terms and conditions

General Terms and Conditions

Thank you for choosing NewCo2015 Limited, trading as and referred to throughout these Terms & Conditions (“T&Cs”) as Aliv. Please read these T&Cs, which contain important information about your relationship with Aliv. These T&Cs set out the basic terms and conditions upon which we will provide Our Services to You. You will become bound by these provisions once you accept these T&Cs.

In these T&Cs, the terms “I”, “My”, “You” and “Your” will be used to refer to the Customer and the terms “We, “Us” and “Our” will be used to refer to Aliv.

These T&Cs, together with the Service Description (Annex 1), the Fair Use Policy (Annex 2) and the Rate Plan Tables form the Agreement with us.

The Service Description is a detailed description of the services We offer, including the different features, options and availability of a service.

The Rate Plan Tables set out the fees or charges We may charge You for Your Use of Our Services. They also contain other information such as pricing plans and some specials We offer. Please check the Rate Plan Tables carefully to see what fees and charges apply to Your use of the service. Please visit our website www.bealiv.com for more information on Our Rate Plan Tables. Our Rate Plans will only apply when You are connected to Our network.

The Fair Use Policy contains further information that will apply to certain designated Plans as indicated on the Rate Plan Tables.

WHAT CHARGES WILL APPLY TO MY USE OF THE SERVICES?

We have several options available to You as to the charges that We will apply for Your use of the services. The choice is Yours as to which Rate Plan will apply for use of the services. The different Rate Plan options are outlined in the Rate Plan Tables. The standard Rate Plan shall apply if you have not purchased a Freedom, Liberty or Liberty Global Plan using one of the available methods of payment.

WHO IS THIS AGREEMENT WITH?

This Agreement is between You and Us, Our assignees, and agents for the provision of Mobile voice, SMS and data services (“the Service Offering”) on Our mobile network. This Agreement, the Services and the use of Your receiving Equipment (“the Device”) are subject to applicable fees and conditions. Your use of the Services will constitute your Agreement to be bound by these T&Cs.

 

WHAT IS INCLUDED IN THESE TERMS AND CONDITIONS?

In these T&Cs, you'll find important information about:

· ALIV services provided to you (“Services”);

· Any equipment for which we provide Service, such as a phone, handset, tablet, or SIM card (collectively, a “Device”);

· Any charges, taxes, fees, and other amounts we bill you or that were accepted or processed through your Device (“Charges”);

· Confidentiality;

· Network management practices;

· Limitations of liability;

· Resolution of complaints; and

· Other terms specified by Us, which may be updated from time to time and posted on Our website at www.bealiv.com (the “Website”).

 

HOW DO I ACCEPT THESE T&Cs?

You accept these T&Cs by doing any of the following things:

· giving us a written or electronic signature or confirmation, or telling us orally that you accept;

· activating, using or paying for the Service or a Device; or

· opening the Device box or package.

 

If you don’t want to accept these T&Cs, don’t do any of these things. When you accept, you're telling us that you are of legal age (which means you are 18 years or older. If you accept for an organization, you're telling us that you are authorized to bind that organization, and references to "You" in these T&Cs may mean the organization.

 

WHAT HAPPENS IF THERE IS AN INCONSISTENCY BETWEEN THE DIFFERENT PARTS OF THE AGREEMENT?

If anything in these T&Cs is inconsistent with a provision in another part of the Agreement, then unless otherwise stated, these T&Cs prevail to the extent of the inconsistency.

 

HOW CAN I PAY?

The methods of payments include cash, credit card, debit card, and electronic payments, including our mobile app. You will also be able to top up Your account at any of Our authorized agents. Topping up Your account will allow You to purchase Rate Plans or to use the money on Your account in accordance with our Out of Plan Rates as outlined on Our website.

 

WHAT HAPPENS IF MY DEVICE IS LOST OR STOLEN?

You agree to notify us if your Device is lost or stolen. Once you notify us, we will suspend your Service. If Charges are incurred before you notify us, you are not liable for Charges you did not authorize. However, the fact that your Device or account was used is some evidence of authorization. You may request us to investigate Charges you believe were unauthorized. We may ask you to provide information and you may submit information to support your request. If we determine the Charges were unauthorized, we will credit your account. If we determine the Charges were authorized, we will inform you within 30 days and you will remain responsible for the Charges. If you request that we not suspend your Service, you will remain responsible for all Charges incurred.

 

WHAT ARE THE PERMITTED AND PROHIBITED USES FOR MY DEVICE AND THE SERVICE?

