Introduction These specific terms and conditions (“Service Specific Terms”) apply in relation to the provision of the Service by Etisalat to the Customer, in addition to the other constituent parts of the Agreement between Etisalat and the Customer.
Definitions
(a) “Agreement” means the entire contractual agreement between Etisalat and the Customer in relation to the Service, comprising of those constituent parts listed in clause 2(b) and 3 of the General T&Cs (Consumer).
(b) “Customer” means the person who purchases or subscribes to the Service.
(c) “Etisalat” means Emirates Telecommunications Group Company P.J.S.C. and any of its wholly-owned subsidiaries.
(d) “General T&Cs (Consumer)” means Etisalat’s general terms and conditions for consumer (i.e. non-business) products and services, which are published on Etisalat’s website and are also available through the other communications channels referred to in clause 2(h) of General T&Cs (Consumer).
(e) “Video Pass” or “Service” means bundle of telecom services (dedicated local data for select video services) and additional non-telecom services (subscription offers for video services, accessory discounts, monthly raffles for access to events, meet and greets and other free giveaways) available for Postpaid Customers of Etisalat as described in more detail in clause 3, which the Customer can subscribe to from Etisalat website, Etisalat self-care portal, My Etisalat UAE mobile app, Etisalat business centers and Etisalat contact center.
(f) “Content Pass” means bundle of telecom services (dedicated local data for select lifestyle services, including but not limited to music, gaming, video, social or internet calling) and additional non-telecom services (subscription offers for lifestyle services, accessory discounts, monthly raffles for access to events, meet and greets and other free giveaways) available for Postpaid Customers of Etisalat, which the Customer can subscribe to from Etisalat website, Etisalat self-care portal, My Etisalat UAE mobile app, Etisalat business centers and Etisalat contact center.
(g) “Content” means music, gaming, video or other rich content in the form of streaming, downloads, cloud gaming etc. provided by Partners through the Partner’s website or Partner’s applications for the Service as defined in (i) below.
(h) “Partner” means the third party that has contracted with Etisalat for the provision of the Service/ Content.
(i) “Partners’ Applications for the Service” means a software application developed by Partner for use on mobile devices and tablets that use a particular mobile operating system, which application delivers, inter alia, audio-visual content to particular mobile devices that use that mobile operating system;
(j) “Customer’s Account” means the account created by the Customer to access the subscription service operated by the Partner.
SERVICE DESCRIPTION
(a) The Service is a subscription and access pack for Video Pass – part of a larger group of bundles called Content Passes. Service details are available at www.etisalat.ae/cp.
(b) General Rules of the Service:
i. All Postpaid consumer Customers may subscribe to the Video Pass;
ii. Video Pass subscription will be auto-renewed every month;
iii. Customers may subscribe to the Video Pass only once - they cannot re-subscribe to Video Pass if it is already active;
iv. Customers can have different Content Passes at the same time – for example, Video & a different Content Pass may be subscribed together;
v. Video Pass subscription will be available from Etisalat website, Etisalat self-care portal, My Etisalat UAE mobile app, Etisalat business centers and Etisalat contact center.
vi. Video Pass will have 5 main parts (Service details are available at www.etisalat.ae/cp):
a. 10GB dedicated local data for select Video services;
b. Partner subscription offers;
c. AED 100 discount on select accessories;
d. Access to events/ meet & greets for select winners via monthly raffle; and
e. Free vouchers for select winners via monthly raffle.
vii. For the first month of activation, prorated rental will be charged and prorated allowances will be given;
viii. Data benefit can be used locally within UAE only;
ix. Unused allowances will be forfeited at end of every month;
x. Customers will receive notification on 50%, 70%, 90%, 100% data usage - Customers may also dial *101# or check My Etisalat UAE mobile app to check their data balance;
xi. Video Pass will co-exist with other data and combo packages;
xii. In case of co-existing data packages, dedicated Content data will be consumed first, before the regular postpaid data (plans / add-ons);
xiii. Once Video Pass data is consumed, Customers will be able to continue using included video services from their primary Postpaid plan's local data allowance or any subscribed data pack;
xiv. All Video Pass benefits can be managed by Customers using Etisalat self-care portal, or My Etisalat UAE mobile app;
xv. On Postpaid plan migration, Customer's active Video Pass will continue to the new plan;
xvi. Video Pass monthly fee of AED 100 (excluding VAT) will be charged as long as the Customer remains subscribed to the Video Pass, irrespective of usage of included benefits.
