DigiAssist

TERMS OF USE

These DigiAssist Terms of Use (the "Terms") apply to you and govern your use of the DigiAssist application (the "App"). You should read these Terms carefully before using the App.

"We" or "us" means Digicel (Trinidad & Tobago) Limited, a company registered under the laws of the Republic of Trinidad and Tobago with registered office at 11C Maraval Road, Port of Spain, Trinidad. References to "we", "our" and "us" in these Terms also includes our subsidiaries and affiliates ("Affiliates") from time to time.

"You" means the person accessing or using the App or viewing its content (and "your" shall have the same meaning).

By accessing or using the App, whether occasionally, frequently or permanently, or by otherwise indicating your consent, you agree to be bound by these Terms.

If you do not agree to or accept any of these Terms, you should stop using this App immediately

You may not transfer or assign any obligations or responsibilities arising from these Terms to third parties in any way whatsoever, and may not make any third party a partner to responsibilities written in these Terms and therefor in related legal provisions due to any reason whatsoever.

1. Description of the App

1.1 DigiAssist is an application that is designed to allow you, as a Digicel+ customer, to go online to perform simple troubleshooting for broadband internet issues, such as, slow speed.

1.2 To access the App, you must have internet access, visit: https://service.digiceltt.com/digiassist/ and click on “Login”, where you will be directed to enter your Digicel ID and password to be authenticated before proceeding.

1.3 We reserve the right to modify, suspend, remove or disable access to the App and any content or other materials that are offered on the App at any time, without notice. Consequently, we will neither be responsible towards you nor any third party for any modification, suspension, removal or discontinuance of the App.

2. RIGHTS, OBLIGATIONS, AND USE OF THE APP

2.1 You shall be solely responsible for all associated fees and costs incurred by you for connectivity and data usage in relation to your use of the App.

2.2 All content available on the App, including but not limited to images, software, text, videos and audio or other multimedia content in digital format or other material or information submitted to or on the App, are available only for your personal and non-commercial use.

2.3 You agree to not: a) pretend to be someone else and/or use personal information of a third party to access or use the App; b) violate any law through or on the App; c) cause annoyance or disturbance to third parties through or on the App; d) use any device or software to interfere or attempt to interfere with the proper working of the App, including but not limited to disrupting or intercepting it; e) use any robot, spider, other electronic device, automatic, or manual process, to hack, monitor or copy the App or any content published on it; f) use the App in any way that may cause harm to it or have a detrimental impact on our users’ experience; g) use the App to advertise any products or services without permission; h) transmit information or material that may violate rights of third parties or contain any virus or other harmful component; or i) use the App in any other way that is inconsistent with these Terms.

2.4 You are solely responsible for keeping your password and other login credentials secured, and for all services requested through your registered online account. You must immediately advise us if your account information is compromised or you have reason to believe it is compromised.

2.5 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us in the event you have a query or complaint about the use of your personal information.

2.6 Our privacy notice is available here

3. INTELLECTUAL PROPERTY RIGHTS

3.1 The App may contain information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content (collectively, "Content") of us, our Affiliates and our licensors and assignors.

3.2 The App and its Content are protected by copyright, trademark, patent, trade secret and other laws and we own and retain all rights in the Content and the App. We hereby grant you a limited, revocable, non-sub-licensable, non-transferable right to access the App. Nothing in these Terms grants you any legal rights in the App other than is necessary to enable you to access the App and engage in the activities and transactions made available to you on and through the App.

3.3 Except as provided in these Terms or as explicitly allowed in any additional terms on any applicable service, you may not copy, download, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise use any Content contained in or through the App.

3.4 Except as explicitly and expressly permitted by us, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away.

3.5 You may not, either directly or through the use of any device, software, internet application, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained on the App or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the Content, including geo-filtering mechanisms.

3.6 Except as necessary in order to make reference to DigiAssist in a purely descriptive capacity, you are expressly prohibited from using any Content in any manner. You may not, without our written permission, "mirror" any Content contained on the App.

4. WAIVER OF COMPENSATION

4.1 You agree to fully indemnify us and our Affiliates, directors, shareholders, employees, licensors, contract staff, partners, agents and customers that display their marks in conjunction with us, in respect of any damage or loss suffered by you, including legal costs and attorneys' fees, which arise from your misconduct or any violation of these Terms on your part.

4.2 You agree to refrain from taking any action or issuing any claim against us and our Affiliates, directors, shareholders, employees, or agents with respect to your use of the App or any action undertaken by us in which we have removed any information or content, or taken any other action during the investigation of a suspected violation.

5. WARRANTY AND LIMITATION OF LIABILITY

5.1 The App is provided "as is" and without warranty or condition. We do not guarantee, represent or warrant that your access to the App will be uninterrupted, error-free or operable at all times or during any down time (a) caused by outages to any public internet backbones, networks or servers; (b) caused by any failures of your application, equipment, systems or local access services; (c) for previously scheduled maintenance; or (d) relating to events beyond our control, including but not limited to strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions in internet services to an area where our or your servers are located.

5.2 In no event shall we, our Affiliates, directors, shareholders, employees, licensors, contract staff, partners, officers or agents, be liable for any damages whatsoever, including, but not limited to any incidental, consequential, special, exemplary or other damages directly or indirectly arising out of: (a) the use of or unavailability of the App; (b) any action taken in reliance on or response to any Content published on the App; (c) any claim attributable to errors, omissions or any inaccuracy in the Content; or (d) any other matter in connection with the App, however caused, even if we have been advised of the possibility of such damages.

6. HYPERLINKS AND THIRD-PARTY APPS

6.1 We may enable access to our other services, sites and applications as well as third-party services, sites and applications. You access these at your own discretion and risk. We are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such services, sites or applications.

6.2 The display of any hyperlink and reference to any third-party services, sites or applications does not mean that we endorse that third party’s application, site, products or services.

6.3 Your use of a third-party application may be governed by the terms and conditions of that third-party application. We strongly advise you to read the terms and conditions and privacy policies of any third-party web applications or services that you visit.

7. CUSTOMER SUPPORT

7.1 For customer support, or to report a problem or send us your feedback, please contact us by selecting the “Escalate Case” button on the App.

7.2 While engaging with our customer support, you agree not to interact with any customer service representative in any way that is harassing, insulting, threatening, defamatory or contrary to good morals.

8. MODIFICATIONS TO THE TERMS

8.1 We reserve the right to make changes to these Terms from time to time. Our updated Terms will be displayed on our App and by continuing to access or use the App following the changes, you agree to be bound by any changes made by us. Please check frequently to see if we have updated them.

9. DISPUTE RESOLUTION AND OTHER TERMS

9.1 You shall also be subject to the Terms of Use of the Digicel website, Digicel+ Terms and Conditions and to other terms and conditions governing the use of any service or product accessed using the App.

9.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

9.3 Any dispute or claim relating to or in connection with the execution or enforcement of these Terms or use of the App, including without limitation, any dispute regarding the validity, interpretation, enforceability or breach of which, will be exclusively and finally resolved by the courts of the Republic of Trinidad and Tobago.