Collection
When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include: Advertisers, ad networks, and ad servers; Analytics companies; your mobile device manufacturer; they may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to: Provide you with the App and its contents, and any other information, products or services that you request from us. Fulfill any other purpose for which you provide it. Give you notices about your account. Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. Notify you when App updates are available, and of changes to any products or services we offer or provide though it. The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to: Estimate our audience size and usage patterns. Store information about your preferences, allowing us to customize our App according to your individual interests, Speed up your searches, Recognize you when you use the App…
Disclosure of Your Information
We may disclose aggregated information about our users without restriction. In addition, we may disclose personal information that we collect or you provide: To our subsidiaries and affiliates. To contractors, service providers, and other third parties we use to support our business. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of CWS™ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by CWS about our App users is among the assets transferred. To fulfill the purpose for which you provide it. For any other purpose disclosed by us when you provide the information. With your consent. To comply with any court order, law, or legal process, including to respond to any government or regulatory request. To enforce our rights arising from any contracts entered into between you and us and for billing and collection.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of CWS, our customers or others.
Accessing and Correcting Your Personal Information
You can review and change your personal information by logging into the App and visiting your account profile page. If you delete your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other App users.
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
Changes to Our Privacy Policy
We may update our privacy policy from time to time. If we make material changes to how we treat our users' personal information, we will post the new privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have up-to-date active and deliverable contact details for you and for periodically visiting this privacy policy to check for any changes. .
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at: +2484284000
KredEx
KREDEX TERMS & CONDITIONS OF SERVICE
1. You must have a Prepaid Mobile account with Cable & Wireless Seychelles.
2. Your Main balance and Bonus balance must be equal to or below SR5
3. Your Prepaid number requesting the KredEx service must have been continuously active for more than 70 days.
4. You cannot request for KredEx if your account has a negative balance i.e. less than SR0 credit.
5. You will be able to borrow SR20 per KredEx request once you have met the required criteria.
6. A cooling off period of 72 hours will apply after each KredEx request. No KredEx request(s) can be made within the cooling off period.
7. Airtime credit of SR20 will be automatically deducted from your main balance after 24 hours of your KredEx request.
8. In addition, a service fee of SR2 will be charged for each KredEx request. This service fee is deducted when the credit borrowed is deducted from the Main Balance of your Prepaid account (see point 7). Therefore, a total amount of SR22 will be deducted from your main balance 24 hours after each KredEx request.
9. There is a possibility that your account will show a negative balance if you do not have enough credit in your account to pay back the KredEx you requested and received.
Note: You will not be able to make calls, SMS or use Data is your account is negative. In order to do so, simply top up with an amount to return your Main Balance to a positive value.
Standard Cable prepaid Terms & Conditions also apply.
Internet
INTERNET POLICY ADD EMAIL TERMS & CONDITIONS
This policy forms part of the Cable and Wireless (Seychelles) Limited Terms and Conditions and is legally binding.
1. You are responsible for ensuring acceptable use by everyone who uses your CWS Internet services (such as family members, friends, business colleagues, employees, visitors etc.). You can manage this by using appropriate software, passwords and/or internet settings if necessary. If you need advice, CWS can provide advice at a small extra charge.
2. You are responsible for ensuring that neither you nor anyone else uses your Internet services:
2.1. for any improper, unlawful, fraudulent, criminal or otherwise illegal activities;
2.2. in a manner which is offensive, abusive, indecent, defamatory, menacing, obscene or harassing or to cause annoyance or needless anxiety;
2.3. to send, knowingly receive, upload, download or use any material which is unlawful offensive, abusive, indecent, defamatory, menacing, obscene or harassing;
2.4. to breach any other third party rights such as, without limitation, intellectual property rights (including copyright), confidence, privacy or any other rights;
2.5. does not use the Service for transmission of chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process;
2.6. to knowingly or negligently transmit any electronic material (including viruses, worms, Trojans, backdoors or spyware) which shall cause or is likely to cause detriment or harm in any degree to computer systems owned by CWS or other internet user;
2.7. to knowingly or negligently permit or participate in any mail-bombing or denial of service attacks;
2.8. in breach of any specific restrictions on use notified to you from time to time;
2.9. in a manner which may cause harm to the reputation of CWS; or
2.10. to degrade the performance of the CWS networks or services.
3. CWS may without notice to you examine, monitor or record from time to time the use to which you put the services and the nature of the data/in formation that you are transmitting or receiving via the service where such examination, monitoring or recording is necessary:
3.1. to protect and/or safeguard the integrity, operation and functionality of the CWS or third party networks;
3.2. to co-operate or comply with any investigation or inquiry of or by a competent authority, or any police, judicial, regulatory or governmental order, notice, directive or legally binding formal requests; or
3.3. to substantiate or refute any reasonable suspicion CWS may have in respect of your alleged or potential breach of these Terms.
4. You agree that your use of the internet is your responsibility and not that of CWS. You alone are responsible for the contents of messages and attachments sent through your Internet service connection, and the consequences of any such messages and attachments that you send.
5. You grant CWS the right to remove material which it believes may breach this policy, the right to suspend services or, in appropriate circumstances, to terminate services without liability to CWS.
6. CWS makes no express or implied warranties, representations or endorsements regarding any merchandise, information, products or services available through the internet.
7. CWS cannot ensure, and you agree to take responsibility for, the compatibility of your computer equipment and software with web-based applications, including the capability to send and receive e-mails (via the World Wide Web or through a POP3/IMAP capable client).
8. You acknowledge and agree that CWS exercises no control over, and accepts no responsibility for, the content (including viruses, Spam, spyware, malware, Trojans, worms or any other software, data or material) of the information passing through our host computers, network hubs and points of presence or the internet. You agree that you are solely responsible for maintaining security and privacy on your computer, network and equipment.
9. The content of any CWS website that you are entitled to access is protected by intellectual property rights and laws. Such content includes text, software, music, sound, photographs, video, graphics and other material contained in or distributed together with the service. You may only use such content in ways expressly authorised on such websites.
10. If you request CWS to host your website, you expressly grant to CWS a licence to store and cache the entirety of your website, including content supplied by third parties and warrant that storage and caching will not infringe the rights of any third party. CWS reserves the right to refuse to post or to remove any information or materials, in whole or in part, that in its sole discretion are unacceptable, undesirable, or in violation of this policy.
11. CWS has an obligation to ensure that its quality of service to its customers is not unduly affected by the actions or omissions of others and with a view of further controls CWS specifically requests that:
11.1. You should not manipulate identifiers, such as email headers, to disguise the origin of any content transmitted to or through CWS Email System.
11.2.You shall not use the CWS facilities for transmission of chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process.
11.3.You should not use any means to acquire email addresses from CWS Email system.