Our wireless network is a shared resource, which we manage for the benefit of all of our customers. If you purchase a Rate Plan that enables use of Our data services, such use is intended for Web browsing, messaging, and similar activities. Certain activities and uses of our Services and your Device are permitted and others are not. The prohibited uses of our Services include:

 

· Using Our services to engage in telemarketing practices or call center operations;

· Reselling Our services purchased to anyone else;

· Sharing subscriptions between numerous users via a PBX, call center, computer, SIM box or by any other means;

· Using Our services to infringe, misappropriate or violate any right protected by any copyright, trademark or any other applicable intellectual property right;

· Using Our services to transmit content that is deemed offensive, abusive, defamatory, indecent, obscene, unlawful, harassing, menacing or otherwise inappropriate or unacceptable under applicable laws and/or regulation;

· Using Our services to publish, submit, receive, upload, download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or sole content considered indecent for minors;

· Using Our services to interfere, gain unauthorized access or violate the security of network users, network hosts or network equipment, or to gain unauthorized access to any public or private network data;

· Using Our services for other than your individual communications, calling numbers (whether individually, sequentially, or automatically) to generate income for yourself or others as a result of merely placing the call; or

· Unusual calling patterns inconsistent with common, individual subscriptions use, for example, making regular short calls or making calls to multiple numbers in unusually short periods of time.

 

It is not our policy to monitor or control communications. However, if We become aware of any of the above prohibited uses, We may block or filter sites, or cooperate with and notify the appropriate authorities and parties, including, but not limited to, law enforcement agencies, and other service providers or carriers in accordance with the laws of the Commonwealth of The Bahamas. For legal purposes where required by the law, We will reveal Your identity or other Data We hold regarding the use of service to the competent Bahamian regulatory authority. In cases where We receive a Court Order, in accordance with the laws of The Commonwealth of The Bahamas, requesting Us to disclose the identity of a Customer who has misused the service, We will do so. We may implement technical mechanisms to prevent prohibited uses of our Services, where technically feasible. If You violate the permitted uses of our Services, You will be required to cover all expenses which are reasonably incurred as a result of the violation.

 

CAN I ROAM ON MY DEVICE?

National Roaming: Your Device may connect to BTC’s network (“Off-Net”). This may become available to You in the future at certain times and at certain locations. Please check Our Website for more information and updates.

 

International Roaming & Dialing: Availability and features offered for international roaming and dialing vary depending on your Rate Plan and Device. All countries may not be available for roaming and available countries may change from time to time. Go to Our Website for information on international access, rates, Services and coverage. All SIM cards will be provisioned to enable international roaming. Charges for international calls will vary according to which Rate Plan you have chosen.

 

CAN ALIV CHANGE MY SERVICES OR THIS AGREEMENT?

Yes. We may change, limit, suspend or terminate your Service or this Agreement at any time, including if you engage in any of the prohibited uses described in Our Fair Use Policy.

 

We reserve the right to and may vary all Agreements and Policies, including but not limited to changes in Charges, Fees or the introduction of new Charges.

 

We will provide You with at least thirty (30) days’ notice of any change.

 

You accept any and all changes by Your continued use of Our Services after the date of the change. If You do not agree with the changes, You must contact Us at least ten (10) days prior to the effective date of the modification to discontinue the affected service. We shall not be responsible to You for any claims by You as a consequence of such changes.

 

Under certain limited circumstances, we may also block Your device from working on Our network. If the change to Your Service or Rate Plan will have a material adverse effect on You, We will provide You with at least one month’s notice of the change.

 

CAN ALIV SUSPEND MY SERVICE?

Yes. We may suspend the Services in any of the following circumstances:

 

Suspension with notice

 

  1. In order to carry out the maintenance or testing of the Network;
  2. When it is necessary to safeguard the security and integrity of the Network or to reduce the incidence of fraud; or
  3. Any other circumstances requiring a planned service interruption

 

Suspension without notice

We may, without prejudice to Our other rights hereunder, suspend or disconnect the Services without notice in any of the following circumstances:

 

  1. During any technical failure of the Network (unplanned interruption);
  2. Because of an emergency or upon instruction by emergency services or any government or appropriate authority or for Your own or other user’s security (unplanned interruptions);
  3. If You fail to comply with the terms of this Agreement, or if there is a breach by You of the Fair Use Policy, after being given written notice of the failure (including but not limited to a failure to pay any Charges due hereunder); or
  4. If You use Our services for any of the prohibited uses outlined above.

 

We shall endeavor to keep all such suspensions to a minimum and shall give You notice of such suspensions (usually by SMS notice), except in cases of fraud, persistent late and non-payment. If We suspend Your Services for breach of the Fair Use Policy, We shall restore the Services if the circumstance is remedied.

