1.0 General
(a) The following are the general Terms and Conditions that govern the Services/Offers offered in conjunction with MTV Mobile, a brand owned and operated by MobIsle Communications Ltd. (GO Mobile).
2.0 Applicable Law
(a) Access to and use of the Services/Offers is subject to the following Terms and Conditions and to GO Mobile's Fair Usage Policy. Any circumstance in using these Services/Offers that is not regulated by the following Terms and Conditions and by GO Mobile's Fair Usage Policy shall be subject to the applicable Maltese laws.
(b) By using these facilities or availing yourself of the following Services/Offers, you are agreeing to all of these Terms and Conditions and policies, without modification, and you guarantee that you have the legal capacity in terms of Maltese law to enter into these Terms and Conditions with GO Mobile. In particular, where the description or nature of a particular Service/Offer so requires, you guarantee that you are of or over eighteen (18) years of age. If you do not agree to these terms of use and policies or if you are a minor and the description or nature of a particular Service/Offer requires that you are of or over eighteen (18) years of age, please do not use the Service/Offer.
(c) When using each and every Service/Offer, you shall be subject to any posted guidelines or rules incorporated by reference into the Terms and Conditions applicable to the particular Service/Offer, which may be posted from time to time on www.mtvmobile.com.mt.
(d) Usage of the Services/Offers may be aimed to certain clients or client groups. Before or on registration to the relative Service/Offer, you shall be informed whether you are eligible for the Service/Offer or otherwise.
3.0 Contract
(a) Your contract with GO Mobile vis-a-vis the Services/Offers begins by:
i. submitting your full registration details (if applicable) and clicking AGREE (if applicable) to acknowledge that you have read and accepted the Terms and Conditions; or
ii. when registration is not required, by simply viewing, accessing or using any of the Services/Offers.
4.0 Registration
(a) Whenever Registration is required, you agree to provide true, accurate, current and complete information in all fields indicated as compulsory when registering for the Service/Offer. Any information on the user registration details that GO Mobile acquires on a pre-paid number is informal and as such GO Mobile does not accept any responsibility for the accuracy or otherwise of the details provided.
(b) It is the sole responsibility of the subscriber to inform GO Mobile in the event of a change in user of the relative mobile number. In such cases, both the former and the present user need to visit either MTV Mobile’s retail outlet or one of GO Mobile’s retail outlets to register the new details of the mobile number. Both parties need to present their I. D. Cards for verification.
(c) Minor changes to the registration details may be affected through MTV Mobile’s portal, ‘myMTV’ following use of the relative password, which password is to be kept safe at the sole responsibility of the user. If GO Mobile considers that the registration details or any username submitted or selected by you are inappropriate, GO Mobile reserves the right to reject and prevent your use of such registration details and/or username with or without notice to you. GO Mobile may also bar your access to any or all of its Services/Offers, in whole or in part, until such time as the registration details are rectified.
5.0 Retention of your personal data, traffic data and other related data
(a) MobIsle Communications Ltd. (GO Mobile) processes personal data in line with the Data Protection Act (2001). Personal data provided to GO Mobile will be kept in confidence and processed in order to render and/or improve the service you have requested. By signing for this service you understand acknowledge and authorise GO Mobile to process your personal data and share it with any of the subsidiaries and related companies (collectively, for the purposes of this Condition, “the GO Group”) who shall process personal data in accordance with the provisions of the Data Protection Act 2001. By entering into the Agreement You are deemed to have consented to the processing of Your personal data by the GO Group as further detailed in this Condition.
(b) The GO Group shall process Your personal data for the following purposes:
To provide You with the Service;
To communicate with You on any matter relating to the Service;
To prevent and detect fraud;
To protect itself against current and / or future loss of revenue;
For audit and debt collection;
For statistical purposes; and
For data retention obligations and upon any lawful request by a competent authority.
(c) The GO Group may sub-contract to third parties certain aspects of the Service or engage them to provide services (for example, credit reference agencies (in accordance with these Conditions) and market research services) to it. In such cases, the GO Group may need to share personal information with such third parties. The GO Group may further need to share such personal information with third party channel / programme providers in order to provide You with access to their channels / programmes.
(d) GO Group undertake to ensure that all companies within the GO Group as well as any and all third parties to whom personal data is disclosed will only process the personal data according to Our instructions and on its behalf, and may further only use such data to the extent to which We are ourselves entitled. All such companies and third parties will further be required by Us to meet the requirements of the data protection legislation to keep the information secure.
(e) You understand that, for accurately carrying out Your instructions, for training purposes and in order to improve the quality of its customer services, GO Group occasionally monitors and / or record calls made to its customer service centre. Any such recordings shall remain GO Group’s sole and exclusive property.
(f) GO Group may further process Your personal data for direct marketing purposes, that is to inform You by mail, telephone, automatic calling machines, fax e-mail, short messaging service (sms), or other electronic means, about products, services, new packages and offers provided by the GO Group or by selected third parties, which may be of interest.