11.4.You should not use any means to manipulate the browsing experience of other Internet users.
11.5. In certain circumstances you may need to specific configurations for your Internet or email. You should ensure that you set your configurations according to instructions of CWS otherwise your service may not function as it should.
11.6.Violations of our Terms of Service may result in legal action and/or the partial or full termination, without notice, of your Internet or email service, as it may be applicable.
12. Peer-to-peer activity is defined as activity over a type of network created on the internet that allows a group of users to establish a connection with each other and to have direct access to each other's computers, including but not limited to files on each other's hard drives. Owing to the band width-hungry nature of peer-to-peer uploading, downloading and communication activities, which result in a general degradation of internet per formance, CWS reserves the right to maintain a reasonable quality of service by restricting peer-to-peer activities as CWS shall determine in its sole discretion, subject to any separate arrangements agreed with you in writing. CWS also reserves the right at any time to prioritise traffic to give lower bandwidth customers such as residential consumers a lower class of service for peer-to-peer traffic as opposed to other more widely-used internet applications such as e-mail and web-browsing. Consequently, CWS cannot guarantee the performance of peer-to-peer applications on its network at any time unless agreed otherwise with you in writing.
13. In accordance with Seychelles licensing restrictions, and unless otherwise agreed or permitted by CWS in writing, you agree not to use, modify or adapt the service, or allow the service to be used, modified or adapted for the transmission of voice or data on the public telecommunications system of any Seychelles telecommunications provider, and you shall not connect to the public telecommunications system at either the local or the distant end.
Gift cards
Gift cards
Purchase of this card constitutes acceptance of the following terms:
- This gift card is not valid until activated by calling 2 600 700 from any mobile phone
- This gift card is not redeemable for cash.
- To obtain current balance, call 2 600 700
- The gift card is valid for 6 months from the day of activation
- This gift card can only be used for redemption at any of Cable & Wireless centers and its PRIVILEZ partners as listed on www.cwseychelles.com
- Cable and Wireless will not be responsible for replacement of lost, stolen or damaged gift cards.
- Cable & Wireless reserve the right to amend these terms and conditions from time to time where it reasonably considers it necessary to do so. Reasonable notice of these changes will be communicated to customers and advertised on our website.
Fixed-Line
FIXED-LINE TERMS & CONDITIONS
- Cable and Wireless (Seychelles) Ltd shall provide the Telephone Installation and (Subject to the provisions of the Agreement and any approved Code of Practice) maintain it in good working order but shall not be liable for any loss or damage caused by the total or practical interruption of telephone service, nor shall the Customer ordinarily be entitled to a refund of rental in respect of any such interruption.
- Normally, the period of rent of the Telephone installation at the Customer's premises shall be a minimum of one year. Short term telephone installation may also be provided by prior agreement. All equipment and apparatuses installed by Cable and Wireless (Seychelles) Ltd at the Customer's premises shall remain the property of Cable and Wireless (Seychelles) Ltd unless an Agreement specifically states ownership of any installed equipment or apparatuses.
- Cable and Wireless (Seychelles) Ltd will attend to reported faults in accordance with its normal fault repair service. The normal hours of work during which faults are cleared are from 0800 to 1700, Monday to Friday excluding Public Holidays. Cable and Wireless (Seychelles) Ltd shall, on enquiry, notify the customer of the reasons for any exceptional delay in attending to a fault beyond two working days. Reported faults of an emergency nature outside the above normal working hours will be dealt with at the discretion of Cable and Wireless (Seychelles) Ltd.
- The Customer shall pay the cost of any repair, renewal or replacement arising from malicious damage or damage from improper use to the Telephone installation within the Customer's premises or in any other premises, where the equipment or apparatuses have been placed at the Customer's request or with his approval.
- Where the exigencies of the service render it necessary - for technical or other reasons - Cable and Wireless (Seychelles) Ltd reserves the right to change telephone numbers. Under normal circumstances advance warning of at least six months will be given prior to such number changes and Cable and Wireless (Seychelles) Ltd shall not be responsible for any loss or damage to the Customer which may be caused thereby.
- Directory entries for all telephone Customers are obligatory; however, in special circumstances the Customer may request that his number remains unlisted. In such a case the number and the name shall not be available via the operator service for any reason whatsoever.
- Cable and Wireless (Seychelles) Ltd may make any alteration in the Telephone installation which may be considered technically desirable. Any such alternation made at the Customer's request shall be paid for by the customer.
- If the customer vacates the premises in which the Telephone installation is fitted Cable and Wireless (Seychelles) Ltd shall be at Liberty to recover the Telephone installation and hold it at the Customer's risk for safe custody without in any way affecting the Customer's liability under this Agreement. A charge may be made for such removal in accordance with existing tariff rates.
- The Customer shall not make or permit to be made any alteration to the Telephone installation or tamper with the equipment in any circumstances.
- The Customer shall not make or al low unauthorised attachment or attachments to be made to telephone installations on their premises.
- The Customers shall make no claim against Cable and Wireless (Seychelles) Ltd on account of any damage or injury caused by electric potential (not emanating from the premises of the said Cable and Wireless (Seychelles) Ltd) which may be conveyed to the Customer's premises by the telephone installation. Cable and Wireless (Seychelles) Ltd shall, however, take al reasonable precautions to prevent damage or injury from this cause.
- The customer shall indemnify Cable and Wireless (Seychelles) Ltd against any losses (including those resulting from death, injury or damage to person and/or property) arising from the attachment of unauthorised apparatus or the use of any apparatus contrary to the conditions of use.
- Invoices for Telephone service are sent to Customers monthly. Rental for the Telephone service is charged in advance, thus the invoice received at the beginning of the month covers the cost of the telephone calls made in the preceding month plus the rental for the month following the date of the invoice. Payment for accounts should be accompanied by the invoice which will be receipted and returned to the customer.
- (a) If any fees or charges payable by the customers shall be in arrears for 21 days after these should have been paid, Cable and Wireless (Seychelles) Ltd may, without further notice than provided by the telephone bill, temporarily suspend service. (b) If the Customers shall fail to observe and perform any of the clauses or conditions of this Agreement or any other Agreement with Cable and Wireless (Seychelles) Ltd may, after seven days notice and the continuance of such failure on the part of the customer, temporarily suspend service. (c) At any time after any such suspension, Cable and Wireless (Seychelles) Ltd may give notice in writing, or verbally, or by telex or telefax, to determine this agreement and may disconnect the line(s) from the Public Exchange.
- Cable and Wireless (Seychelles) Ltd may require a deposit and/or payment in advance at any time either before providing service or while it is continuing . Each customer is set a credit limit before providing service or altered while service is continuing as circumstances dictate.