(c) The following rules shall be applicable only for Partner Subscription Offers:
i. Etisalat will update (remove/ add) apps and subscription offers within Video Pass from time to time based on deals with Partners;
ii. Partners subscription offers will be subject to Partners’ terms and conditions;
iii. Customers who buy the Video Pass with a certain Partner benefit will receive a 1 month notice if the Partner or offer is removed/ updated;
iv. Customers will not be automatically subscribed to a new Partner or offer in case the existing Partner or offer is removed/ replaced - they will have to opt-in to the new Partner or offer from Etisalat self-care portal or My Etisalat UAE mobile app.
(d) The following rules shall be applicable only for Accessory Discounts:
i. Video Pass will offer AED 100 discount on a selection of devices and accessories;
ii. List of devices and accessories eligible for discount will change periodically;
iii. Customers will be able to redeem the accessory discount once per month.
(e) The following rules shall be applicable only for Events/ Meet & Greets:
i. Customers will be able to participate in monthly raffles for access to Events/ Meet & Greets as part of their pass benefits every month;
ii. Details of Events/ Meet & Greets and number of winners will be announced at least 1 month before the event;
iii. Customers will have to opt-in to participate in the raffle via Etisalat self-care portal or My Etisalat UAE mobile app;
iv. Raffle winners, selected randomly, will be communicated to via SMS & email after the lucky draw with event details.
(f) The following rules shall be applicable only for Free Vouchers:
i. Customers will be able to participate in monthly raffles to win free vouchers as part of their pass benefits every month;
ii. Details of free vouchers and number of winners will be announced at least 1 month before the giveaway;
iii. Customers will have to opt-in to participate in the raffle via Etisalat self-care portal or My Etisalat UAE mobile app;
iv. Raffle winners, selected randomly, will be communicated to via SMS and email after the lucky draw with voucher redemption details.
COMMENCEMENT & DURATION
(a) The Agreement is valid and binding on and from the date on which it is submitted to and accepted by Etisalat (the “Effective Date”).
(b) The Service shall commence on the Effective Date.
(c) The Agreement has a term of one (1) month (billing cycle) with auto-renewal starting on the date on which Etisalat makes the Service available to the Customer (“Activation Date”).
CUSTOMER OBLIGATIONS, RESTRICTIONS & USE OF SERVICE The Customer acknowledges and agrees to the following:
5.1 Prior to accessing and using the Partners’ applications for the Service, the Customer must review and agree to the Partners' standard terms and conditions and End-User Licence Agreement (EULA) in respect of the Service, as applicable, and as may be updated from time to time by the Partner at its discretion. The EULA to use the Service and its Content are solely agreed by and between the Customer and the Partner.
5.2 By subscribing to the Service, the Customer accepts the Service terms and conditions set out by the Partner.
5.3 The Service is provided and operated by Etisalat as a licensee only in the United Arab Emirates, Etisalat is not responsible for and make no representations or warranties that the Service or any associated service(s), product(s) available through the service is appropriate or available for use in other jurisdictions outside UAE. Those who access or use the Service from other jurisdictions including from within any other Service location do so at their own risks and responsibility and are entirely responsible for compliance with all applicable local laws and regulations. Etisalat will not be liable nor responsible for any breach, violation, Intellectual Property Rights or other rights infringement in relation to the Service or Content provided by the Partner and any third party in any jurisdiction outside UAE.
5.4 Using the service from outside the United Arab Emirates will be subject to the roaming data charges available through Etisalat communication channels as per clause 12 below.
5.5 Customer’s access to the Service or to certain features of the Service may require the Customer to register for an account and login information. The Customer is solely responsible for maintaining the confidentiality of the Customer’s account and password, and the Customer agrees to accept every and any responsibility for all activity under the Customer’s account, including unauthorized use of the Service by any third party that accesses the Partner’s application for the Service through the Customer’s Account.
5.6 The Customer may be offered special promotional plans or subscriptions offered by third parties in conjunction with their own services and products. Etisalat is not responsible or liable for any loss or damage that may be suffered by the Customer as result from the product purchase or service subscription or relating to content provided by such third parties, and the Customer shall be responsible for compliance with the applicable terms and conditions and EULA for the third party products and services.
5.7 The quality of the Service may vary from device to device capability, and may be affected by a variety of factors, such as Customers location, the bandwidth available through and/or speed of Customer internet connection and service.
