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WEB SITE TERMS OF USE
In consideration for the use of our Web site at www.m3wireless.bm (the "Site"), you agree
to
"Terms of Use"):
ABOUT THIS SITE AND THESE TERMS
M3 Wireless Ltd ("M3 Wireless Ltd", "we", "our" or "us") owns and operates the Site from a server
in Bermuda. Our administrative offices are located at 30 Victoria Street, Hamilton, Bermuda and our
retail store is located at 3 Burnaby Street, Hamilton, Bermuda. We provide the Site for information
and as a service to our customers in Bermuda. It is not intended for use outside Bermuda. We may
discontinue or change the Site, including these Terms of Use, any Content or services available
on the Site, at any time without notice.
COPYRIGHT, TRADEMARKS & OTHER INTELLECTUAL PROPERTY RIGHTS
"Content" includes what you may see, read, hear, download or access on or from the Site in
any form (including HTML and Java code). All Content is protected by copyright and/or other
intellectual property laws under Bermuda and foreign laws. Certain names, words, brands or
devices on the Site may be the exclusive trade marks of M3 Wireless Ltd in Bermuda or of their
respective owners, protected at common law or registered in Bermuda or other countries.
Using the Site will not give you a license to exercise any intellectual property rights, unless
expressly stated.
You may display, copy, print and download any Content from the Site for your personal,
- change or delete any copyright or proprietary notices from the Content;
- adapt, alter, translate, copy, reproduce, store, perform, show, play, broadcast, publish,
repost, transmit, distribute, or otherwise use any of the Content for any commercial or
public purpose;
- decompile, reverse engineer or create derivative works from any downloadable software;
- transfer the Content to another person or Web site or computer network, including any
personal Web site or network; and
- pass off or otherwise infringe the intellectual property rights of M3 Wireless Ltd or others.
Except as provided above or authorised by law, you must not, directly or indirectly, adapt,
alter, translate, copy, reproduce, store, perform, show, play, broadcast, publish, repost,
transmit, distribute, or otherwise use any Content on the Site without the written consent of
M3 Wireless Ltd or the relevant owner. You must not use any trademark displayed on the Site
without the written consent of M3 Wireless Ltd or the relevant owner. Parts of the Site may
contain other proprietary notices and copyright information, which must be observed and
complied with.
LINKS TO OUR SITE
If you use a hypertext reference (HREF) link to our Site, you do so at your sole risk and you
agree to link to our home page only and not to frame our Site. Your link to us or any comment,
material or services associated with the link must not: infringe our intellectual property rights;
defame or disparage us, our services or goods; diminish our goodwill; be false, misleading,
obscene or unlawful; negatively affect us; or imply that we endorse your Web site, services or
goods. If you wish to link our Site from your Web site, please provide us the exact URL address
of the Web site page where the link is to appear, the legal name of the owner and operator of
the Web site, and your name and e-mail address. We may remove the link without notice to
you or require you to remove the link and reference to our Site at any time. You must not use
a deep link or an image (IMG) link, or use the M3 Wireless Ltd. logo or any of our trademarks
as a "hot" link, to our home page or any other part of the Site, without entering a written link
agreement with M3 Wireless. For notices and queries about links, please e-mail
marketing@m3wireless.bm or write to us at M3 Wireless Ltd., PO Box HM 705, Hamilton,
HM CX Bermuda attn: Marketing Department.
ACCURACY AND CURRENCY DISCLAIMER
You use the Site, including the Content and services available on it, at your sole risk.
Although we try to ensure the accuracy and currency of the Content we post on the Site,
we do not represent or warrant that the Content on the Site is accurate, complete or up-to-date,
or free of technical or typographical errors..
LINKS TO THIRD PARTY WEB SITES
The Site may contain informational or advertising links or references to external Web sites that
are owned, operated, developed and controlled by others and not by us. We do not endorse or
authorize access to those external Web sites or any content, services and goods on or through
them. You use those links at your own risk and are urged to review their legal and privacy
notices, terms and conditions.