- Our Unlimited Homeline Package is subject at all times to this fair usage policy of 9000 Landline minutes each month. Usage above this amount will constitute abuse. CWS reserves the right to at all times monitor usage, and if the average use on your account is over 9000 minutes a month, we may ask you to reduce the usage on your account so that we can protect our network for all our customers. If you fail to reduce your usage, we reserve the right to ask you to move your account to another, more appropriate, limited price plan.
- This Agreement may be determined by Cable and Wireless (Seychelles) Ltd by notice in writing in the event of any license which it may require in order to undertake telecommunication services in Seychelles being refused or withdrawn.
- The Customer shall grant to Cable and Wireless (Seychelles) Ltd every necessary facility in his power for the construction, examination, maintenance and recovery of the Telephone installation and shall permit Cable and Wireless (Seychelles) Ltd and its bona fide staff or employees at all reasonable times to have free access to the customer's premises and to all other premises under his control for the purpose aforesaid.
- This agreement shall commence from the date the Telephone Installation is complete in the customer's premises.
- On the termination of this Agreement by any means the customer shall surrender to Cable and Wireless (Seychelles) Ltd the Telephone installation with all the fixtures, accessories and ancillary parts in a good condition as when received excepting fair wear and tears.
- Cable and Wireless (Seychelles) Ltd may from time to time give notice to the Customer that an increase or reduction will be made in the rentals and charges payable under this Agreement.
- The benefits and liabilities contained in this Agreement shall not, except with the previous written consent of Cable and Wireless (Seychelles) Ltd, be transferred by the Customers to any other party.
- The Customer shall not use or allow others to use abusive or improper language to other Customers or the public through the Telephone system. Person making indecent and malicious telephone calls may be prosecuted and punished by law.
- The Customer hereby agrees that the foregoing conditions are subject to reasonable variation by the Cable and Wireless (Seychelles) Ltd at any time of which notice will be given to the customer.
- If a telephone equipment switchboard is installed the customer shall provide at his own expense and to the reasonable satisfaction of Cable & Wireless (Seychelles) Ltd sufficient competent operators for the proper working of the switchboard.
- Cable and Wireless (Seychelles) Ltd shall not be liable for any breach of the Agreement caused by Act of God, insurrection or civil disorder, war or military operations, national or local emergency, act of Government, road authority or other competent authority, industrial disputes of any kind (whether or not involving employees of Cable and Wireless (Seychelles) Ltd, fire, lightning , explosion, flood, abnormal or inclement weather, act of omissions of persons or bodies for whom Cable and Wireless (Seychelles) Ltd is not responsible or any other cause outside Cable and Wireless (Seychelles) Ltd control.
ALDABRA INTERNATIONAL CALLING CARD
Aldabra is a high quality prepaid international calling card service from Cable and Wireless (Seychelles) Ltd that offers a cost efficient alternative to your existing long distance service.
Aldabra can be used to call any destination, except to satellite phones such as Iridium, Inmarsat, Thuraya and premium numbers. The call rates are published in the Aldabra leaflet which is available at any Cable and Wireless Customer Services Centre.
There are two validity periods on the cards: Aldabra 10 minutes & 20 minutes are valid for 15 days from date of first use of the cards and Aldabra 40 minutes is valid for 30 days from date of first use.
The cards are to be used only on Cable and Wireless (Seychelles) Ltd networks. The Customer will not incur any charges to the fixed or mobile account from which the Aldabra card is being used as long as the access number 107 is used to access the Aldabra service.
When using Aldabra from Mobile phones, coverage and quality may vary and change without notice depending on a variety of factors. Outages and interruptions in Service may occur, and speed of Service restoration varies. The Aldabra cards are on promotion and the offer could be terminated at any moment by Cable and Wireless (Seychelles) Ltd. Aldabra is also subject to the Cable and Wireless (Seychelles) Ltd's General Terms and Conditions of Service.
HOMELINE PREPAID TERMS AND CONDITIONS
The HomeLine Prepaid service will be provided to you in accordance with these terms and conditions:
- Existing fixed line customers need to clear all outstanding bills prior to creation and activation of Prepaid HomeLine accounts.
- After registering for the service you will be provided with an account number. Your account will be activated when you first add credit to your account.
- Following the activation of service, you need to make at least one chargeable voice call every 60 days in order to continue using the service.
- Your credits are valid until they are exhausted provided that you continue to make at least one chargeable voice call every 60 days.
- Please note that a HomeLine Prepaid voucher cannot be re-used after it has been accepted by the HomeLine Prepaid system.
- If 60 days pass and you fail to make a chargeable voice call, your service will be suspended for 7 days. During this suspended period, if you wish to reactivate your HomeLine Prepaid account, you will have to recharge your account. Should you choose not to recharge your account within this 7 days suspension period, your service will be terminated, your account number will be withdrawn and your remaining balance will be lost.
- You will be charged for your use of the HomeLine Prepaid service in accordance with the rates set by Cable and Wireless (Seychelles) Ltd. Cable and Wireless (Seychelles) Ltd also reserves the right to change the rates applicable to the HomeLine Prepaid service at anytime, at its sole discretion and without any notice to subscribers.
- Cable and Wireless (Seychelles) Ltd may suspend or cancel your service at any time if you have breached any of these terms and conditions, and/or have done something that may cause damage to the Cable and Wireless (Seychelles) Ltd network, and/or, by Order of the relevant Judicial Authority if use of the service is in contravention to the Laws of Seychelles.
- Permission should be granted in writing by the Homeline prepaid top account holder, for the creation of prepaid sub accounts under their service number.
- Should the top account holder choose to cease their prepaid top account service, it is the top account holder's responsibility to inform their prepaid sub account holders.
- Should the top account holder choose to cease his or her prepaid top account service, the prepaid account holder's balance under that service number will be lost.
- CWS reserves the right to accept or reject any request for Homeline prepaid.
Facebook Booster
Facebook Booster
These terms and conditions set out the agreement between (1) you (‘the Customer’); (2) Cable and Wireless (Seychelles) Limited (‘Cable and Wireless’).
The Customer acknowledges that the purchase and/or use of the Facebook Booster is governed by:
(a) General Terms & Conditions of Cable & Wireless Seychelles;
(b) Facebook Booster Terms and Conditions; and
Which are deemed incorporated by reference. The Customer shall be bound by these terms and conditions. Please read through these terms and conditions carefully.
1.1 The Facebook Booster will be offered in one denomination Rs19.00. Cable & Wireless shall have the sole and absolute discretion to vary or revise the tariff, such variation or revision shall take effect from the date determined by Cable & Wireless.
The Facebook Booster only applies to browsing of newsfeed, timeline, chat on Facebook Messenger, voice and video call features on Facebook Messenger, viewing pictures, viewing album, viewing Facebook platform videos, adding friends, updating status, like a post, share a post, comment on a post, and/or pictures or videos that are being directly uploaded onto Facebook.