5.8 Other than any connectivity or the Service or other services provided by Etisalat, the Customer acknowledges that the use of the Service may require third party software that is subject to third party licenses and Etisalat will not be responsible nor liable for all aspects of the third party software. Customer also agrees to automatically receive updated versions of the applications/website and related third party software.
5.9 Etisalat does not make any express or implied warranties, representations or endorsements whatsoever (including warranties of title or non-infringement, or warranties as to merchantability or fitness for a particular purpose) with regard to the Service or any material or content on the Service (including any Content). In particular, Etisalat disclaims all warranties: As to:
(i). the availability of any such Content;
(ii). the accuracy, quality or merchantability of any such Content;
(iii). compliance with any description or requirement of any such Content;
(iv). the quality of any Content accessed by Customer through the Customer’s use of the Service will meet the Customer’s expectations; or
(v). any errors in the Service will be rectified; or
(vi). the uninterrupted viewing of or access to any such Content;
(vii) And that any such Content will not:
(1). contain any obscene, offensive, defamatory or otherwise actionable material;
(2). contain any advertising and promotional messages;
(3). violate or infringe any Intellectual Property Rights or proprietary, privacy or publicity rights of any person, or violate any obligation of confidence or any other proprietary right;
(4). contain any viruses, Trojan horses, time bombs or other disabling devices intended to detrimentally interfere, damage, surreptitiously intercept or expropriate any equipment, system or network; or
(5). contain any material in any form that would otherwise render Customer liable for or expose Customer to any proceedings whatsoever.
5.13 Use of the Service and access to it shall:
5.13.1 be at the Customers own risk and liability and to the maximum extent permitted by applicable laws and regulations.
5.13.2 be for personal use in the United Arab Emirates and any commercial use or exploitation of the Service is restricted and not allowed.
5.13.3 Under no circumstances, be shared, used or transferred to any person or entity, which does not officially reside in the United Arab Emirates or does not possess a valid residence vise or Emirates ID.
5.14 The Customer agrees to use the Service, including all feature and any functionalities associated with it in accordance with all applicable laws and regulations, or other restrictions on use of the Service or Content therein. The Customer agrees not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative work from, offer for sale, or use (except as explicitly authorized in this Agreement) content and information contained in or obtained from or through the Service. The Customer also agrees not to: circumvent, remove, alter, deactivate, degrade any of the content Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the Content of the Service in any way; or use any data mining, data gathering or extraction method. Etisalat may terminate or restrict the Customers use of the Service if the Customer violates the terms of this Agreement or is engaged in illegal or fraudulent use of the Service.
5.15 Customer assumes total responsibility and risk for the Customer’s use of the Service. Any Content accessed, streamed or otherwise obtained through the Customer’s use of the Service is done at the Customer’s sole discretion and own risk and to the maximum extent permitted by applicable laws and regulations. It is solely the Customer’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Service or on the Internet generally.
5.16 To the extent permitted by applicable law, Customer agrees to defend, indemnify and hold Etisalat harmless, and its Affiliates and their respective officers, directors, employees and agents from and against any and all actions, claims, proceedings, costs (including legal costs incurred by Etisalat or any of the Etisalat Affiliates in defending any such actions, claims or proceedings), liability, losses and damages whatsoever which may be brought or commenced against Etisalat or any of the Etisalat Affiliates by any person and/or which Etisalat or any of the Etisalat Affiliates may sustain, incur or suffer, as the case may be, arising out of or in connection with or by reason of: as the case may be, arising out of or in connection with or by reason of:
(i) Customer access to or use of the Service or any Content;
(ii) Customer breach of any of the Agreement terms and conditions or Partners’ terms and conditions;
(iii) any action taken by Etisalat as part of its investigation of a suspected violation of this Agreement or as a result of its finding and decision that a violation of this Agreement has occurred;
(iv) Customer infringement or violation of any rights of a third party; or
(v) Customer infringement or violation of any applicable law.
5.17 Customer’s obligations under this clause shall survive any termination of Customer access to and use of the Service or Customer relationship with Etisalat. Etisalat reserves the right to assume control of any matter subject to indemnification by Customer, in which event Customer shall cooperate with Etisalat in asserting any available defenses.
ETISALAT’S OBLIGATIONS Etisalat will provide the Service to the Customer based on these Service Specific Terms together with the other constituent parts of the Agreement, and in accordance with the law.