 

CAN I TERMINATE MY SERVICES OR THIS AGREEMENT?

Yes. You may terminate this Agreement by providing to Us thirty (30) days’ notice in writing in the event that We:

  1. Have committed a material breach of this Agreement that is incapable of remedy.
  2. Have committed a material breach of this Agreement that is capable of remedy, and We have failed to commence remedying that breach within thirty (30) days of You supplying written notice specifying the breach and requiring Us to remedy it.

 

CAN ALIV TERMINATE MY SERVICES OR THIS AGREEMENT?

Yes. After two hundred and seventy days (270) of inactivity, Your account and services provided to You by Us will be terminated without notice, and any remaining credit on your device will be claimed by Us. We may terminate this Agreement (in whole or in part) by providing thirty (30) days’ notice in writing if:

  1. You commit a material breach of this Agreement that is incapable of remedy;
  2. You commit a material breach of this Agreement that is capable of remedy but fail to remedy that breach within thirty (30) days of Us supplying written notice specifying the breach and requiring its remedy; or
  3. If any of the events in these Terms and Conditions occur.

 

WHAT HAPPENS WHEN MY SERVICES ARE TERMINATED?

If Your Service is terminated by You or Us, You will remain liable for all Charges related to the Service until it is terminated, including any penalties.

 

Termination of this Agreement or the expiry of Your Service for whatever reason shall not affect:

  1. The rights and obligations of the parties which have accrued prior to such termination or expiration; or
  2. Any provisions of this Agreement which are of a continuing nature and any other provisions of this Agreement necessary for their interpretation or enforcement.

 

On termination or expiration of this Agreement or Your Service:

  1. Any sums properly due from one party to the other will become payable within thirty (30) days of termination (including Termination Fees); and
  2. You shall cease using the Services.

 

Following termination of Your account for any reason, your number may be re-assigned after a period of ninety (90) days. We are not liable to You for any expense or loss incurred by You due to re-assignment. If your Service or account is terminated and then reinstated, you may be charged a reactivation fee.

 

YOUR CONSENT TO BE CONTACTED

Unless You have requested not to receive voice, written or electronic sales and marketing messages from Us at the time of applying for Our Services, we may contact you without charge, on any wireless telephone number assigned to your account for any purpose, including marketing messages, and in any manner permitted by law. You also expressly consent to be contacted by us, and anyone contacting you on our behalf, for any purpose, including billing, collection, or other account or service related purpose, at any telephone number or physical or electronic address where you may be reached, including any wireless telephone number. You agree that ALIV, and anyone contacting you on our behalf, may communicate with you in any manner, including using a pre-recorded or artificial voice, or using an automatic telephone dialing system to place calls or send messages, alerts, or an automatic e-mail system to deliver email messages. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your Service and account.

 

HOW DO WE NOTIFY EACH OTHER?

You may contact us at www.bealiv.com, by calling 611 from your Device, or by writing to: Aliv, Holy Cross Parish Centre Petersfield Road off Soldier Road P.O. Box CB-13050, Nassau, The Bahamas.

 

HOW CAN I DISPUTE MY CHARGES?

If you have any questions about or want to dispute any Charges, please refer to our Customer Complaints Process at customercare@bealiv.com, by visiting one of our Aliv stores, by calling 611 from your Device, or by writing to Aliv Customer Relations, P.O. Box 13050, Holy Cross Administration Centre, Petersfield Road off Solider Road, Nassau, The Bahamas. If this does not fix things, please notify us in writing. You must notify us in writing of any dispute regarding Charges to your account within 60 days after the date you first receive the Charge. If you don’t, you may not pursue a claim in arbitration or in court. If you accept a credit, refund or other compensation or benefit to resolve a disputed Charge, you agree that the issue is fully and finally resolved. You must pay disputed Charges until the dispute is resolved.

HOW DO I RESOLVE COMPLAINTS WITH ALIV?

If You have any complaints in connection with Our Services, You may complain in writing (including by sending an email) via the Website or to customercare@bealiv.com or by calling 611 from Your Device. We will handle Your complaint in accordance with Our complaints procedure. You may obtain a copy of this procedure from Our Website. We will use Our best endeavors to resolve Your complaint, however if We are not able to resolve Your complaint to Your satisfaction, You can take Your complaint to the Utilities Regulation and Competition Authority (URCA) for resolution.