Customers will incur data charges for download and use of features and functionalities of Facebook beyond the approved Scope such as (but not limited to):
(a) External links in newsfeed, timelines, walls, etc.
(b) External URLs in comments, messages, etc.
(c) Links to applications.
(d) Links to external advertisements.
(e) Enabling or navigating to features that rely on location services.
(f) Facebook features that navigate you out of the site and/or application such as “Get Directions”, “Buy Tickets”, etc. and/or importing contacts from an external email domain, clicking on a user’s email address, etc.
The Customer shall indemnify, defend and hold Cable & Wireless harmless from and against all and any claims, demands, proceedings, costs, expenses, damages (including legal costs) arising from the Customer’s use of Facebook including any loss or liability suffered or incurred by Cable & Wireless as a result of the Customer’s breach of Facebook Terms and Conditions.
1.2 Facebook Booster is offered to the Subscriber on a “as is” basis by Cable & Wireless without any representation, warranty or liability whatsoever. Cable & Wireless expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation, warranties as to quality, merchantability, fitness for a particular purpose and non-infringement of proprietary or intellectual property rights. Without limiting the above, the Customer agrees that Cable & Wireless does not warrant that (i) the Facebook Booster will meet the Customer’s requirements; (ii) access to Facebook will be uninterrupted, timely, secure, or error-free; or (iii) the contents of Facebook will be accurate, up-to-date or reliable.
1.3 Under no circumstances shall Cable & Wireless have any liability to the Customer, including for direct, indirect, incidental, consequential, special, exemplary, and punitive damages, and whether such claim is based on breach of warranty, contract, tort (including negligence) or otherwise and even if Cable & Wireless has been advised of the possibility of such damages. The above shall apply whether the claim or the damages arise from use, misuse, unauthorised use, or reliance on Facebook or Facebook Booster, from inability to use the Facebook, or from the interruption, suspension, or termination of Facebook. The above shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
1.4 The Customer acknowledges that through the use of Facebook, the Customer may gain access to or be provided with content, material, tools or services from persons other than Cable & Wireless. The Customer agrees that Cable & Wireless is not responsible for the availability of and that Cable & Wireless does not endorse and is not responsible or liable for the same.
1.5 Under no circumstances shall Cable & Wireless provide a refund to the Customer (whether in cash or otherwise) for the unexpired Subscription Period of a purchased Facebook Booster.
1.6 Cable & Wireless reserves the right to discontinue, terminate, suspend in whole or in part, the Facebook Booster at any time of which notice shall be given to the Customer 30 (thirty) days in advance of any such change taking place. Such notice shall be posted on www.cwseychelles.com or other medium that CWS may deem necessary.
1.7 These Facebook Booster Terms and Conditions may be amended by Cable & Wireless from time to time as Cable & Wireless deems appropriate and any such amendments shall be posted on (www.cwseychelles.com) and shall take effect from the date that they are so posted. The Subscriber shall be bound by these Facebook Booster Terms and Conditions as so amended if the Subscriber continues to access or use the Facebook Booster after the date such amendments are posted.
Prepaid Mobile
CABLE PREPAID TERMS AND CONDITIONS
This is an invitation from Cable & Wireless (Seychelles) Ltd. to apply for the Cable Prepaid Mobile Service. The Cable Prepaid service will be provided to you in accordance with these terms and conditions:
1. In accordance with the Seychelles law, all prepaid users in the country are required to register service with their respective Telecommunications Provider. Cable Prepaid customers need to fill in a Cable Prepaid Registration Form in order to receive service. To confirm the identity of the applicant, an official identification document containing a photograph has to be presented on registration. Acceptable identification documents can be a valid National ID Card, Passport or a Driving License.
2. On registering for a Cable Prepaid service you will be considered as the owner of the service. As the person who has registered for the service you are therefore responsible for all usage and transactions associated to the service thereafter. 3 If you wish to transfer the Cable Prepaid service to another person, you and the intended recipient of the service should visit any Cable & Wireless Customer Services Centre to officially transfer the service to the new owner. The required transfer of service and registration forms would need to be completed.
3. After registering for service you will be provided with a starter pack containing the number for which you have registered. Your Cable Prepaid account is activated on your first voice call or when you first add credit to your account over and above the preloaded credit available on your SIM card. Your account should be activated within 6 months following registration to avoid automatic termination of your inactive SIM card.
4. After registering for service you will be provided with a starter pack containing the number for which you have registered. Your Cable Prepaid account is activated on your first chargeable transaction, including making a voice call, sending an SMS or mobile data use. Your account should be activated within 6 months following registration to avoid automatic termination of your inactive SIM card.
5. Following activation of service, you need to make at least one chargeable activity every 60 days in order to continue to use the service. This could be in form of a recharge, an SMS, a voice call or browsing the internet.
6. Cable & Wireless (Seychelles) Ltd makes no representation whatsoever as to the extent of the mobile coverage in the areas in which you intend to use the service. You must satisfy yourself as to the adequacy of coverage from your own inquiries. This information can be obtained at the offices of Cable & Wireless (Seychelles) Ltd on Mahe, Praslin and La Digue.
7. Your call credits are valid until they are exhausted provided that you continue to make at least one chargeable activity every 60 days. Please note that a Cable Prepaid Voucher cannot be re-used after it has been accepted by the Cable Prepaid system.
8. If 60 days pass and you fail to make a chargeable activity, your service will be suspended for 7 days. During this suspended period, if you wish to reactivate your full Cable Prepaid service, you will have to top up your account. Should you choose not to top up your account within this 7 day suspension period, your service will be terminated, your mobile number will be withdrawn, and your remaining balance will be lost.
9. If your Cable Prepaid SIM card or your Cable Prepaid Voucher(s) is lost or stolen, Cable & Wireless (Seychelles) Ltd will be under no obligation to replace them or compensate you. If Cable & Wireless (Seychelles) Ltd does choose to replace your SIM card, it may charge you for doing so. Similarly, please ensure that you provide your eTopUp dealer with the correct mobile number or eNumber as there are no refunds for this error type.
10. You will be charged for your use of the Cable Prepaid service in accordance with the rates set by Cable & Wireless (Seychelles) Ltd. Cable & Wireless (Seychelles) Ltd also reserves the right to change the rates applicable to the Cable Prepaid service at any time, at its sole discretion and without any notice to subscribers.
11. Cable & Wireless (Seychelles) Ltd may suspend or cancel your service at any time if you have breached any of these terms and conditions, and/or have done something that may cause damage to the Cable & Wireless (Seychelles) Ltd network, and/or, by Order of the relevant Judicial Authority if use of the service is in contravention to the Laws of Seychelles. It is a criminal offense for users of telecommunications services to fraudulently or attempt to fraudulently obtain telecommunications services. Cable & Wireless (Seychelles) Ltd therefore reserves the right to terminate your service and legal action taken if it is determined that such an offense has been committed.
