1. General
1.1 Your use of the Vodafone Chat service via WAP or TXT and the Vodafone mobile network (Chat) is governed by our standard form of agreement (SFOA) and the following terms and conditions. Please read these terms and conditions carefully. By using Chat you agree to be bound by these terms and conditions in addition to the SFOA. We may amend these terms and conditions from time to time without notice to you. However, if you do not agree with the changes that we wish to make, you may cease using Chat without penalty.
1.2 Chat is available to all customers 18 years and over excluding Jumbo Cap customers, 24 hours a day, 7 days a week.
Customers must unlock Parental Lock to access Chat.
1.3 Chat may raise risks for users. We strongly encourage parents to take time to understand and consider the risks involved. You can get further information from us by viewing our Play Safe Guidelines.
2. Filtering & Moderation
2.1 Chat is not private. We, and/or third parties contracted by us, may at any stage electronically filter and/or use human moderators to filter and moderate usernames and/or the content of Chat, including messages exchanged in “one-to-one” or “private” Chat, before this content is posted.
2.2 If we consider, in our absolute discretion, that the Chat content which we filter or moderate does not comply with applicable laws and/or our guidelines or policies from time to time, we may decide not to post the content and/or block or ban the originator of the content without prior warning.
2.3 We do not warrant or represent that Chat will always be filtered and/or moderated. We may, from time to time, employ other safety measures which we reasonably believe meet our obligations.
2.4 Any personal information that we obtain as result of filtering or moderating Chat content will be dealt with in accordance with our Privacy Policy. Other than as set out in our Privacy Policy, you have no rights to any data maintained or transmitted when using Chat.
2.5 While we are not obliged to, we may keep records of Chat content and other material related to the Chat content.
3. Your Obligations
3.1 You must comply with all applicable laws when using Chat. You must also comply with our guidelines or policies and any instructions received from our Moderators in your use of Chat from time to time.
3.2 You must not use Chat to send messages that:
a. are indecent, obscene or otherwise offensive;
b. menace, harass, defame or vilify another person or group of people;
c. contravene any applicable laws, including any reference to illegal acts including child abuse, child pornography, drug use or supply or descriptions of violent or sexual acts;
d. are misleading or deceptive as to your identity;
e. interfere with any other person’s use of Chat or Vodafone’s network;
f. advertise products or services; or
g. are for commercial purposes.
3.3 You agree that you will not use Chat to:
(a) disclose any contact details including names, addresses, telephone numbers or email addresses to another user of Chat;
(b) solicit or attempt to solicit any personal information from another user of Chat; and
(c) induce or attempt to arrange to meet another user of Chat.
3.4 We reserve the right to take any and all action we consider necessary with respect to Chat which contravenes these terms and conditions, including blocking or banning users and providing records, copies of Chat transcripts and/or any information provided by you including your address or other contact details to relevant authorities.
4. What are the Charges for Chat?
4.1 If you are using Vodafone live! Chat, you will be charged at the rate of $1 per day (24 hours from when you make the purchase), which includes 10 messages to send; or $5 recurring monthly subscription (recurring every 31 days from when you make the purchase), which includes 100 messages to send. Extra messages can be purchased: $1 for ten extra messages, $3 for 40 extra messages or $5 for 85 extra messages. To unsubscribe go to the Vodafone live! home page on your phone, click on My Vodafone, and then navigate to the My Subscriptions page. You can click to unsubscribe.
4.2 If you are using Chat via TXT you will be charged at the rate of 25 cents (GST inclusive) per TXT message of 160 characters you send regardless of whether the TXT message is actually received. If one message is more than 160 characters each additional character will form part of a new message up to a maximum of 154 characters per subsequent message.
4.3 You will be charged for your use of Chat even if you have been blocked or banned by our Moderators.
5. Liability and Indemnity
5.1 You participate in Chat at your own risk. While we take all reasonable steps to protect users of Chat, we take no responsibility for Chat content you view or send/ receive and we cannot and do not warrant or represent that Chat is a “safe” environment.
5.2 You indemnify us against any and all liability to the full extent possible under law from any claim or liability relating to your use of Chat.
5.3 To the extent permitted by law, we, and our employees, officers, agents contractors and related bodies corporate exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of Chat whether or not this is caused by a negligent act or omission. To the extent that we (and each other party) are prohibited at law from excluding liability, we (and each other party) limit our liability to the extent permitted by law, to the resupply of Chat or a refund of the charges paid by you in relation to the specific incident to which the liability relates.
5.4 Our failure to exercise or enforce any right or provision under these terms and conditions does not constitute a waiver.
6. Services and Network
6.1 Chat and related services may be provided by us and/or a third party contracted by us. We may suspend or cease providing Chat at anytime, in our absolute discretion and without notice.
6.2 We do not guarantee that Chat will be available at all advertised times and be fault-free. Chat is subject to our network capacity and other restrictions. We may alter or cancel Chat without notice to you.
6.3 In addition to our rights under the SFOA, we are able to cancel, suspend or restrict your use of Chat at any time and for any reason, including, if:
a. we reasonably believe that network traffic generated by Chat is impairing, interfering with or damaging our network; or
b. we need to do maintenance to or protect our network or systems, or
c. you do anything which breaches these terms and conditions; or
d. you are a Prepay Customer and your account does not have sufficient credit to cover charges incurred as a result of your use of Chat; or
e. we reasonably believe your use of Chat is excessive and may expose you to financial hardship.