We will not be responsible for or liable to you for any losses or damages resulting of your use
of links to or from external Web sites or of any dealings you have with such third parties.
VIRUSES
We cannot and do not represent or warrant that Content or services available for use or
downloading through the Site will be free of viruses, worms, Trojan horses, or other code with
contaminating or destructive properties.
You should take precautions, including scanning for viruses and having a complete and current
back up of files on your computer system.
NO REPRESENTATIONS OR WARRANTIES
EVERYTHING ON THE SITE (INCLUDING ITS CONTENT, SERVICES AND LINKS) IS
PROVIDED TO
YOU "AS IS" WITH ALL FAULTS, AND TO THE MAXIMUM EXTENT
ALLOWED BY LAW, WITHOUT
REPRESENTATION, WARRANTY OR CONDITION OF ANY
KIND, WHETHER EXPRESS OR IMPLIED
OR STATUTORY, INCLUDING BUT NOT LIMITED
TO THOSE OF MERCHANTABLE QUALITY,
MERCHANTABILITY, QUALITY OR FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY
RIGHTS, COURSE OF DEALING OR INTER-OPERABILITY.
LIMITATION OF LIABILITY
To the maximum extent allowed by law, WE WILL NOT BE LIABLE FOR ANY DAMAGES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR
ECONOMIC OR COMMERCIAL LOSS, LOSS OF PROFITS OR REVENUE OR EXPECTED SAVINGS,
BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF PROGRAMS OR OTHER DATA ON YOUR
INFORMATION HANDLING SYSTEM OR OTHERWISE, OR LOSS OF USE, ARISING OUT OF YOUR
ACCESS, USE OR INABILITY TO USE THE SITE OR ANY LINKED OR REFERENCED WEB SITE,
OR ANY ERRORS OR OMISSIONS OR OTHER DEFECTS IN THE CONTENT, IN CONTRACT, TORT,
STATUTE OR OTHER THEORY OF LIABILITY, EVEN IF WE KNOW OR HAVE BEEN EXPRESSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EVERY LIMITATION OF LIABILITY AND DEFENCE WILL EXTEND TO AND FOR THE BENEFIT OF
OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS
AND SUBCONTRACTORS.
Without limiting the foregoing, to the maximum extent allowed by law, our total liability to you,
in contract, tort, statute or other theory of liability, arising in relation to the Site (including the
Content and these Terms of Use) is limited to fifty (BM$50.00) Bermuda dollars.
NO ADDITIONAL WARRANTY
Nothing on the Site shall add to or change any contract for services or goods you may have
with M3 Wireless Ltd, its suppliers or affiliates. Nothing on the Site shall be construed as a
further or additional representation or warranty. You shall construe nothing on this Site as
being an offer by us, only as an invitation to treat.
INDEMNITY
You agree to defend, indemnify and hold us harmless from any and all losses, claims,
damages, liabilities, costs and expenses (including reasonable legal fees and expenses)
related to or associated with your use of the Site or someone using your account and password
or your or such user's violation of these Terms of Use.
REGISTRATION AND CANCELLATION You may need to register with us to access certain parts of the Site, in which case:
- you must give accurate and complete registration information and advise us of any changes;
- you must safeguard any user name, password and account that we give you;
- you authorize us to assume that any person using the Site with your user name and password
is either you or is authorized to act for you; and
- you agree to immediately notify us of any unauthorized use of your user name, password
or account.
We may, at our sole discretion, suspend your access or cancel your registration if we believe
you have breached these Terms of Use, including any additional terms and conditions
applicable to the part of the Site or service for which you have registered. After your access is
suspended or your registration is cancelled, we may delete any Content you posted or
accessible only to you on or via that part of the Site. All terms and conditions that by their
nature extend beyond the suspension of your access or termination of your registration,
including our disclaimers and limitations of liability and your obligations to pay any amount owed
and to indemnify us, will survive suspension of your access or termination of your registration.