12. Your SIM certificate or SIM Card contains important information including the PUK and SIM number. You will need to produce this information if requested at any time by Cable & Wireless (Seychelles) Ltd. You are advised to keep it in a safe place. We also suggest that you keep any Cable Prepaid Vouchers that you use, so that you can produce these as a form of receipt if requested by Cable & Wireless (Seychelles) Ltd.
13. The Cable Prepaid service cannot be used outside of the Seychelles.
Cable Premiere
Cable Premiere
- Age restrictions are applied on certain movies
- Allocation of seats are based on a first come first serve basis
- Unused movie tickets are valid for one month and can be used on Cable Premiere only and are not refundable
Cable Points Prepaid
Cable Points Prepaid Terms and Conditions
1. Cable Points are only earned/accumulated on Cable & Wireless residential services and they are only allocated on outgoing calls, SMS, data and broadband. For postpaid, the points are allocated on total bills before any applicable taxes.
2. The accumulation rule is SR 1 = 1 Cable Point
3. The enrolment is automatic for prepaid thus enabling the customer to enter the program when reaching the minimal consumption of SR100 regardless from main or bonus account. For Postpaid, the enrolment is by registration at any of our Customer Services Centres on Mahe, Praslin and La Digue.
- For single-service accounts - a bill accumulation of at least SR100 (exclusive of taxes) is required;
- For multiple-service accounts (One-Bill) - a bill accumulation of at least SR100 (exclusive of taxes) on each service is required. The total points awarded for eligible service will be added to Customer’s One-Bill.
4. The points can be earned/accumulated if the account/subscription is active only. Suspended, disabled, retired accounts and overdue bills will not earn points unless either topping up during the suspension state which is 7 days or an early payment of the postpaid bill.
5. Points accumulated are not transferable and can be accumulated for a maximum period of twenty-four months. At the end of the twenty four months, points not yet redeemed will be reset back to zero. However, if the customer redeems or make any billable transaction during the last three months before the expiry date, the validity period of the points will be extended to an extra three months. For postpaid, the oldest balance reaching two years will expire first. Points will expire as and when they reach twenty-four months, leaving your account balance with the unexpired points.
6. Change of SIM/deactivation will result in the reset of the point account back to zero. However, mobile customers migrating from a Prepaid to a Postpaid service can also transfer their Cable Points only if the same mobile number is retained.
7. The annual earning/accumulation of Cable Points on prepaid are capped at 20,000 points. After a customer reaches that limit, he or she cannot earn/accumulate anymore points unless a part or whole is redeemed.
8. The maximum points that can be awarded on a monthly basis for postpaid for each service is capped as follows:
- Fixed line: 1500 points;
- Internet: 7500 points;
- Mobile: 2000 points;
Customers cannot earn points beyond these limits during a particular month.
9. The collected/earned points are only redeemable for local outgoing calls (excluding calls to outer islands, premium numbers and short codes), SMS and data.
10. Redemption of accumulated points is applicable and can only be processed for fully active accounts.
11. No redemption shall be permitted if:
- An account is suspended or deactivated, or
- There are any outstanding dues on an account
12. The point’s responsible person is the account holder, whereby he/she will be the only person authorized to handle all related issues including but not limited to: inquiries, notifications, redemption etc…
13. All points awarded will be set to pending until bills are paid in full and on time. Beyond 30 days, when the bill becomes overdue, the points in pending status will expire.
14. On Postpaid, the current points balance is updated ONLY after the bill is generated. The same balance will also be available online through e-Bill. The Points to be earned in a month are only transferred/confirmed to a Customer’s Cable Points Accounts after the Customer settles his or her bill.
15. At any time, and at CWS discretion, subscribers occasionally may receive additional points or rewards without any obligations to any party involved.
16. All rewards redeemed/issued are not refundable.
17. Any discrepancy in the accumulation/calculation of points must be reported by the account holder, in person, to the customer services, within a period of fifteen days and forty days for investigations and/or follow-ups, after which any discrepancy may not be accepted for investigations.
18. CWS reserves the right to terminate/change/alter this program or any part thereof at any time without prior notice, and shall not be liable for any loss or damage resulting whatsoever, including but not limited to discrepancies resulting from dealers, state agents, banks or any other party involved.
Cable Points Postpaid
Cable Points Postpaid Terms and Conditions
1. Cable Points are only earned/accumulated on Cable & Wireless residential services and they are only allocated on outgoing calls, SMS, data and broadband. For postpaid, the points are allocated on total bills before any applicable taxes.
2. The accumulation rule is SR 1 = 1 Cable Point
3. The enrolment is automatic for prepaid thus enabling the customer to enter the program when reaching the minimal consumption of SR100 regardless from main or bonus account. For Postpaid, the enrolment is by registration at any of our Customer Services Centres on Mahe, Praslin and La Digue.
- For single-service accounts - a bill accumulation of at least SR100 (exclusive of taxes) is required;
- For multiple-service accounts (One-Bill) - a bill accumulation of at least SR100 (exclusive of taxes) on each service is required. The total points awarded for eligible service will be added to Customer’s One-Bill.
4. The points can be earned/accumulated if the account/subscription is active only. Suspended, disabled, retired accounts and overdue bills will not earn points unless either topping up during the suspension state which is 7 days or an early payment of the postpaid bill.
5. Points accumulated are not transferable and can be accumulated for a maximum period of twenty-four months. At the end of the twenty four months, points not yet redeemed will be reset back to zero. However, if the customer redeems or make any billable transaction during the last three months before the expiry date, the validity period of the points will be extended to an extra three months. For postpaid, the oldest balance reaching two years will expire first. Points will expire as and when they reach twenty-four months, leaving your account balance with the unexpired points.
6. Change of SIM/deactivation will result in the reset of the point account back to zero. However, mobile customers migrating from a Prepaid to a Postpaid service can also transfer their Cable Points only if the same mobile number is retained.
7. The annual earning/accumulation of Cable Points on prepaid are capped at 20,000 points. After a customer reaches that limit, he or she cannot earn/accumulate anymore points unless a part or whole is redeemed.
8. The maximum points that can be awarded on a monthly basis for postpaid for each service is capped as follows:
- Fixed line: 1500 points;
- Internet: 7500 points;
- Mobile: 2000 points;
Customers cannot earn points beyond these limits during a particular month.
9. The collected/earned points are only redeemable for local outgoing calls (excluding calls to outer islands, premium numbers and short codes), SMS and data.
