Effective December 2009 until amended.
Welcome to the website of Umniah Mobile Company and Al Bahrania Al Urdunia Liltaknia Wa Alitisalat (Batelco Jordan) (collectively and severally referred to as Company). Please read these terms and conditions ("Terms and Conditions") carefully. These are the general Terms and Conditions governing your access and use of this website ("Site") and Services. If you do not agree with them, you should not proceed any further on the Site. By continuing to browse, use the Site and/or any of the Services shown on the Site, you confirm that you agree to be bound by these Terms and Conditions.
1 Your Obligations
You hereby declare and warrant that the Site and the Services shall only be used in accordance with these Terms and Conditions and in accordance with the applicable legislations.
1.2 Your Use of Information & Content
1.2.1 The Services that the Company are providing to you via the Site consist of Content (including but not limited to information, communications, images and sounds) available on the Site or otherwise provided to you as a result of your use of the Site ("Services").
1.2.2 You hereby acknowledge and agree that you are only permitted to use the Site and the Services as expressly set out in these Terms and Conditions.
1.2.3 You hereby acknowledge and agree that the Site and the Services are for your own personal use only and on a single computer or device. You hereby undertake not to use the Site for commercial purposes. You will not use the Site in any way that is unlawful, illegal, or harms The Company, its affiliates, resellers, distributors, dealers, service providers, content providers and/or suppliers or any customer of The Company, as determined in The Company's sole discretion.
1.3 Services & Downloaded Content
For any Services on the Site that will enable you to download Content to a personal device, personal computer, mobile handset, and/ or any other compatible device, you hereby undertake to download such Content only for your personal use, and you hereby undertake to respect the intellectual property rights of the Content and abide by all applicable legislation. The Company shall remain the sole owner of its intellectual property rights of all Content downloaded by you regardless of the permission that may be granted to you for the download of such Content.
1.4 Email and/ or SMS Alerts
All information and/ or Content provided to you through Email and/ or SMS alerts may be stored, copied, formatted, printed and displayed by you only for your personal use. In no event shall you have the right to publish, retransmit, redistribute or otherwise reproduce any information and/ or Content in any format to anyone, or in connection with any business or commercial enterprise.
1.5 You may not
1.5.1 Remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed from the Site or obtained as a result of the Services.
1.5.2 Remove, change or obscure in any way anything on the Site and/or the Services or otherwise use any material obtained during your use of the Site and/or Services except as set out in these Terms and Conditions.
1.5.3 Reverse engineer or decompile (whether in whole or in part) any software used in the Site and/or the Services.
1.5.4 Copy, reproduce, disclose, transfer, modify, reformat, display, distribute, license, transmit, sell, perform, publish, republish, download, post, or otherwise make available any of the Services or any information acquired by you during your use of the Services or accessing the Site in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of The Company.
1.5.5 Replicate, reproduce and/ or duplicate the Site or any part of it.
1.5.6 Use the Site and/or the Services to advertise or offer to sell any goods and/ or Services for any commercial purpose without The Company's written consent.
1.5.7 Hack into, make excessive traffic demands, deliver or forward chain letters, "junk mail" or "spam" of any kind, surveys, contests.
2 Your Information
By submitting any material to The Company via the Site, via email or otherwise, and/ or when you register to use The Company Services, you do so in the knowledge that The Company may copy, modify, distribute or create a derivative work from that material in any form.
2.2 You hereby declare and warrant the following:
2.2.1 All the information you have provided is true, accurate, current and complete.
2.2.2 The information and/ or material you have provided is fit for publication and that you hereby undertake to indemnify The Company if any third party takes action against The Company in relation to the information and/ or material that you submit.
2.2.3 You warrant that The Company may publish the information and/ or material you submit and/or make use of it or any concepts described in it in The Company products or Services without liability and you agree not to take action against The Company in relation to it.
2.3 Password and/ or PIN
If you are provided with a password and/ or PIN to access the Services and/ or use the Site, you hereby undertake the following:
a. to protect the confidentiality and security of your password and/ or PIN
b. to be responsible for all actions
c. not to contest the identity of the person requesting the use of the Site and/ or Services through your password and/ or PIN.
2.4 Monitoring/recording of communications
The Company may monitor and/ or record your emails, text messages or other communications that take place on the Site for security and/ or quality control purposes in accordance with the applicable laws for the purposes of preventing unauthorized use of The Company's Site and/ or systems.
Although use of the Site and/ or Services is currently free, The Company reserves the right to charge for access to part or all of the Site in the future, subject to giving you clear notice when entering any part to which charges apply. Some Services may currently be chargeable as indicated on the Site and in any accompanying terms and conditions.
4 Intellectual Property rights
4.1 The Company is the sole owner of the name The Company, The Company logo, any other logos displayed on the Site, all trademarks, copyrights, and any other intellectual property rights of information, Content and/ or Services used or displayed on the Site and may not be used in any manner or form without the prior written consent of The Company. Any other names, logos, trademarks are the property of their respective owners and may not be used in any manner or form without the written consent of such owners.
4.2 You are only allowed to use the Site and/ or the Services as set out in these Terms and Conditions and nothing on the Site and/or the Services shall be construed as conferring any license or other transfer or rights to you of any intellectual property or other proprietary rights of The Company.
5 Information and/ or Content
5.1 Under no circumstances does The Company warrant or guarantee the accuracy or timeliness of any information and/ or Content available on the Site whether in downloadable format, and/ or alerts sent by email and/ or SMS.
5.2 You hereby accept that The Company will not be liable for any action you take relying on the information and/ or Content available on the Site whether in downloadable format, and/ or alerts sent by email and/ or SMS. Under no circumstances will The Company be liable if your use of information and/ or Content results in the need for servicing, repair or correction of devices or data, you assume any costs relating to the above.