WHAT YOU MUST NOT DO OR COMMUNICATE
Without limited the generality of the foregoing, you must not post, upload, publish, reproduce,
transmit or otherwise distribute any material or Content on the Site that:
- is likely to give rise, or to encourage conduct that would give rise to criminal or civil liability;
- you do not have the right to post, upload, publish, reproduce, broadcast, transmit or
otherwise distribute;
- passes off or infringes any copyright, trade mark, patent or other intellectual property
right of another person;
- is in contempt of any legal proceedings;
- is false or misleading;
- is intended to incite or is likely to excite or promote ill will or hostility against any section
of the public, or indicates discrimination or an intention to discriminate against any person
or class of persons, because of race, place of origin, colour or ancestry, ethnic or
national origins sex, marital status, birth out of lawful wedlock, religious beliefs
or political opinions;
- is offensive, or of an indecent, obscene or menacing character;
- is likely to cause, or is for the purpose of causing, annoyance, inconvenience
or needless anxiety to another;
- is defamatory;
- impersonates any person or misrepresents your relationship with any person
or authority;
- contains unsolicited or unauthorized advertising;
- contains viruses, worms, Trojan horses or other code with contaminating or
destructive properties; or
- interrupts or interferes with or adversely affects any software or hardware
or use of the Site or the Internet by others or us.
You must also not use the Site:
- in a manner or for a purpose prohibited by law (including without limitation, to send
or communicate messages, conduct activities or otherwise use the service
in contravention
of the Telecommunications Act 1986, the Obscene Publications Act 1973, the Criminal Code
Act 1907, the Proceeds of Crime Act 1988, the Human Rights Act 1981,
or the Tenth Schedule
to the Companies Act 1981);
- to send or communicate bulk, unsolicited Electronic Records (as defined in the Electronic
Transactions Act 1999) to persons with whom or which you have no relationship
(either contractual or personal) or to persons that have not otherwise consented to receive
such Electronic Records; or
- to access, or enable others to access, parts of the Site or Content to which you are not
authorized to access, including the personal information of other users of the Site.
SECURITY SAFEGUARDS
Please note that communications sent over the Internet, particularly unencrypted e-mail, are
subject to possible interception, loss, change or forging.
M3 Wireless Ltd will not be responsible for any damages you may suffer from the transmission
of confidential information that you make to M3 Wireless Ltd or any third party, or request M3
Wireless Ltd or any third party to make to you through the e-mail links provided or addresses
given on the Site. M3 Wireless Ltd is not responsible for any errors or changes made to, or loss
or interception of, any transmitted information. Such transmission is at your own risk.
Parts of the Site may use encryption during transmission and require that your browser be
enabled for Secure Sockets Layer (SSL) protocol. Unless otherwise noted, access to any part
of the Site that requires you to register and provide a password and/or other identification is
PRIVACY POLICY
We are committed to protecting your personal privacy and subscribe to the provisions of the
Standard for Electronic Transactions issued under the Electronic Transactions Act 1999 of
Bermuda. This privacy policy ("Policy") outlines the type of information that is collected by us
on this Site, and how it is used and protected. This Policy also tells you what to do if you do
not want Personal Information collected when visiting the Site.
"Personal Information" means personally identifiable information such as (but not limited to)
your name, street address, telephone number, debit/credit card information, screen name and
email address.
By using the Site, you agree with the terms of this Policy. If you do not agree with any term in
this Policy, you should not provide any Personal Information on the Site. Links to third-party
web sites are not governed by our Policy.
If you choose not to provide Personal Information on this site, you will not be able to access
particular areas of the Site.
When you provide us with Personal Information, you are authorizing us to use that information
in accordance with the terms of this Policy.
Except as set out in this Policy, we will not sell or pass any Personal Information to third parties.
When you supply Personal Information about yourself to us for a specified purpose, we use that
information for that purpose only.
Please note that we will release your Personal Information if required to do so by law, or by
search warrant, subpoena or court order or in order to fulfill our obligations to you.