10. Redemption of accumulated points is applicable and can only be processed for fully active accounts.
11. No redemption shall be permitted if:
- An account is suspended or deactivated, or
- There are any outstanding dues on an account
12. The point’s responsible person is the account holder, whereby he/she will be the only person authorized to handle all related issues including but not limited to: inquiries, notifications, redemption etc…
13. All points awarded will be set to pending until bills are paid in full and on time. Beyond 30 days, when the bill becomes overdue, the points in pending status will expire.
14. On Postpaid, the current points balance is updated ONLY after the bill is generated. The same balance will also be available online through e-Bill. The Points to be earned in a month are only transferred/confirmed to a Customer’s Cable Points Accounts after the Customer settles his or her bill.
15. At any time, and at CWS discretion, subscribers occasionally may receive additional points or rewards without any obligations to any party involved.
16. All rewards redeemed/issued are not refundable.
17. Any discrepancy in the accumulation/calculation of points must be reported by the account holder, in person, to the customer services, within a period of fifteen days and forty days for investigations and/or follow-ups, after which any discrepancy may not be accepted for investigations.
18. CWS reserves the right to terminate/change/alter this program or any part thereof at any time without prior notice, and shall not be liable for any loss or damage resulting whatsoever, including but not limited to discrepancies resulting from dealers, state agents, banks or any other party involved.
Cable Gig
- An age restriction of 18+ is applicable at all discotheques
- For validation purposes, the original SMS and your I.D are to be shown at the entrance of the discotheque
- Other terms & conditions related to the discotheque apply
- The ticket is valid for one show only. It cannot be used for other shows
- The number of tickets for redemption for each show are limited
- Tickets for the shows are usually available at the event for purchase
- Tickets are non-transferable
KreolWave:
1. Terms
By accessing the website at https://www.kreolwave.sc , you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
1. Permission is granted to temporarily download one copy of the materials (information or software) on Kreolwave’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
2. modify or copy the materials;
3. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
4. attempt to decompile or reverse engineer any software contained on Kreolwave’s website;
5. remove any copyright or other proprietary notations from the materials; or
6. transfer the materials to another person or "mirror" the materials on any other server.
7. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Kreolwave at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
1. The materials on Kreolwave’s website are provided on an 'as is' basis. Kreolwave makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
2. Further, Kreolwave does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall Kreolwave or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Kreolwave’s website, even if Kreolwave or a Kreolwave authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on Kreolwave website could include technical, typographical, or photographic errors. Kreolwave does not warrant that any of the materials on its website are accurate, complete or current. Kreolwave may make changes to the materials contained on its website at any time without notice. However Kreolwave does not make any commitment to update the materials.
6. Links
Kreolwave has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Kreolwave of the site. Use of any such linked website is at the user's own risk.
7. Modifications
Kreolwave may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of United Kingdom and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
MyStay
1. MyStay is a prepaid mobile offer only available to visitors.
2. To check your mobile number, dial #126#.
3. MyStay prepaid mobile offer is not to be sold to Seychelles residents (locals or GOP holders).
4. This prepaid mobile product is valid for 21 days only this validity cannot be extended (by Calls, recharges or any other chargeable transaction) after the 21 days have elapsed.
5. The prepaid MyStay SIM cards is available as a physical SIM or an eSIM.
6. Notifications may be sent to the upon reaching certain thresholds of data and local minutes usage.
7. MyStay SIM cards are unable to purchase residential mobile SMS, voice, or data boosters.
8. When purchasing a MyStay prepaid SIM, the Customer Service Officer will sign the customer up for a MyCare self-service account with the customer’s email address.
9. Customers may use MyCare to recharge their Prepaid Account, purchase Inter Connect boosters, and view usages.
10. Inter Connect Boosters are international voice boosters that allow the customer to make international calls.
11. For additional data or voice allowances, visitors with the MyStay prepaid SIM may purchase MyStay boosters (Boost MyStay) from their MyCare account.
12. It is prohibited to distribute any MyStay prepaid SIM cards to Seychelles residents (locals or GOP holders), even after use or no longer required.
Cable & Wireless IPTV Services:
Terms and conditions of your residential customer service agreement for Cable & Wireless TV
These terms and conditions set out the agreement between (1) you ('you', 'the customer' or 'your'); (2) Cable and Wireless (Seychelles) Limited ('us', 'we' or 'our').
Your use of the services will be governed by the terms of this agreement. Please read through these terms and conditions carefully.
The words highlighted in bold throughout these terms and conditions have special meanings which can be found in the Glossary at the end of these terms and conditions.
A. Obtaining the services
- We will try to meet any date agreed with you for installation or activation of the services, but we may have to change the installation date given to you or activation may be delayed. We will try to notify you of any changes as soon as possible.
- You agree that you or a person authorised by you (who is 18 or over) will be present when we install the equipment at your home.
- Where we need to install equipment at your home, we will make every effort to fit the equipment where you prefer. However, this may not be possible because of technical or other reasons. If this is the case, we will connect the equipment as we see fit.
- To provide the services, the equipment (e.g. a set-top box) must be connected to equipment belonging to you (e.g. a television). We are not responsible for your equipment working properly. You agree to provide and pay for suitable facilities and all necessary electrical and other installations and fittings (including power outlets or sockets) for the equipment.
- You confirm that you will have prepared your equipment, and will follow our instructions to prepare your equipment, so that we can perform the set-up properly. It is your responsibility to keep back-up copies of any important data stored on your equipment prior to the set-up of any services by us on your equipment.
- Our obligation to provide the services is also subject to survey. If a survey shows that the services cannot be installed or connected at your home, or if a non-standard installation is required, we may cancel any installation date we have given you and terminate this agreement. You will be notified of this as soon as possible after the survey. We shall not be under any liability whatsoever to you for any failure to provide the services in these circumstances but will refund you for any payments you have already made to CWS for installation or the services.
- We do not have to connect the equipment at your home or otherwise keep to this agreement if:
- your home is outside our service area or in a part of our service area where no cable has been laid, or we are unable to activate the services on your line or at your home for any reason.
- you do not qualify under our current credit policy;
- you are not able to be a customer because you have previously misused our services;
- it is not practical to carry out the connection for health and safety reasons or for any other reason.
B. About the services
- General
- If you keep to the terms of this agreement, we will provide you with the services.
- These terms and conditions and other related terms and conditions may be updated from time to time so please check the CWS regularly and read through it carefully.
- To make sure you are always getting the best possible service, we may monitor and record phone conversations you have with our teams.
- From time to time, we may let you try certain services for free. We also have the right to withdraw these trial services at any time and without giving you notice.
- From time to time, we may supply you with services or component part(s) of a service for promotional purposes, whether for a charge or otherwise. We may at any time stop such supply or change the promotional service or component part(s).
