Terms of Service

WEBSITE AND SERVICES

Welcome to F1 Mobile, provided by Vititech Limited t/a F1 Mobile. ("F1" or "we"). By registering for, visiting or using any aspect of the Website (defined below) or registering, accessing or using the Services (defined below), you are agreeing to be bound by the following terms and conditions (the "Terms of Service"). "Website" means www.f1.com.fj, any websites owned and operated by F1 as well as any co-branded versions of these websites, but does not include any other web site linked to or from any of the foregoing. "Service" means any or all of the mobile content delivery services provided by F1 which allows you to use your compatible mobile telephone or other device which you own or have control over, or for which you have permission to use and to incur charges for (the "Device") to download a variety of mobile entertainment content and to interact with F1 or other users, via the Internet, SMS, MMS, WAP and/or other means of mobile content delivery. The term "Content" means (i) all content posted, transmitted, accessible or available for download or otherwise through the Website or Service, including, without limitation, in the form of software, content, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, or otherwise, such as ringtones, wallpapers, games, graphics, horoscopes, data, news, and other information, and (ii) any of the foregoing which you post, transmit or send on or through the Website or any Service.

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PERMITTED USERS

The Website and Service are not directed to children under the age of 18. You must be at least 18 years of age to sign up for or use the Website or the Service and each user who signs up or uses the Website or any Service represents to F1 that they are at least 18 years of age. If you are older than 13 but not yet 18 years of age, you agree that you have received parental permission to provide personal information to F1 and to order any products or services through the Website and/or Service. Access to and use of the Website and Service is limited to users in the Fiji Islands. Nevertheless, since use of the Internet and mobile devices is global in nature, it may be possible to access and/or use the Website and/or the Service outside of the Fiji Islands. In the event of such access and/or use, you agree to comply with all local rules regarding online conduct and transmission of information, including, without limitation, all applicable laws regarding the transmission of technical data exported from the Fiji Islands or any other jurisdiction. We make no representation that the Website, the Service and/or the Content are lawful in any jurisdiction outside the Fiji Islands.

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USER AGREEMENTS

By visiting, using or registering for the Website or any Service, you agree to be bound by the terms and conditions of this Terms of Service, including any changes which F1 may, at its sole discretion, determine to make to this Terms of Service from time to time. Additionally, if you register for or use a specific Service, you also agree to be bound by any specific terms and conditions or rules ("Rules") applicable for such Service as provided directly to you or posted on the Website. If you do not agree with this Terms of Service, the "Privacy Policy" and any applicable Rules, you may not register with, access or use the Website or the Service. By using the Website or the Service and/or by providing any information to F1, you warrant and represent that (i) you have read, understood and agree to be bound by this Terms of Service; (ii) you are at least 18 years of age, or you are older than 13 but not yet 18 years of age and have parental permission to use the Website and Service; (iii) you are the owner of the Device whose phone number you are entering, or if you do not own the Device, you have explicit permission from the owner of the Device to use the Device, enter the phone number for such Device and to incur charges to be billed to that Device; and (iv) you are a resident of the Fiji Island.

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USE OF WEBSITE AND SERVICE

To use the Service, you must have a mobile communications subscription with a participating carrier (a "Carrier") for your Device or otherwise have access to a mobile communications network for which F1 makes the Service available and pay any service fees associated with any such access (for example, all standard messaging fees charged by your Carrier). We make no representation as to compatibility of your Device with the Website, the Services and/or the Content. You are responsible for enabling all relevant functionalities of your Device, including a data plan and text messaging, which are required in order to participate in various elements of the Service. In addition, you must provide all equipment and software necessary to connect to the Website and Service (as they exist today or as modified or upgraded from time to time), including, but not limited to, computer equipment, Internet access, a mobile hand set or other mobile access Device that is in working order and suitable for use in connection with the Service. Carriers may impose limitations on delivery of certain types of content, so you should check with your Carrier to determine whether any transmission limitations will apply to any Service you have or may decide to register for.

The Website, Service and Content are solely for your personal non-commercial use on the Device you designate in your registration or at the time you purchase an item of Content. You may not copy, distribute, transmit, broadcast, sell, resell or upload to any computer or Device, or create derivative works from any portion of the Website or Service, including, without limitation, any Content. You may not, or otherwise attempt to (or otherwise authorize, encourage or support other attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Website or Service, including, but not limited to, any Content.

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You will be solely responsible for all charges incurred in downloading the Content, including any telephone, internet usage and, or mobile phone charges.

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CHARGES / BILLING (FJD)

• SMS Subscriptions: up to $0.18 per message

• SMS Info on Demand: $0.47 per message

• SMS Games on shortcode 339: $0.50 per message

• SMS Competitions on shortcodes 866 and 208: $0.99 per message

• CRBT Provision: $1.89 per tone

• CRBT Subscriptions: Upto $0.99 per tone

 

NaDraki Weather App Subscriptions:

• Daily: $0.39

• Weekly: $1.49

• Monthly: $6.49

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The above charges are inclusive of any applicable mobile phone operator charge, and any applicable taxes, levies or duties. The charges will be directly deducted by your Carrier in case of a pre-paid user or will be billed in the monthly bill in case of a post paid user. Any discrepancy in such deductions, billing or failure to download the Content for reasons not limited to insufficient balance shall not be the responsibility of the F1. These Terms of Service shall not waive any terms that you may have entered into with your Carrier.

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F1 is not responsible for the Service and support of the Content after it has been downloaded by you.
 