(g) Should You not wish Us to process Your data for purposes concerning such direct marketing, You may object to this in writing to GO Mobile, Fra Diego Street, Marsa MRS 1501. You may further send a written request to this address should You wish to exercise Your rights, in accordance with the Data Protection Act 2001, to access Your personal data processed by Us and to request its correction, if necessary. You are requested to advise Us of any changes occurring in the data provided in order that We may be able to take all reasonable measures to keep its records in Your regard correct and up-to-date.
(h) You have the right to require upon due verification, access to your personal data as well as the right to rectify or, in appropriate circumstances, erase any inaccurate, incomplete or immaterial personal data processed by GO Group.
6.0 Legal User
(a) Where the description or nature of a particular Service/Offer so requires, you agree that to be able to use the relative Services/Offers you need to:
Be the legitimate and duly registered user of the MSISDN (mobile number) with which you shall be associating the Service/Offer. You shall be responsible to inform GO Mobile as per clause 3b) of these Terms and Conditions should the MSISDN to which the service is associated be transferred to another party;
Insert the PUK1 code - Your PUK1 code must always be kept safe. Should you suspect that this number has become available to other persons you should change your MTV Mobile SIM card to obtain a new PUK1;
Insert the Password - Your passwords must always be kept safe. Should you suspect that these passwords have become available to other persons, you should change the relative passwords.
7.0 Troubleshooting
(a) You agree that GO Mobile shall exercise its best endeavours to ensure that the Services/Offers are always available within the relative validity period, if applicable. However, you hereby acknowledge that GO Mobile is not responsible for any problems related to lack of quality of service or lack of service during certain circumstances or in particular areas/zones.
8.0 Lawful and Legitimate Use
(a) You agree to indemnify and hold GO Mobile harmless from any claim or demand made by any third party due to or arising out of content You submit, post, store, transmit or otherwise make available through the Services/Offers, your use of the Services/Offers, your connection to the Services/Offers, your violation of the terms, or your violation of any rights of others. Although GO Mobile remains the owner of the Services/Offers, it is your responsibility to use them in a lawful manner.
(b) Moreover, You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Services/Offers (including your relative usernames, where applicable), use of the Services/Offers, or access to the Services/Offers.
9.0 Modification or Discontinuance of Services/Offers
(a) GO Mobile reserves the right at any time to amend, modify or discontinue, temporarily or permanently, the Services/Offers (or any part thereof) by posting the relative notification on www.mtvmobile.com.mt. You agree that GO Mobile shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services/Offers.
Provided that GO Mobile shall give You a thirty (30) days’ notice prior to any modifications or amendments taking effect. Should You not wish to accept the proposed changes, you must, within 30 days of having been so notified, inform Us of such non-acceptance and may opt out of the service without incurring penalties. Failure to notify Us in writing of such non-acceptance will constitute an irrevocable acceptance of any such changes for as long as You remain subscribed to the Service.
10.0 Termination of Contract
(a) GO Mobile reserves the right to disconnect all or certain Services/Offers and refuse to reconnect them at any time, in whole or in part, temporarily or permanently, if:
You fail to comply with these Terms and Conditions;
You fail to comply with any posted guidelines or rules incorporated by reference into the Terms and Conditions applicable to the particular Service/Offer;
GO Mobile is unable for whatever reason to provide the service;
If you notify us that your connection is lost or stolen;
If in the opinion of GO Mobile you misuse the Services/Offers or use them unlawfully.
(b) GO Mobile shall whenever possible do its best to notify you beforehand of the disconnection of service, however it cannot be held liable if, for whatever reason, it is unable to do so.
11.0 Mobile Number Portability
(a) With Mobile Number Portability, customers are free to choose their mobile operator whilst keeping their number. Hence a mobile number starting with 79 does not necessarily mean that it is a GO Mobile number. This option will affect any of the Services/Offers that are applicable from GO Mobile to GO Mobile numbers only. You can call 180 from any local network (free of charge) in order to verify the relative operator of the particular mobile number.
12.0 Roaming
(a) In using the Services/Offers while roaming (where applicable), You may pay for the bearer (EDGE, GPRS or CSD) charges and You may encounter certain restrictions of use. You shall be subject to the relative roaming posted guidelines or rules incorporated by reference into the Terms and Conditions applicable to the particular Service/Offer and you may be subject to additional Terms and Conditions originating from the visiting network to which you will be bound to the extent that they are applicable.
13.0 Taxes
(a) Unless otherwise stated, all the tariffs, rates and charges quoted on www.mtvmobile.com.mt are inclusive of Excise Tax and VAT, whereas all the products are inclusive of the applicable Eco Tax and VAT.
14.0 Value Added Service
(a) GO Mobile reserves the right to give particular treatment to its subscribers on the MTV Mobile Service in the form of a Value Added Service to these subscribers and which may vary from time to time
15.0 Further Information
(a) The latest version of these and other Services/Offers Terms and Conditions is available on www.mtvmobile.com.mt. You are encouraged to visit this website from time to time to check for any updates.
(b) For more information on any Service/Offer, you may contact Customer Care on 1644 (call is free) from your MTV Mobile Service SIM Card or 79 22 16 44 from any other network (relative call charges apply).
