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Terms and Conditions

ACCEPTANCE OF  ORANGE MESSENGER RULES
These rules (Rules) set out the terms for use of Orange Messenger by Windows Live (‘OM’) (including updates), that you use while this contract is in force, which apply to all users. In these Rules Orange may be referred to as “we,” “us” or “our”.  All of the software, products or services are referred to in this contract as the “service.”  Any use by you of the OM service means that you accept, and agree to abide by, all the terms and conditions of these Rules.

The Rules supplement our terms and conditions of use governing the use of your mobile phone  http://www.orange.co.uk/terms/

OM is operated by Orange Personal Communication Services Limited. We are registered in England and Wales under company number 02178917 and we have our registered office at St James Court Great Park Road Bradley Stoke Bristol BS32 4QJ. 

We are regulated by OFCOM.

USE OF THE OM SERVICE
Use of the OM services is not monitored or moderated and you recognise and agree that as such it is both reasonable and an essential part of the agreement between us and you that we cannot be responsible for your, or any third parties, use of the OM Service. We will not be responsible as author, editor or publisher of any messages sent or received using the OM service and we expressly exclude our liability for any loss or damage arising from the use of OM by any person.  We reserve the right to promptly remove, or to disable access to OM when we believe these Rules have been breached.

In using the service, you will:
• Obey the law;
• Obey any codes of conduct or other notices we provide (current or future);
• Obey the Anti-spam Policy, which is available at   http://privacy.microsoft.com/en-gb/anti-spam.aspx
• Keep your service account password secret; and
• Promptly notify us if you learn of a security breach related to the service.

OM STANDARDS
You agree that you will use the OM service reasonably. You must not use the OM service to send messages or in any way which may:
• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Be likely to harass, upset, embarrass alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person.
• Advocate, promote, and incite any third party to commit, or assist any unlawful or criminal act.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any services or web links to other sites.
• Harm us or our affiliates, resellers, distributors, and other customers.
• Be construed, at our sole discretion, for any unsolicited bulk messages or unsolicited commercial messages (“spam”).

You may not:
• use any unauthorised third party software or service to access the OM Service;
• use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information, or “meta-searching”);
• use any unauthorised means to modify or reroute, or attempt to modify or reroute, the service;
• damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone’s use and enjoyment of the service; or
• Resell or redistribute the service, or any part of the service.

USE OF ORANGE MESSAGING BY MINORS
The use of OM by a minor is subject to the consent of their parent or guardian who confirms that they understand that we are unable to control the content or nature of messages sent using the OM service.  We advise parents who permit their children to use OM that it is important that they communicate with their children about their safety of using OM.  Minors who are using OM should be made aware of the potential risks to them and of their obligation to comply with these Rules when using OM.

IF YOU ARE A NOMINATED ACCOUNT USER
If you are the user of a nominated account, then you agree that the primary account holder has full control over the nominated account.  This control includes the right to end the service, close or alter your nominated account at any time, and, in some cases, to request, receive and use information related to your nominated account. 

FAIR USE POLICY
If you only occasionally have very high usage, we're unlikely to be concerned unless it becomes a regular occurrence. If this does happen then we'll get in touch to help you find ways to reduce your usage.   We regard, and by accepting these Rules you agree, that excessively high usage is sending more than 10,000 messages per month via the OM service.

If your usage continues to be very high, we'll get in touch again. Ultimately, if your usage still remains excessive despite our attempts to help you reduce it, we may have to suspend or terminate your OM service and possibly close your account.

We don't want to do that, and with your support and goodwill we'll work with you to see if we can avoid this happening.

CHARGES AND PAYMENT
The terms and conditions relating to your Orange mobile phone apply.  These can be found at http://www.orange.co.uk/terms/

You will pay for your use of the OM Service in the same way you pay for use of your mobile phone in accordance with the above terms and conditions.

Subject to the fair usage requirements of these rules, specific charges for the OM Service are as follows:

£1 for a daily unlimited use bundle
£4 for a monthly unlimited use bundle
5p per message out of bundle

These rates may be varied at our sole discretion from time to time.

TERMINATION BY YOU
You may unsubscribe to the OM Service at any time. If you are an Orange Broadband customer click here. If you are an Orange Mobile customer click here. Or contact our Customer Services. No refunds will be provided for unused bundles where you choose to unsubscribe to the OM Service.

