Terms and Conditions of Meteor Phone Backup Service
1. Our Phone Back Up Service and these terms
1.1 We are eircom Limited of 1 Heuston South Quarter, St. John’s Road, Dublin 8, trading as Meteor (“we/us/our/Meteor”).
1.2 These Phone Backup Service Terms & Conditions (“Phone Backup Terms”) shall govern your use of the phone back up service (the “Service”) which you procure from us for your data. By accessing and/or using the Service, you acknowledge and agree to the disclaimers, terms and conditions set forth below as well as the terms of the Meteor Privacy Policy which may be found at http://www.Meteor.ie/privacypolicy (which sets out how we may use personal information provided by you to us). Collectively, these Phone Backup Terms and the Privacy Policy are referred to as the “Terms”.
1.3 By ticking the “I agree” box or pressing the “I Accept” button and by using the service, you confirm that you are a customer of Meteor and that you agree to these Terms and any other Meteor terms and conditions to the extent that such may be relevant to your relationship with Meteor. A full suite of the Meteor terms and conditions is accessible at www.Meteor.ie.
1.4 We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time. Any new features, including the release of new releases, versions, services, content, updates, tools or resources, shall be subject to the then current Terms.
1.5 You should check these Terms periodically for changes as by using the Service after we post any changes to these Terms, you are agreeing to accept those changes, whether or not you have reviewed them.
2. Our Service Provider
2.1 We have sub-contracted certain aspects of the provision of the Service to our trusted partner, Simchronise Limited, of Charter House, 5 Pembroke Row, Dublin 2. However, we shall at all times remain data controller for your data and Simchronise will process your personal data strictly in accordance with our instructions and our Privacy Policy (which may be found at http://www.Meteor.ie/privacypolicy). For the purpose of these Terms, we shall refer throughout to our providing the Service, notwithstanding the sub-contracting of certain elements of the Service.
3. The Service
3.1 Each user (a “Subscriber”) must choose a user name and password and supply a valid email address to register an account (an “Account”). By completing the registration process, the Subscriber confirms that its registration information is accurate and up to date and pertains to the Subscriber and that:
(a) they are 18 years of age or over;
(b) they are resident in Ireland; and
(c) the Subscriber accepts and agrees to be bound by these Terms.
3.2 Once the Subscriber has registered an Account it will receive a welcoming email from us in order to verify the Subscriber’s user name and password in respect of that Account.
3.3 The Subscriber is responsible for maintaining the confidentiality of its user name and password, and shall remain solely responsible for all activity on the Account.
3.4 All data transmitted by a Subscriber through or in connection with the Service remains the sole responsibility of the Subscriber.
3.5 The Subscriber will promptly inform us of any activities, known or suspected, that contravene or breach the security of an Account and we will not be liable for any neglect or nonfeasance by the Subscriber to adhere to this Clause 3.5 or any other provision of these Terms.
3.6 The Service shall consist of a service that incorporates access to wireless synchronisation services and internet-based personal information for mobile devices, including mobile phones.
3.7 We will use reasonable endeavours to ensure the Service is available without interruption, excluding scheduled maintenance downtime. However, the Subscriber acknowledges and agrees that access to the Services, may from time to time be unavailable for any reason, including without limitation, interruption to network connectivity, network and server outages, and/or backup and maintenance by us, our trusted sub-contractors, or server operators. Where we are aware of an upcoming interruption to the Service, we shall use reasonable endeavours to contact the Customer via email informing the Customer of the interruption. We accept no responsibility for loss or damage resulting from any interruption or suspension of Service for any reason.
4. Termination
4.1 We may terminate, suspend or discontinue, any or all parts of the provided Service if:
(a) we reasonably believe that the Subscriber has committed a transgression or is threatening to contravene any these Terms;
(b) we reasonably believe that the Subscriber without authorisation has breached or has attempted to obtain access to any part of the content or the Account details or personal information of any other subscriber to the Service.