5.3 Although The Company has made every effort to provide correct and accurate information and/ or Content, The Company hereby declares that the Site and Services are provided on an "As is", "With All Faults" and "As Available" basis and that under no circumstances will The Company be liable for the risk of satisfactory quality, performance, accuracy.
5.4 The Company hereby reserves its rights to change the Site, Content and/ or Services or delete Services, Content and/ or features in anyway, at any time and for any reasons. You shall not have the right under any circumstances to contest to such alterations. The Company shall assume no responsibility and/ or liability that may result out of such alterations under any circumstances.
5.5 The Company makes no explicit and/ or implicit representations, warranties, legal liability, responsibility or conditions. The Company hereby disclaims any and all warranties or conditions including but not limited to warranties for merchantability, fitness for a particular purpose, accuracy, title, no infringement in addition to any warranties that access and use of the Site shall be error-free and/ or uninterrupted.
5.6 Although The Company makes every effort to ensure the security of your communications. you are however advised that for reasons beyond The Company's control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. You hereby acknowledge that The Company is unable to exercise control over the security of the Site and/ Content passing over the Site or via the Services and The Company hereby excludes all liability of any kind for the transmission and/ or reception of infringing Content of whatever nature.
5.7 The Site, Services and/ or Content may contain certain statements of future Services, additions to the Site and/ or any future plans or objectives of The Company. These statements shall under no circumstances be construed as actual results and/ or developments that will with all certainty take place in the future. These statements shall only be construed as predictive and speculative statements that relate to the future because they relate to events and depend on circumstances that will occur in the future. The Company hereby excludes all liability of any kind related to such statements.
6 Limitation of Liability
6.1 You hereby acknowledge and agree that for all the links that may be contained on the Site and/ or Content, your use of each web site, web page and Service is also subject to the terms and conditions of such web site and/ or web page in addition to these Terms and Conditions, if any, contained within each website or web page or attached to any products or Services.
6.2 The Company shall under no circumstances assume any responsibility for and shall not endorse unless expressly stated, information and/ Content created or published by third parties that is included in the Site and the Services or which may be linked to and from the Site.
6.3 The Company is excluded from all liability of any kind arising from your use of the Services, and in particular but without limitation to the foregoing, the nature of any Content. Notwithstanding the foregoing, The Company reserves the right to edit, bar or remove any Services and/or Content, at any time as The Company in its sole discretion believes to be necessary in order to prevent any breach of these Terms and Conditions or any breach of applicable laws or regulations and/ or in accordance with its business needs and internal policies and procedures.
6.4 The Company hereby declares that it shall use its reasonable endeavors to ensure the maintenance and availability of the Site and the Services but claims no responsibility and/ or liability under no circumstances for the results of any defects that exist on the Site and/ or Content.
6.5 Under no circumstances shall The Company be liable for damages including but not limited to any special, indirect, incidental, punitive or consequential damages or any damages whatsoever, whether in an action of contract, negligence, arising out of or in connection with the performance of or use of Services available on the Site and in particular, but without limitation to the foregoing, The Company specifically excludes all liability whatsoever in respect of any loss arising as a result of:
a. any loss of any Services or your Content resulting from delays, non-deliveries, missed deliveries, or Services interruptions; and
b. defects that may exist or for any costs, loss of profits, loss of your Content or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Site and the Services at any time.
6.6 Under no circumstances shall The Company be liable for the following:
a. any viruses, bugs and/ or any other disabling features that may affect your access to or use of the Site and/ or your device.
b. any incompatibility between the Site and other web sites, Services, software and hardware.
c. any delays or failures you may experience in initiating, conducting, or completing any transmissions or transactions in connection with the Site in an accurate or timely manner
Your sole and exclusive remedy under these Terms and Conditions is to discontinue sing the Site and/ or the Services in case you do not agree with these Terms and Conditions, or you are not satisfied with the Site and/ or Services, or you have any claims whatsoever against The Company in respect to the Site and/ or Services.
8 Indemnity By You
You hereby undertake to fully indemnify and to hold The Company harmless in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly of indirectly by The Company from and against any claim brought by a third party resulting from your breach or non-observance of any of these Terms and Conditions and/ or the use of the Site and the Services or the provision of Content to The Company by you and in consequence of such use of the Site and the Services or provision of Content.
9.1 Amendment The Company reserves the right to amend the Terms and Conditions, including any charges associated with the use of the Site. You are responsible for regularly reviewing these Terms and Conditions, and any additional terms posted on the Site. Your continued use of the Sites after the effective date of such amendments constitutes your acceptance of and agreement to such amendments.
9.2 Assignment - The Company may assign these Terms and Conditions in whole or in part to any third party at its discretion. You hereby undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof.
9.3 Severability - These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.
9.4 Waiver - The Company's failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Company in writing.
9.5 Governing Law and Jurisdiction - These Terms and Conditions shall be governed by and construed in accordance with the laws of the Hashemite Kingdom of Jordan, and you hereby submit to the jurisdiction of the competent Courts of Amman/ Abdali.
9.6 Representations - You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms and Conditions or not) other than as expressly set out in these Terms and Conditions as a warranty.
9.7 Force Majeure - The Company shall not be liable in respect of any breach of these Terms and Conditions due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom The Company is not responsible.
9.8 Termination, Access Restriction The Company hereby reserves the right to terminate this Agreement, or terminate or suspend your access to the Site and/ or Services at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Site and/ or Services will immediately cease.
9.9 Language These Terms and Conditions were drafted in two original counterparts both in the English and Arabic languages. In the case of contradiction between the two versions, the terms of the English version shall prevail.