CHARGES, BILLING & PAYMENT
a) The subscription fee is AED 100/ month, excluding VAT, and will be charged to the Customer every month;
b) The Customer will be notified of all Charges that apply to the Service and of the Charges that are due for payment in each bill issued to the Customer by Etisalat. The Customer agrees to pay all Charges, whether or not the Customer uses the Service, including those incurred without the knowledge or permission of the Customer. The Customer remains responsible for any uncollected amounts if a payment is not successfully settled due to insufficient funds, or other reasons and the Customer does not cancel the Service. Etisalat may notify the Customer and suspend the Customers access to the Service until a valid payment method has been successfully charged;
c) Monthly rental Charges and usage-based Charges will be billed in arrears as per the applicable rules specified by Etisalat.
CUSTOMER CREDIT, ADVANCE PAYMENTS & DEPOSITS
8.1 Post-paid Customers will be charged at the end of the month;
8.2 No deposit will be required for this Service.
OTHER SPECIFIC PROVISION Etisalat reserves the right to take such steps as Etisalat believes are reasonably necessary or appropriate to enforce and/or verify compliance with these Service Specific Terms.
SUSPENSION, DISCONNECTION OR TERMINATION BY ETISALAT
10.1 Subject to applicable laws and regulations Etisalat may suspend / disconnect or terminate immediately the use of part or all of the Service and/or the Agreement, with or without notice and without exposing itself to any liability, at any time, in the event that:
(i) Etisalat has reasonable grounds to consider that: (a) the Customer has breached any provisions of the Agreement; or (b) unusual usage or suspected fraudulent activity has occurred on the Customer’s Account;
(ii) the Customer fails to pay any Charges that fall due within the relevant timeframe;
(iii) Etisalat is required to do so under any applicable laws or regulations, or under any other regulatory requirements, or upon request by Government or regulatory or security or other competent authorities, or is required by necessity of an emergency situation;
(iv) the operations, security or efficiency of a Service is impaired by the Customer’s use of the Service or Customer equipment connected to the Service;
(v) In the event the circumstances set out in clause 14 of the General T&Cs (Consumer) are applicable, Etisalat may suspend the Service and provide a credit to post-paid Customers;
(vi) As per clause 19 of the General T&Cs (Consumer).
10.2 In the event of suspension of the Service due to the foregoing reasons, all Charges shall remain applicable during the period of suspension and the Customer will continue to be charged for Service Charges until the Service is disconnected. Further, Etisalat shall have the right to recover any reasonable costs and expenses incurred during the implementation of such suspension or disconnection, any fees payable in relation to the suspension / disconnection or reconnection of the Service will be stated in the Service Application Form for the Service, the Service Specific Terms and/or on the Digital Channels.
10.3 Following suspension, Etisalat shall reactivate a Service only when Etisalat is satisfied that the reason for suspension has been resolved.
10.4 Etisalat may, when it deems it necessary and appropriate to do so and where there is no fault by the Customer, terminate all or part of the Service and/or the Agreement. In this event, Etisalat will give the Customer reasonable notice prior to such termination.
10.5 Etisalat will notify the Customer and (if applicable) give the Customer the opportunity to rectify the situation prior to any suspension / disconnection or termination of the Service.
TERMINATION BY THE CUSTOMER
(a) Customer can cancel or deactivate the Service at any point of time as per the instructions and opt-out process stated in paragraph (c) below of this clause; however, the monthly Charges will be implemented. The Customer will continue to have access to the Service until the end of the term;
(b) The Customer may terminate the Service at any time and Etisalat will not be liable for damages or costs of any sort resulting from such termination;
(a) Customer can unsubscribe from the Service from Etisalat self-care portal, My Etisalat UAE mobile app, Etisalat business centers and Etisalat contact center.
(b) Customer can unsubscribe from any included benefit within the Service from Etisalat self-care portal and My Etisalat UAE mobile app.
CONTACTING ETISALAT
a) The Customer may contact Etisalat to discuss the Service, or any other product or service offered by Etisalat, by calling the Etisalat Contact Centre on 101 within the UAE, by calling 00971 8002300 (from an Etisalat number) or 00971 400444101 (from a non-Etisalat number) if calling from outside of the UAE, by visiting any Etisalat point of sale, or by using one of the other contact methods stated on the Digital Channels.
b) Any complaints should be directed to Etisalat’s Customer Care Department, who can be reached by email at care@etisalat.ae or through one of the other communications channels referred to in clause 12(a).
VAT
(a) Please see clause 32(a) of the General T&Cs (Consumer) for the provisions governing VAT (Value Added Tax) that apply to the Service.
(b) Unless otherwise specified, all Service prices are exclusive of VAT.