- Some parts of the services are supplied by other organisations. As a result, due to matters outside our reasonable control or for commercial or contractual reasons, we may change, cancel or postpone all or any component part(s) of the services without notice, but we will give you reasonable notice of any withdrawals and changes where it is possible to do so.
- You agree that you are liable for any charges on your account regardless of whether you or anybody else (with or without your permission) runs up those charges (unless the charges result from fraud by someone else which you could have had no control over). For example, if someone who has access to your home uses the services, they will be considered to be within your control and you will be liable for those charges. If you become aware of any fraud by someone else, you must tell us as quickly as you can. Under no circumstances should you give your PIN numbers and passwords to anybody else.
- Cable & Wireless TV
- You may not use any reception equipment to receive the television services other than the equipment we have provided to you for the express purpose of receiving the television services (such as a set-top box).
- We have the right not to make a Pay-Per-View and/or transactional Video on Demand (VoD) programme available to you if you do not meet credit conditions set by us or if you have failed to pay any charges you owe.
- You may not cancel a Pay-Per-View and/or VoD programme after you have bought it except in line with any cancellation information we may have given to you at the time.
- It is your responsibility to make sure PIN numbers and passwords for Pay-Per-View and VoD programmes are used correctly.
- By taking the television services you acknowledge that the equipment we provide to you may be enabled to make recordings, on your behalf, of broadcasts of the types of programmes that match your preferences, for the purpose of enabling those broadcasts to be viewed at a more convenient time for you.
C. Looking after your services.
- We will provide any maintenance services during normal working hours that we believe are necessary for the system and equipment to work properly and for us to provide the services to you.
- We will always aim to provide you with the best service possible, but we will not be liable for interruptions, reception, picture degradation or other problems with the television services which are beyond our reasonable control.
- If you prevent necessary maintenance from being carried out (at a time previously agreed and arranged with you), or if maintenance is no longer required and you have not advised us, or if the maintenance necessary is the result of any one or more of the following, we will be entitled to charge you a service fee:
- Misuse or neglect of, or accidental or wilful damage to, the equipment;
- Fault in, or any other problem (including set up and specification) associated with, your own equipment or any system that we do not cover;
- Your failure to keep to this agreement.
- You are responsible for maintaining any equipment that is relevant to the services which you own (for example, television sets).
- We are not responsible if you are not able to use the services because your equipment does not work properly, is not compatible with the system or does not meet minimum specifications.
D. Using the services
- You are responsible for the way the services are used. You must not do any of the following acts or allow anyone else to do the following acts in relation to the services:
- Cause annoyance, nuisance, inconvenience or needless worry to, or break the rights of, any other person;
- Perform any illegal activity;
- Break, or try to break, the security of anyone else's equipment, hardware or software;
- Copy, distribute, attempt to disassemble, decompile, create derivative works of, reverse-engineer, modify, sub-license, or use for any other purposes any software or equipment we provide.
- Use the services in a way that: (i) risks degradation of service levels to other customers; (ii) puts our system at risk; and/or (iii) is not in keeping with that reasonably expected of the customer category you have been subscribed to. If we believe that you are using the services in any of these ways, we are entitled to reduce, suspend and/or terminate any or all of the services without giving you notice.
- You must, at all times, make sure that the way you use the services does not break the law or the rights of any other person, including CWS.
- The following acts are not permitted:
- copying or recording all or any part of the television services except as may be permitted by law for your own private, domestic and non-commercial use (and if this kind of copying becomes illegal in the future you must stop doing it);
- re-selling, or making any charge for watching or using, all or any part of the television services or
- showing all or any part of the television services to the public even where no admission fee is charged, if you have not been duly authorised to do so
- You acknowledge that we are entitled to prevent the copying of any part of the television services and to delete from the library we have provided to you recordings which may have been made by you lawfully, but which are from a package you no longer subscribe to.
- You agree to take responsibility for all liabilities, claims and losses which are in any way connected with misusing the services supplied to you under this agreement, or with getting the services without our permission, and to repay fully any costs or losses of this kind which we may suffer.
- If you misuse the services, get services from us without our permission, or do not meet your responsibilities, we will be entitled to suspend the services or this agreement.
- It is up to you to make sure that if minimum age recommendations apply to any part of the services, those services are not viewed by anyone below that minimum age.
- Where a usage or storage allowance is allocated to you as part of the services, you are responsible for making sure that you do not use more than your allowance. We are not responsible for any negative consequences of your failure to do so. Furthermore, if you exceed any allowance applicable to your services, we reserve the right (at our sole discretion) to re-grade the services in question at the appropriate charge. If we make such changes we will notify you as soon as possible.
- We reserve the right to remove by immediate notice material placed on our servers by you or other users which we, in our reasonable opinion, believe violates this agreement or is otherwise harmful to our interests or the interests of other users of the services.
E. Using our equipment
- Where we hire equipment to you or give it to you for FREE it will be our property at all times and we may need to alter or replace it from time to time. For us to do this, we will need reasonable access to your premises.
- You are responsible for making sure that our equipment is safe and used properly at all times. To do this, you agree to do the following:
- Follow the manufacturer's instructions and any other instructions we have given you;
- Keep the equipment in your home and under your control (for example, you may not sell it, lend it or hire it out to anyone else, put it up as security for a loan or mortgage, or allow it to be seized under any legal process against you).
- Not tamper with, disassemble, misuse, neglect or damage our equipment;
- Not remove, tamper with or cross out any words or labels on our equipment;
- Take proper care at all times to prevent the loss or theft of our equipment.
- You agree to tell us immediately about any loss or damage to any part of our equipment. You should do this by contacting our customer services team. You agree that you are responsible for any loss of or damage to the equipment, regardless of how it happens. We will charge you for any loss of or damage to the equipment.
- If we or you end this agreement, if you decide to disconnect from our services, or if you wish to take up an offer to upgrade the equipment we provide to you, you must return the equipment to us or (if we choose) make it available for collection in a reasonable condition, allowing for fair wear and tear. If you fail to return or make available the equipment for collection for any reason, we are entitled to charge you for the replacement cost and reasonable recovery costs of the equipment. If we hold any money we may use that money towards the cost of the equipment. If we have supplied you with any additional equipment, we encourage you to dispose of it responsibly if you are no longer using it. You may contact us for further information about disposing of your additional equipment.
- We will not be liable in any way for any loss or damage arising from your use of your equipment with our equipment. We will not be liable for any loss of or damage to any additional equipment. We have the right to charge you for any replacement additional equipment.
- You will have received certain software in your equipment at the point of activation of your services, and other software programs we may deliver to your equipment from time to time, which your equipment will automatically accept. You may use this software solely in executable code form and solely in conjunction with your equipment. You must not use any unauthorised software on the equipment. Without limiting the foregoing, certain equipment we provide to you may be accompanied by separate software intended for installation on other devices within your home. If you install this software on such devices, the terms of use of the software will be governed by an end user licence agreement, which you must accept before you install the software.