Any Personal Information that you provide to us, will not be shared with third parties other than
companies affiliated with us and our service providers unless you specifically authorize it or
unless required by law. We may share non-personally identifiable information that we collect
through the Site with third parties in addition to companies affiliated with us and our service
providers in order to assess the results of a promotion, event or third party relationship, to
provide information to current or prospective customers or to enhance your online experience.
We may use cookies to collect non-personally identifiable information during your visit to the Site.
Non-personally identifiable information that may be collected by us includes details such as
which pages people view, which browsers people use when visiting the Site, how many people
visit the Web Site and from which domains people come. None of this information is associated
with you as an individual. If you do not wish to receive cookies, your browser can be set to
refuse cookies or to alert you when cookies are being sent. Refusal of cookies from the Site
may result in your inability to visit certain areas of the Site.
We may use agents, contractors or companies to perform services on our behalf in order to
provide you the services on this Site. When we do so, we will require such agents, contractors
or companies to use the Personal Information only for the purposes of performing such services
and to maintain it in confidence, subject to legal requirements.
We take reasonable precautions to keep all Personal Information secure. As a telecommunications
carrier, M3 Wireless Ltd maintains the confidentiality of your information under the
Telecommunications Act 1986, as amended.
We may use e-mail to respond to visitors' e-mails or to send information that a visitor has
requested. We also have an opt-in e-mail mailing list for promotions. E-mail addresses entered
on the Site are added to the list. If you receive an unwanted e-mail from us, you can
unsubscribe by:
(a) clicking on the "unsubscribe" link on the e-mail and following the instructions, or
(b) contacting us at marketing@m3wireless.bm or calling (441) 333-3000 to request removal
from the list.
We reserve the right to update or remove this Policy at any time. You should check back
frequently to note any recent changes to the Policy.
Should you have any questions or concerns about this Policy or if you want to report any
violations of it, then you may e-mail us at marketing@m3wireless.bm or contact us at
(441) 333-3000.
MONITORING
We may, but are not obligated to, monitor any material or Content residing on or transmitted
to our server.
We may, without notice, change or remove any material or Content residing on or transmitted
to our server that we, in our sole discretion, believe is unacceptable or violates the law or
these Terms of Use.
We may, without notice, block or terminate your access to use the Site or any part of it to
protect it or our services or if required by law or we, in our sole discretion, believe you are in
breach of these Terms of Use.
APPLICABLE LAW & GENERAL PROVISIONS
Any claim arising out of the Content or the use of the Site shall be governed by and construed
in accordance with the laws of Bermuda, without giving effect to any principles or conflicts of law.
You irrevocably submit to the non-exclusive jurisdiction of the courts of Bermuda. If you use
the Site from outside Bermuda, you do so at your own risk and you alone are responsible for
complying with applicable laws.
Our failure to insist upon or enforce strict performance of any provision in these Terms of Use
shall not be construed as a waiver of such provision or any right.
If any part of these Terms of Use or any additional terms and conditions applicable to certain
parts of the Site is found by any court or tribunal of competent jurisdiction to be void, invalid or
unenforceable, it shall be given effect to the greatest extent possible and the remainder will
continue to apply.
These Terms of Use, together with any additional terms and conditions applicable to certain
parts of the Site and certain services, constitute the entire agreement between you and us and
supersede all prior agreements relating to the subject matter thereof. In the event that there is
a conflict between these Terms of Use and any other terms and conditions applicable to certain
services and certain parts of the Site, the terms and conditions applicable to certain services
and certain parts of the Site shall prevail.
We may, by posting on this Site, change these Terms of Use from time to time. Please check
back regularly to keep abreast of any changes.
For avoidance of doubt, by accessing this Site, you agree to be bound by these Terms of Use.
If you have any questions regarding these Terms of Use or this Site please contact us at
marketing@m3wireless.bm
Copyright © 2005 M3 Wireless Ltd. All rights reserved.
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