Terms and Conditions

The Vita Mobile service Terms & Conditions apply to new and existing Vita Mobile customers. Issued 28 April 2008.

You should read these Terms & Conditions carefully, as they affect your rights and liabilities under the law and set out the terms under which HSL makes the Vita Mobile service available to you. For the meaning of words used in these Terms & Conditions beginning with capital letters see paragraph 15.

  1. What is Vita Mobile?

    Vita Mobile is a phone service that lets you make and receive Calls on a mobile telephone.

  2. When your Service Agreement begins

    1. By entering into this Service Agreement with us you promise that you are at least 18 years old.

    2. By clicking "I Accept" during the sign-up process you agree to enter into this Service Agreement with us and be bound by these Terms & Conditions.

  3. Changes to this Service Agreement

    We can change this Service Agreement at any time. We will notify you of any significant changes by email to the email address you gave us when you registered for Vita Mobile. If you continue to use the Vita Mobile service after the date on which the change comes into effect, your use of the Vita Mobile service indicates you agree to the changed Service Agreement and will be bound by it.

  4. Ending your Service Agreement

    1. You may cancel your Service Agreement by emailing or by writing to Customer Services (see Contact Us at paragraph 14). We will confirm that we have received your request and that the Vita Mobile service will no longer be available to you within 14 days from the date we receive your request.

    2. We may end your Service Agreement at any time by emailing you and giving you 30 days' notice. We may also end our Service Agreement with you immediately if: (a) you breach an important term of these Terms & Conditions (for example, you do not comply with paragraph 8.3 and we determine, at our sole discretion, that your use of the Vita Mobile service is, or at any time was, inconsistent with normal residential use patterns), (b) you breach any other term of these Terms & Conditions and do not put it right within 7 days of us asking you to, or (c) we are no longer able to provide the Vita Mobile service to you despite making all reasonable efforts to do so.

    3. We may end your right to use the Telephone Number at any time if you do not use the Telephone Number for a continuous period of three months or if you do not activate access to the Vita Mobile service. We will contact you to let you know we are ending your right to use the Telephone Number.

    4. Both of us must continue complying with this Service Agreement until we stop providing the Vita Mobile service to you. The end of this Service Agreement, for whatever reason, shall not affect either of our rights and liabilities.

  5. Use of personal information - including fraud prevention

    1. To learn how we collect and use your personal information, please see the Privacy Policy published on our website.

    2. If you change your name, address or telephone number you must let us know.

    3. We may monitor and record Calls made to or by Customer Services for training purposes and to improve the services we offer you.

  6. The Vita Mobile service

    1. We will use our reasonable endeavours to make the Vita Mobile service available to you. We provide the Vita Mobile service to you using a mobile subscription and a SIM card. You may keep your existing mobile number from another network and "port" it to Vita Mobile for use with the Vita Mobile service. We do not provide you with any other telephone numbers, a mobile telephone, or computer equipment needed to use the Vita Mobile service.

    2. Any Telephone Number allocated to you to use the Vita Mobile service can be transferred to another mobile provider.

    3. We may end your right to use the Telephone Number if we become unable to supply it to you, for example, in the event that Ofcom withdraws the Telephone Number. In any event we will attempt to provide as much notice as possible and attempt to offer an alternative Telephone Number where possible.

    4. When we provide you with the Vita Mobile service, we will use the reasonable skill and care of a competent service provider, but we cannot guarantee that the Vita Mobile service will always be available or fault-free and cannot guarantee that it will be secure or free from viruses and other similar threats. Vita Mobile service is dependent on Providers and can be affected by things outside of our control.

  7. Suspending your use of Vita Mobile service

    1. We may suspend your use of the Vita Mobile service immediately: (a) if we need to carry out repairs, maintenance or the introduction of new aspects to the Vita Mobile service (and we will try to restore the Vita Mobile service as soon as we can), (b) if we are told to by the Government, the emergency services or any other competent or lawful authority, (c) to protect you under paragraph 7.2, or (d) if any of the circumstances in paragraph 4.2 occurs.

    2. Sometimes, it may appear to us that there is an unusual use of the Vita Mobile service (for example, the volume of Calls increases significantly). We will only ever suspend Vita Mobile service like this in exceptional circumstances and will try to contact you beforehand (but this may not be possible).

  8. Your use of Vita Mobile service

    1. You must use Vita Mobile service in accordance with these Terms & Conditions and any other reasonable instructions we give you. Whilst we provide the Vita Mobile service to you, you authorise us to act on your behalf in all dealings with any Provider (as applicable) with whom we consider it necessary or useful to deal with in connection with Vita Mobile service.

    2. You must keep confidential all Passwords you have nominated, or been provided with as part of the Vita Mobile service, in connection with your Account(s). We cannot disclose information about your Account to anyone until we are satisfied as to their identity, and they have correctly quoted the Password to us.