- We and our suppliers retain title to and ownership of the software for the equipment we provide to you and all intellectual property rights in and on that equipment.
F. Paying for your services
- You must pay the charges for the services as set out in our price guides or as otherwise notified to you, together with any applicable value added tax or other applicable taxes. We can change the charges, but if we do so, this may entitle you to end this agreement.
- You must ensure that your payments are received by CWS by the due date for payment shown on your bill. If you do not pay your bills on time, you will be liable to interest or other charges for your default. We may also charge you the full amount of any bill and you may lose any discount we have given you. We will also suspend or cancel the services and charge you the costs of debt recovery proceedings to recover any debt you owe under this agreement.
- Under this agreement, if you ask for any changes to the services provided by us, these changes will be reflected by adding proportionate amounts to your first bill after the change and to your payments every month after that.
- You may choose to pay your bills by cash, cheque, credit or debit card, or by Direct Debit.
G. Changing this agreement
- You may add to or reduce the services you receive from time to time by contacting our customer services team. If you ask us to provide any extra services to you, you agree to accept those additional services for at least the minimum period that may apply to them. If you ask us to reduce your tier of services within the minimum period for those services, we may ask you to pay a fee depending on the services being reduced and if applicable the remaining length of the minimum period. If you wish to reduce your tier of services or remove any additional services (including premium television channels) you must give us 30 days notice and pay any charges (including usage charges and line rental) up to the end of that 30-day notice period.
- We may at any time improve, modify, amend or alter the terms of this agreement and/or the services and their content if:
- there is any change or amendment to any law or regulation which applies to CWS or the services provided to you;
- We decide that the services should be altered for reasons of quality of service or otherwise for the benefit of customers or, in our reasonable opinion, it is necessary to do so;
- for security, technical or operational reasons;
- the programming or content provided by any relevant programme and service providers on the television services is altered;
- we decide to offer certain programmes as Pay-Per-View and VoD programmes; or
- in all other events, where we reasonably determine that any modification to the relevant system or change in trading, operating or business practices or
- policies is necessary to maintain or improve the services provided to you.
- However, you will have the right to cancel the affected services or end this agreement if the changes are significant.
- We may change our charges at any time. Any changes to our monthly charges will be published by us and we will also give you notice of the change(s) at least 30 days before the changes take effect and you may cancel the services affected.
Suspending services
- We may suspend any or all of the services immediately without notice if:
- maintenance, repairs or improvements to any part of the services or the system need to be carried out;
- we have to do so by law or in line with a contract;
- you go over any credit limit on your account;
- we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the services and/or the equipment or at any time during the provision of the services;
- we believe that you or another person at your home have committed, or may be committing, any fraud against us, and/or any other person or organisation by using the services or equipment (or both);
- you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate; or
- in our reasonable opinion it is necessary to do so.
- If the services are suspended because you have broken this agreement or if paragraphs 1(c), (d), (e), or (f) you may also be liable for all charges for services during this period of suspension.
I. Ending this agreement
- Either you or we may end this agreement at any time (including during or at the end of any applicable minimum period) by giving the other 30 days' notice. You must pay any charges up to the end of that 30-day notice period. You may also have to pay an early disconnection fee if your services end within the applicable minimum period as we may have advised you.
- If we:
- increase our charges under this agreement
- make significant changes to the services so the services you are entitled to receive in return for the charges you pay are significantly altered or reduced; or
- make significant changes to the terms and conditions of this agreement,
you may cancel those services affected without penalty by giving us at least 30 days' notice. Such notice must be given within 30 days of the increase in charges or changes to the services or this agreement being notified to you. If you were not notified of these changes in advance, you must give notice of cancellation of the services affected to us within 30 days of receipt of your first bill following such increase in charges. If you do not give notice of cancellation within the specified period, you will be deemed to have accepted the increase in charges and/or the changes to the services and this agreement. You will no longer be able to cancel your services under this paragraph. If you cancel any services in these circumstances.
- If we break the terms and conditions of this agreement, you are free to end this agreement.
- We may end this agreement immediately by giving you notice:
- if our right to operate as a public communications provider is suspended for any reason;
- if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
- If you fail to return or make available for removal any item of the equipment which we have hired to you, you may have to pay extra charges for such equipment, including the replacement cost and reasonable recovery costs. In addition to our other rights, we reserve the right to bring proceedings against you for the return of our equipment.
- If this agreement is ended for any reason, or if any of the services are cancelled, we will be entitled to keep any money held (including deposits and advance payments) and to use that money to pay any obligation or debt you may owe under this agreement.
J. Matters beyond our reasonable control
- We will not be liable for failing to do what it promised under this agreement if we are prevented from doing so by something outside our reasonable control which will include (but is not limited to) lightning, flood or severe weather conditions, fire or explosion, civil disorder, damage or vandalism to our network or equipment, terrorist activities, war, actions of local or national governments or other authorities, or industrial disputes.
GLOSSARY
The words in bold throughout this agreement have the following special meanings:
'agreement' the terms and conditions set out in this document, together with all the details set out in any contract document we ask you to sign.
'equipment' any telecommunications or other equipment we supply to you as an essential part of providing the services (including upgrades and replacements). This may include (but is not limited to) any cable modem, set-top box, cables and ducts. This does not include batteries or certain accessories which may purchase from us, nor does it include any equipment which you may purchase from a supplier recommended by us or an alternative supplier. This is referred to as 'additional equipment'.
'home' the property where we or you install apparatus (including but not limited to the equipment) and to which we agree to supply the services .
'Internet access' us providing Internet access, by way of high-speed Internet connection or by dial-up Internet access services through a phone line.
'minimum period' the minimum period that you must keep a service, starting from the service start date or such other minimum period as you have agreed with us.
'minimum specifications' the minimum specifications required to use the services as set out by us.
'normal working hours' these are 8am to 5pm on Monday to Friday. These hours may change.
'Pay-Per-View’ programme' a programme or service which is offered for sale to you as an individual purchase either at specific start times or on demand.
‘Video on Demand (VoD)’ video which is offered for sale to you as an individual purchase either at specific start times or on demand from CWS’ VoD library
'price guides' our current list of charges for the services.
'public communications provider' means a public telecommunications provider duly licensed under the Laws of Seychelles.
'service start date' the first date on which each service is available for you to use or, where no installation is required, the earlier of the date your service is activated.
'services' the services you have ordered including any new, extra or substitute services which we agree to supply you at a later date.
'system' an electronic communications system or network.
‘IPTV services’ the television channels, on demand programmes, Pay Per View programmes, interactive services, and any other content, services, information, websites, applications and/or features which are accessible through the equipment we provide to be connected to your television set.
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