 

GENERAL

 

MOBILE NUMBER PORTABILITY

Mobile Number Portability is the ability of a customer to change from one mobile service provider to another mobile service provider without changing their mobile number subject to the terms and conditions herein appearing. When available, should You desire to port your mobile number, You will be required to submit a ‘port in’ request to Us by signing a mobile services porting form. Mobile Number Portability is offered subject to You adhering and agreeing to Our application form conditions. Your request to port in shall be treated as a new application for Services and is subject to Our terms and conditions herein contained and represent a notice to terminate any agreement that You have with Your current mobile service operator at the time. We shall not be responsible and/or liable for any interruption and/or delay in approving and/or providing Services to You caused by Your current mobile service operator.

 

CONFIDENTIALITY

We are committed to and observe the provisions of the Data Protection (Privacy of Personal Information) Act, 2003 and any other applicable local statute, as it applies to the privacy of Your Personal Information.

 

We will not divulge Confidential Information to any Third Party except to contractors, suppliers and agents, strictly on a need to know basis, for the purposes of the implementation and/or performance of this Agreement, unless otherwise agreed in writing with Us. We shall be entitled to keep records of Customer Information, which We shall use to perform Our obligations under this Agreement, and for related purposes. We shall be entitled to disclose Customer Information as required by any legal, regulatory or financial regulatory agencies or by court order, or any third party (some of whom may be outside of The Bahamas), for the purposes of providing the Services.

 

The obligation of Confidentiality shall apply in the period commencing on the Commencement Date and ending six (6) years after the termination or expiration of this Agreement.

 

For further information regarding Our practices of confidentiality please read our Privacy Policy on Our Website at www.bealiv.com.

 

INTELLECTUAL PROPERTY

The Intellectual Property rights, including copyright and trademarks that exist in Services, software and Our Equipment are owned by Us and Our licensors and are protected by Bahamian and international laws. By supplying You with Services and software, We are not transferring or assigning ownership of any Intellectual Property rights in or relating to the Services and or software.

 

Where We create Intellectual Property rights during or as a result of the supply by Us of Services, software and devices to You, We shall own all such Intellectual Property rights.

 

You agree not to infringe, misappropriate, discredit, dilute or violate Our Intellectual Property rights or any third party in any way. Except for a limited licence to use the Services. Your purchase of Services does not grant You any license to copy, modify, reverse engineer, download, redistribute, or resell Our intellectual property or the intellectual property of others related to the Services.

 

Intellectual Property may be used only with Our Services unless expressly authorized by Us.

 

DISCLAIMER OF WARRANTIES

Except for any written warranty that may be provided with a smart device You purchase from Us, and to the extent permitted by law, the services and devices are provided on an “as is” and on a “with all faults” basis and without warranties of any kind. We make no representations or warranties, express or implied, regarding:

 

  1. Merchantability or fitness for a particular purpose concerning Your Service;
  2. Correct routing or completion without error or interruption of transmissions, including but not limited to data, voice, or any package transmitted on Our Network;
  3. Network security;
  4. Encryption employed by service;
  5. Integrity of data sent, backed up, stored or load balanced;
  6. That Our security procedures at an acceptable level will prevent the loss, alteration of or improper access to data; and
  1. Service free errors.

 

We do not authorize anyone to make any warranties on Our behalf.

 

NETWORK MANAGEMENT PRACTICES

We want to ensure that Our customers’ network experience is optimized so that as many people as possible can enjoy using their phones for doing the things that they love. We are committed to ensuring that the network maintenance may be conducted on our network and on the supplier’s network. We will try to conduct scheduled maintenance on our network outside normal business hours, but we may not always be able to do so. Should network maintenance be conducted outside normal business hours, we will contact You in advance of any maintenance.

 

LIMITATION OF LIABILITY

You and we each agree to limit claims for damages or other monetary relief against each other to direct and actual damages regardless of the theory of liability. This means that neither of us will seek any indirect, special, consequential, treble, or punitive damages from the other. This limitation and waiver also applies to any claims you may bring against any other party to the extent that we would be required to indemnify that party for such claim. You agree we are not liable for problems caused by you or a third party, or by any act of God. You also agree we aren't liable for missed or deleted voice mails or other messages, for any information (like pictures) that gets lost or deleted if we work on your Device, or for failure or delay in connecting a call or text to 911 or any other emergency service. All claims must be brought within 2 years of the date the claim arises.

 

The maximum liability for all Your claims relating to a Service provided pursuant to this Agreement, whether for breach of contract, breach of warranty or in tort, including negligence, will be limited to the total sum of the value of the Charges paid or payable under the relevant Service Offering during the previous 12 month period under which the Service that is the subject matter of the claim is supplied.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold Us and Our directors, officers, and employees harmless from any claims arising out of use of the Service or Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by You, any person on Your account or that You allow to use the Service or Your Device.