    3. You may not, nor allow anyone else to, use the Vita Mobile service: (a) for any unlawful purpose, (b) to receive a Call for a malicious or fraudulent purpose or a part of a hoax, (c) to breach the rights of any third party (for example, copyright), or (d) in any way which may damage or affect the operation or quality of Vita Mobile service, or any telecommunications system. If you do not comply with any provision of this paragraph, you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) that we may suffer as a result.

    4. The Vita Mobile service is a retail service that is made available to you only for personal use and not for commercial or business purposes. If you do use the Vita Mobile service for business or commercial purposes in breach of these Terms & Conditions, you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) which we may suffer because someone (other than you) makes or threatens a claim against us because the Vita Mobile service is faulty or cannot be used by them.

    5. You must ensure that your access to the Vita Mobile service is not illegal or prohibited by laws which apply to you.

  9. Charges

    1. The charges for use of the Vita Mobile service are as published on the Vita Mobile website at www.vitamobile.com from time to time.

    2. All Charges include VAT @ 17.5%

  10. Our responsibilities to you

    1. We do not exclude or restrict our liability for: (a) death or personal injury caused by our negligence (or our agent's negligence), (b) fraud, (c) any liability under Part I of the Consumer Protection Act 1987, or (d) any of our liabilities that cannot by law be restricted.

    2. We are responsible for direct losses you suffer as a result of us breaking this Service Agreement with you if the losses are a foreseeable consequence to both of us at the time you enter into this Service Agreement. Our liability shall not in any event include losses which happen as a side effect of the main loss or damage or which are not foreseeable by you and us (such as business losses such as loss of profits, wasted expense or loss of opportunity). If you suffer any loss you must let us know as soon as possible by contacting Customer Services.

    3. Subject to paragraph 10.2, we will also not be responsible for any faults, damage or maintenance to your mobile telephone. If you do experience a problem with the Vita Mobile service you should contact Customer Services. If the problem relates to another Provider we may suggest that you contact your Provider directly to resolve the problem.

  11. Events beyond our control

    1. Mobile telephone networks and other Providers provide the public telephone network. Because of this, there may be times when the Vita Mobile service is unavailable. Unfortunately, this is beyond our control and there is nothing we can do to prevent this.

    2. We shall not be responsible for any delay or failure to provide the Vita Mobile service for reasons beyond our reasonable control, for example fire, explosion, lightning, storm, tempest, flood, earthquakes, riot and civil commotion, failure by a utility company, local authority or other such body, any failure or shortage of fuel or transport, war, civil war, armed conflict or terrorism, or nuclear, chemical or biological contamination, or any blockade or embargo, or any official or unofficial strike or other dispute.

  12. General provisions

    1. You may not transfer any of your rights or responsibilities under these Terms & Conditions to anyone else without obtaining our consent. We can transfer all or any part of our service with you at any time provided the service you receive is not significantly reduced.

    2. If at any time we do not require you to comply with these Terms & Conditions, this does not prevent us from asking you to at a later time.

    3. If any part of these Terms & Conditions is found to be invalid by any Court or other regulatory or competent body, the invalidity will not affect the rest of the Terms & Conditions, which shall remain in force.

    4. Any notices or communications that you send to us will be sent to Customer Services. Any notices or communications that we send to you must be sent to the email address you registered with us.

    5. A person who is not a party to your Service Agreement with us has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any part of this Service Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

    6. Scottish law applies to your Service Agreement with us, and any disputes about this Service Agreement will be decided exclusively within the Scottish courts.

  13. Complaints

    1. We want to give you a great service. However, if you are unhappy with any aspect of our service then please contact Customer Services. Alternatively you may contact Otelo, the telecommunications ombudsman, with your complaint at any time. We ask that in the first instance you make your complaint to Vita Mobile by contacting Customer Services. Otelo can be contact at www.otelo.org.uk or by post: Otelo, PO Box 730, Warrington, WA4 6WU.

  14. Contact us

    1. If you have any queries please contact us. http://www.vitamobile.com/

  15. Meaning of certain words

    Account(s)
    the account designation issued by us to you which (together with your Password) allows you to access the Vita Mobile service;
    Calls
    Voice, MMS and/or SMS calls received using the Vita Mobile service;
    Charges
    the charges which you have to pay for the Vita Mobile service;
    Service Agreement
    the agreement between you and us made up of the following: the Terms & Conditions;
    Telephone Number
    the telephone number allocated to you for use with your Account;
    Terms & Conditions
    these Terms & Conditions, as updated from time to time;
    we or us
    Hay Systems Limited, whose registered office is at 1-4 Atholl Crescent, Edinburgh, EH3 8LQ;
    you
    you, the customer who agrees to these Terms & Conditions, including any person we reasonably believe is acting with your authority or knowledge.

Last Updated: 28/04/2008