BREACH OF THESE RULES
When we consider that a breach of these Rules has occurred, we may at our discretion take such action as we deem appropriate.  Failure to comply with these Rules constitutes a material breach of the terms of use on which you are permitted to use the OM Service, and may result in our taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use the OM Service.
• Temporary suspension of your access and use to and use of the OM Service.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Rules.  The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

COMPLAINTS
If you wish to complain or raise any issue in relation to the OM Services please contact us by telephoning Orange Customer Services on 07973 100150 or 07973 100459.  We will then review the information you provide in the context of our rules regarding the usage of the OM Service and take appropriate action.

PRIVACY
We consider your use of the service to be private. However, we may access or disclose information about you, your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of these Rules or other terms and conditions which apply to the use of your mobile telephone; including use of this service to participate in, or facilitate, activities that violate the law; or (3) protect our rights, property, or the safety of our employees customers or the public. You consent to the access and disclosures outlined in this section.

We may use technology or other means to protect the service, protect our customers, or stop you from breaching these Rules or any other terms and conditions that apply. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the service.

In order to provide you the OM service, we may collect certain information about service performance, any device or machine you use the OM Service on and your use of the OM Service.  We will automatically collect this data where possible. You may read about this information collection in more detail in the privacy policy here. 

Notices We Send You; Consent Regarding Electronic Information.
These Rules are in electronic form. We have promised to send you certain information in connection with the OM service and have the right to send you certain additional information.  There may be other information regarding the OM service that the law requires us to send you.  We may send you this information in electronic form.  You have the right to withdraw this consent, but if you do, we may cancel your OM service.  We may provide required information to you:

• by e-mail at the e-mail address you specified when you signed up for your service;
• through your mobile telephone by access to any Orange web site.

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the OM service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.

WE MAKE NO WARRANTY.
We provide the service “as-is,” “with all faults” and “as available.” AND YOU AGREE THAT AND CONFIRM THAT YOU UNDERSTAND THAT THE OM SERVICES WILL NOT BE FREE FROM DEFECT OR ERROR OR DISRUPTION IN SERVICE. We do not guarantee the accuracy or timeliness of information available from the OM service.  No express warranties, guarantees or conditions are given.   YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS DISCLAIMER.

LIABILITY LIMITATION
We do not limit our liability if you die or are injured as a result of our negligence or you suffer loss as a consequence of any fraud by us.

We shall not be liable to you or any business connected to you, either in contract, tort (including negligence) or otherwise for any losses which are related to you or your business, including, without limitation, loss of data, loss of profits, loss of revenue or business interruption or any losses which are not reasonably foreseeable by us.
We accept responsibility for loss or damage to your physical property as a result of our negligence. We will pay up to £100,000 in any 12-month period for this loss or damage.

We shall not be liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines, or other equipment; fire; flood or storm).

Except as set out in this paragraph clause, any liability we may have to you, howsoever arising out of these Terms of Use or the supply of the Services is limited to the sum you pay us for use of the OM Service in any 1 month period.
 
Each provision of this clause operates separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable then, for the avoidance of doubt, that part shall still apply for the benefit of the other companies or company.

CHANGES TO THE OM SERVICE OR TERMINATION BY ORANGE
We may change the OM service, including any charges or fees for access to or use of the OM Service, or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the OM service stops right away. Once the service is cancelled or suspended, any data you have stored, either on any hardware or device, or on the OM service may not be retrieved later. Our cancellation of the service will not alter your obligation to pay all charges made to your billing account. If we cancel the service in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your service remaining right before the cancellation.

CHANGES TO THESE RULES
We may revise these Rules at any time. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.

OTHER THINGS YOU NEED TO KNOW
These Rules shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the exclusive jurisdiction of the High Court of England in respect of any dispute or matter arising out of or in connection with these Rules.

Unless otherwise provided in these Rules, any notices other than a notice of termination by you must be sent by email, post or delivered by hand as follows:
• to you, at the address you have given us or the email address given to us in your Registration Details or to any other address you provide to us subsequently in accordance with these Rules;
to us by telephone by calling Customer Support

Pay monthly mobile customers: 150 from your pay monthly phone or 07973 100 150 from any other phone

Pay as you go mobile customers: 450 from your pay as you go phone or 07973 100 450 from any other phone

or by post addressed to Customer Support, Orange, Great Park Road, Almondsbury Park, Bradley Stoke, Bristol, BS32 4QJ
or via our website.

In the case of notices sent by email, such notices shall be deemed to be received when capable of being accessed by you. In the case of notices sent by post, such notices shall be deemed to be received on the second business day after posting.

Any notice of termination by you must be made by calling Customer Support. You may be required to prove your identity to our reasonable satisfaction before we accept such notice of termination as being valid.

The illegality, invalidity or unenforceability of any provision these Rules shall not affect the continuation in force of the remainder of these Rules. Any waiver of any breach of the Agreements must be given in writing.