 

SEVERABILITY

If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We are able to replace it with one of similar meaning that is legally effective.

 

WAIVER

Failure or delay by either of Us to this Agreement to exercise or enforce any right, power or remedy under it shall not be deemed to operate as a waiver of any such right, power or remedy; nor shall any single or partial exercise by either of Us operate so as to bar the exercise or enforcement thereof or of any right, power or remedy on any later occasion.

 

FORCE MAJEURE

We shall not be liable for any loss or damage, delay or failure in performance of any of the Services or facilities furnished due to any cause beyond Our reasonable control such as, but not limited to, acts of God, acts of Government, military authority or other competent authority, telecommunications network operators, war or national emergency riots, civil commotion, fire, explosion, accidents, flood, earthquakes, hurricanes, lightning, extremely severe weather, magnetic storms, epidemic, power failures or blackouts, lock-outs, strikes and other industrial disputes (whether of the Company or others), acts of terrorism, or acts of vandalism or acts otherwise known as “Force Majeure”. You agree to hold Us free from any liability as a result of any direct or indirect consequence of an event of Force Majeure and in the event of any claims hereunder, You shall prove that the liability arose independently of and was in no way connected with or occasioned by or contributed or traceable to any of the said occurrences or any consequence thereof and in default of such proof, We shall not be liable to make any credit, prorating or refund in respect of such claims.

 

Online transaction services

When you log in to MyALIV, you will have access to top up your account to use ALIV services such as talk minutes, text and data. The purchase of handsets is not currently available on our website.

 

Refund/Return policy

You can only topup your phone and purchase phone plans on our website. Because these are virtual products, these cannot be refunded. If you have any issues regarding your ALIV plan or handset, please contact us. For all other services, please visit us in-store.

 

Export restrictions

We currently do not export any ALIV goods or services outside of The Bahamas.

 

Delivery policy

You can only topup your phone and purchase phone plans on our website. Because these are virtual products, these are not delivered. If you have any issues regarding your ALIV plan or handset, please contact us. For all other services, please visit us in-store.

 

GOVERNING LAW

This Agreement is governed by the laws of The Commonwealth of the Bahamas. The parties submit to the exclusive jurisdiction the courts of The Commonwealth of The Bahamas.

 

 

 

Annex 1

SERVICE DESCRIPTION

 

Aliv provides users with electronic communications services over its LTE (Band 13 and Band 4) high speed voice and data network using fibre optic for IP site backhaul. The services available include high definition voice, SMS, high speed data upload and download, voicemail, international long distance services and international roaming on partner networks. Please check our Website, www.bealiv.com, for the latest network coverage.

 

 

 

Annex 2

FAIR USE POLICY

INTRODUCTION

This Fair Use Policy (“Policy”) relates to Your use of our Mobile Services. It is designed to make sure We can give You Services that are great value, fast and reliable. This Policy applies, but is not limited, to all Services offered by Us. This also includes such other Services that We might add in the future.

By using Our services, You agree to comply with this Policy and remain responsible to comply with it. You must make sure that any use of the Services, by Yourself or anyone else via Your account, complies with this Policy. You are responsible for all use of the Services through Your account and for any breach of this Policy whether an unacceptable use occurs or is attempted, whether You knew or should have known about it, whether or not You carried out or attempted the unacceptable use alone, contributed to or acted with others or allowed any unacceptable use to occur by omission. You agree that We are not responsible for any of Your activities in using Our network and/or Services.

We may change or modify this Policy at any time. The changes to this Policy will be posted on Our Website at www.bealiv.com. Please check Our Website periodically for any revisions to this Policy. If We make any material changes to this Policy, We will give You thirty (30) days’ notice. You acknowledge and agree that Your access to Our Website and Your use of Our services following any posted changes to the Policy indicate Your acceptance of such changes.

EXCESSIVE NETWORK USAGE

Our services are for normal person to person use from your phone and are subject to Your acceptance of Our standard terms and conditions for monthly services. We monitor use in accordance with those terms and conditions. If you exceed more than 30GB in any month on a 30 day unlimited plan or more than 7GB in any week on a 7 day plan, We reserve the right to throttle or reduce the speed available to You, and We may also suspend Your services. If We discover that You talk for more than 7,500 minutes or send more than 4,500 text messages per month, We reserve the right to restrict Your access to calls and We may suspend Your services. Our Fair Use Policy also restricts calls and texts to no more than two hundred (200) different numbers in one month. Further, calls are restricted to a maximum of two (2) hours per call. Once a call has reached two (2) hours, it will be automatically disconnected. However, You will be able to dial the same number straight away.