4.2 Upon termination, the Subscriber’s account information, including all previously backed up information, may be permanently deleted.
5. Account Limitations and Content
5.1 Storage capacity for our standard Service is currently 2,000 contact entries. The Subscriber recognises that we may implement general practices, procedures and limitations concerning use of the Service. We shall have no obligation to store data in excess of 50MB or such lesser amount of data storage leased under these Phone Back Up Terms.
5.2 We will use reasonable endeavours to store the data provided by the Subscriber. We accept no responsibility for loss or damage to any data and we shall not be liable for damages resulting from the loss of any phone book contacts, due to WAP, GPRS, 3G-gateway access or any other failure. The Subscriber is responsible for all settings, data stored, restored, transmitted or received in their Account.
5.3 The Subscriber is solely responsible for the data and files in the Account and for ensuring that:
(a) the content is not abusive;
(b) the use of the Service is not fraudulent, illegal or for an illegal purpose;
(c) the content does not contravene the intellectual property of others;
(d) the content does not include any viruses, worms or similar contaminating or destructive aspects;
(e) the account is not used for spamming or other use that may disrupt the Service or networks through which the Service is accessed; and (f) its use of the Service complies with our Fair Usage Policy (to the extent applicable and including in particular Clause 4 thereof).
6. Claims
6.1 Any claims must be notified to us in writing to arrive within 28 days of your having sufficient information to know that a claim might arise.
7. Limitation of Liability
7.1 You expressly understand and agree that (to the fullest extent permitted by law) we shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits or contracts, income or revenue, goodwill, anticipated savings, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from: (a) the use or the inability to use the Service; (b) unauthorised access to or alteration of your transmissions or data; or (c) any other matter relating to the Service.
7.2 Our liability to you in contract, tort (including negligence) or otherwise in relation to any particular Service is limited to the price paid by you for the Service.
7.3 The disclaimers and limitations of liability contained in these Terms apply to the fullest extent permitted by law, and all other representations, warranties, terms and conditions whether express or implied, are hereby excluded to the fullest extent permitted by law. Each provision of these Terms excluding or limiting liability applies independently and if any particular provision is held by a court to be unenforceable, the remaining provisions shall not be affected and shall continue to apply.
7.4 Nothing in this Clause 7 shall limit our liability for death or personal injury arising from our negligence or any other liability which cannot be excluded or limited under applicable law.
8. Relationship between Subscriber and Simchronise
8.1 Use of the software is limited to the Subscriber’s access and use of the Subscriber Service for business purposes and not for distribution to, or use on behalf of, others.
8.2 Title to and ownership of the software remains with Simchronise and its suppliers.
8.3 The Subscriber may not (i) alter or modify the software; (ii) reverse engineer, decompile, disassemble, or in any way attempt to derive the Source Code for the software; (iii) sublicense or transfer the software to any third party; or (iv) make the software available to any third party as part of any rental, time-sharing, service bureau, or ASP arrangement.
8.4 The Subscriber will not remove or obscure any copyright, trademark or proprietary rights notices displayed by the software.
8.5 The Subscriber will not export or re-export the software.
8.6 All express and implied warranties regarding the software by Simchronise and its suppliers are disclaimed.
8.7 All consequential, special, and indirect damages are disclaimed on behalf of Simchronise and its suppliers.
8.8 Simchronise is expressly named as an intended third party beneficiary of these Terms, with the right to enforce the terms relating to the software directly against the Subscriber.
9. Technology Limitations and Modifications
9.1 Meteor will make reasonable efforts to keep the Service operational and up-to-date. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Meteor reserves the right at any time and from time to time to modify, update or discontinue, temporarily or permanently, functions and features of the Service without notice.
10. General Terms
10.1 These Terms and the relationship between you and us shall be governed by the laws of Ireland. You agree to submit to the exclusive jurisdiction of the Irish courts. Notwithstanding this, you agree that we may at our sole discretion apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction where we reasonably deem such action to be appropriate.