SMS Subscriptions Content:

• Content is gathered from multiple sources. This ensures our subscribers get the best information sent to them daily.

• Shopper Deals channel: Specials are sourced from the local newspaper and social media advertising. Promotional prices mentioned in daily messages may vary according to subscriber's location or each store.

• WhatsUp Events Channel: We are not liable of any cancellation or postponing of any events mentioned in our daily messages as organizers may or may not change event details days prior the the open events.

• Some SMS subscription channels may contain content that may not be suitable for anyone under the age of 18 years old. if you fall under this age limit, we insist that you seek permission from your guardian before joining any of our services.

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CHANGES TO THIS TERMS OF SERVICE

F1 reserves the right at any time and from time to time to amend, supplement or modify all or any part of the terms of this Terms of Service including, for the avoidance of doubt, changes to the charges set out above. We will post or display notices of material changes on the Website and those changes will become effective ten (10) days after the date of posting. Your continued use of the Website and/or Service after the changes become effective signifies your agreement to bound by such modified Terms of Service.

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PROMOTIONS, GIVEAWAYS AND ADVERTISING

F1 and/or its Affiliates may present advertisements, competitions, giveaways and other promotional competitions and materials on or through the Website and any Service (“Event”). Your participation in any such promotional event is subject to any applicable Rules associated with that event as described on the Website and by participating in such promotional event you agree to be bound by such Rules. All information submitted by you shall be subject to the Privacy Policy. Other third party charges, such as from your Carrier, may apply when you participate in such an event. Please review your agreement with your Carrier or contact your Carrier for more details.

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Where a third party advertiser may host or advertise its promotion on or through the Website or Service, your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither F1 nor its Affiliates shall be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website or Service.

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In the event of any dispute arising out of or in relation to any Event, you agree that F1 shall have the final determination of such dispute at its sole discretion and any such determination shall be final and binding on you.

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REMEDIES

You agree that any unauthorized use of the Website, Service or Content would result in irreparable injury to F1 and its Affiliates for which money damages would be inadequate, and in such event F1 and/or its Affiliates, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Terms of Service shall be construed to limit the remedies or relief available pursuant to statutory or other claims that F1 or its Affiliates may have under separate legal authority, including but not limited to any claim for intellectual property infringement.

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DISCLAIMER

F1 does not represent or endorse the accuracy or reliability of any of the information, content, logos or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on the Website, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information. F1 expressly disclaims all warranties of any kind, whether express or implied.

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F1 makes no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; does not make any warranty as to the results that may be obtained through the Service or that defects in the software or systems may be corrected. You understand and agree that any Content, material and/or data uploaded or otherwise obtained through the use of this Service is done at your sole discretion and risk and that you will be solely responsible for any claim, suit, expense, damages or otherwise arising out of or in relation to such upload including, but not limited to, damage to your Device, computer system or otherwise or loss of data that results from the use of such Service or download of such Content, data or material.

 

No advice or information, whether oral or written which was obtained from F1 or through the Service shall create any warranty not expressly made herein.

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The quality of Content might vary from what is previewed to what is actually received in your Device owing to difference in what is perceived in your PC console and your Device console. F1 will not be held responsible for any such differences. You hereby acknowledge that any reliance upon any materials shall be at your sole risk. F1 reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any errors or omissions in any portion of the Service or the materials without notice.

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INDEMNITY

You agree to and hereby indemnify and hold harmless F1 and its employees, officers, directors, parents, subsidiaries, agents, contractors, suppliers, affiliates and/or licensors (the "Affiliates") from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning (A) any third party access, use or misuse of the Website, Service or Content, through the Device or under your account, whether or not authorized by you, or (B) your violation of these Terms of Service, the Privacy Policy, applicable Rules or any applicable laws (collectively "Claims"), and agree to reimburse them on demand for any liabilities, losses, costs, judgments, fees, fines and other expenses they incur (including reasonable attorneys' fees and court costs) as a result of any Claims, including costs of defence of such Claim.

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MISCELLANEOUS

This Terms of Service, and all terms or documents referred to herein, including without limitation, the Privacy Policy and Rules, represent your entire agreement with F1 regarding your use of the Website and Services, including, without limitation, the Content. Except as expressly set forth herein, this Terms of Service does not confer any rights or remedies upon any person other than the parties to this Terms of Service and the Affiliates. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

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The failure of a party, at any time or from time to time, to require performance of any obligations of the other party under this Terms of Service shall not affect its right to enforce any provision of this Terms of Service at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach. No waiver of any provision of this Terms of Service shall be effective unless it is in writing and signed by an authorized representative of F1. The remedies of F1 and/or the Affiliates under this Terms of Service shall be cumulative.

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Your rights under this Terms of Service are not assignable or transferable. You agree not to resell or transfer the Service including, without limitation, the Content or any portion thereof.

The laws of the Republic of Fiji Islands, excluding its conflicts-of-law rules, govern this Terms of Service and your use of the Website and Services, including, without limitation, the Content. You expressly agree to the exclusive jurisdiction and venue in this country and courts of the republic of Fiji Islands for all disputes arising out of or related to the Website, the Services or this Terms of Service.

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Please direct any questions concerning the Website, the Service or any other issue related to F1, to www.f1mobile.me/contactus. Except as expressly provided otherwise herein, all notices to F1 shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:

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F1

P.O Box 2636,

Govt. Blds, Suva,

Fiji Islands.