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VISITOR’S AGREEMENT

1. ACCEPTANCE OF WEBSITE TERMS AND CONDITIONS

1.1 By using our website, you agree to accept and be bound by These terms and conditions of use of our website (“ Website Terms and Conditions of Use”).

1.2 We may amend our Website Terms and Conditions from time to time. By accessing the website, you agree to be bound by the version of the Website Terms and Conditions contained on our website at the time of your visit to our website. You must therefore read the applicable terms and conditions on the website every time you use it!

1.3 If you really want to you can save and print these Website Terms and Conditions by opening the relevant web page and clicking on the browser /Word/ Acrobat Reader Toolbar, as the case may be.

USING THE WEBSITE

This section is important – please read it carefully!

2. REGISTRATION

2.1. You may need to register for certain, activities, goods and/or services on our website. We reserve the right to accept or reject your request to register at our sole discretion.

2.2. In order to register, you will need to provide certain information about yourself. In this regard, you agree to provide accurate and current information and to keep your information updated at all times. Our commitment to the privacy and security of your personal information is outlined in our Privacy Policy.

2.3. It is your responsibility to maintain the confidentiality of any passwords or PINs that you choose or that we give you, as a result of registering for any goods and/or services on our website. We may, at our sole discretion, revoke your password or PIN at any time for any reasonable reason.

2.4. You agree to notify us immediately of any unauthorized use of your password, PIN or account. We are not responsible or liable, directly or indirectly, for any loss or damage of whatsoever kind that you may suffer as a result of, or in connection, with your failure to comply with this clause.

3. PERMITTED USE OF OUR WEBSITE

3.1. Provided that you always abide by the Website Terms and Conditions, you may download, view and print our website material for legitimate personal and non-commercial purposes only.

3.2. You acknowledge and agree that:

3.2.1. By downloading any of our website material, or by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing our website material, when and if you are authorised to do so, you do not acquire any rights of ownership or rights of use in or to any of our website material;

3.2.2. If we make any software available to you on our website for downloading, you agree to read and be bound by the software terms and conditions, which will be provided to you during the downloading process. You assume all risk in downloading and/or using any such software; and

3.2.3. Recognizing the global nature of the Internet, you will comply with all KSA laws, rules and regulations regarding online conduct at all times.

3.3. You’ve heard this before – and it still applies! You agree and acknowledge that you may not:

3.3.1. Alter, modify, decompile, reverse, engineer, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, license and/or create derivative works from our website or website material, whether electronically or otherwise;

3.3.2. Use our website or website material for, or in order to do, anything illegal, unlawful, immoral, harmful or anything that this document prohibits, or for any illegal, unlawful or immoral purpose;

3.3.3. Use our website to distribute any material that contains a virus or other destructive material, data or code;

3.3.4. Use our website for “spoofing”, “hacking”, “phishing”, “spamming”;

3.3.5. the distribution of unsolicited commercial communications;

3.3.6. Use our website to distribute defamatory material or material containing hate speech. You agree to respect all other users of our website at all times;

3.3.7. Cache or frame our website or any of the pages on our website in any way whatsoever without our prior written consent;

3.3.8. Create a hyperlink, frame, metatag or similar reference, whether electronically or otherwise, to any page of our website or any subsidiary pages, without our prior written consent, exercised at our sole discretion;

3.3.9. Copy, reproduce, distribute, transmit, display, broadcast and/or publish any of our website material without our prior written consent. Where we elect, at our sole discretion, to grant you such consent, you may only do so if you keep and display all trademarks, trade names, copyright, ownership, proprietary and confidentiality notices exactly as they are displayed are on our website; and/or

3.3.10. Transfer any rights and/or obligations that we may grant to you in this document to any third party or entity.

If you do any of the above, we may claim damages from you or institute criminal proceedings against you.

4. DATA MESSAGES

4.1. We will only be deemed to have received data messages addressed by you to us when the data message is received by our information system.

4.2. For the purposes of this clause, “data message means data generated, sent, received or stored by electronic means and includes voice, where the voice is used in an automated transaction, and a stored record.”

5. VISITOR CONTENT

5.1. Any text, pictures, graphics, audio clips, video clips, software or any other information (“visitor content”) that you may submit, transmit or post to our website will be considered non-confidential and non-proprietary.

5.2. You may not submit, transmit or post any visitor content that is protected by intellectual property law without having the prior permission of the Intellectual Property holder.

5.3. We, our suppliers and designees, will be free to copy, disclose, distribute incorporate and otherwise use the visitor content for any and all commercial or non-commercial purposes. We reserve the right to remove or refuse to post on our website any visitor content in whole or in part that we deem to be unacceptable (at our sole discretion) or which does not comply with the Website Terms and Conditions.

5.4. Indemnity. We, and our suppliers, have no obligations in respect to any submitted, transmitted or posted visitor content. In this regard, you indemnify us, and our suppliers, against any liability or loss and/or damage resulting from visitor content.

6. CHANGES TO OUR WEBSITE

6.1. In addition to amending, altering adding to or deleting any Website Terms and Conditions from time to time, we may change, amend, suspend, withdraw and/or discontinue any aspect, feature, product, service and/or information contained on our website at any time without notice to you. We may also impose limits on certain features and services or restrict your access to any or all of the website from time to time without notice or liability.

6.2. We may also change the software and hardware required to access and use the website from time to time, without any notice or liability.

7. INTELLECTUAL PROPERTY

7.1. The Intellectual Property is owned by us, used under licence or with permission from the Intellectual Property owners. In particular, you should note that “Virgin Mobile”, “Virgin Mobile Saudi Arabia” and the Virgin signature logo are registered trade marks of Virgin Enterprises Limited (“the Names”), who is the registered owner of all rights of whatever nature therein, and are used by us under licence.

7.2. You may not copy, reproduce, display or use any Intellectual Property or the Names in any manner whatsoever without our prior written permission and nothing contained on our website should be construed as granting any license or right of use of any Intellectual Property or the Names.

8. DISCLAIMERS

8.1 Your use of our website is entirely at your own risk and our website is provided
“as is”.

8.2 We do not represent or endorse the accuracy or reliability of any advice, ideas, opinions, statements or other information contained in, displayed on, linked to or distributed through our website or website materials. Any advice, ideas, opinions, statements or other such information should not be regarded as professional advice or our official opinion. If you choose to rely on any such opinion, statement or other information, you do so entirely at your own risk.

8.3 Our website may contain links to other web pages, with information and material produced by other parties. While we try to provide links only to reputable websites, we cannot accept liability or responsibility for the information provided on other sites. A link from our website to another site does not mean that we have looked at the other site or that we endorse the owners or administrations of the sites, their business, security practices and/or operations.

8.4 Information transmitted via an unsecured line over the Internet, including email, is susceptible to potential unlawful access, distortion or monitoring. Any measures we have taken to limit these risks are outlined in our Privacy Policy.

8.5 To the fullest extent permissible by law, we do not make any warranties or guarantees about the Website or its fitness for a particular purpose.

8.6 Specifically, We do not warrant that the functions contained on our website or website material will:

8.6.1.Meet your requirements or operate in the combination selected by you;

8.6.2. Be uninterrupted, timely, secure or error free;

8.6.3. Be free from viruses, trojans, bombs, time-locks, defects, errors or other harmful components. We also do not warrant that any defect or errors will be corrected;

8.6.4. Provide specific, accurate or reliable results or that any content, search or link on the website or website material will be accurate or reliable.

Each provision of this clause is severable from the other and if any clause is deemed to be illegal, invalid or unenforceable that clause will not apply but the remaining clauses will remain valid and enforceable.

9. LIMITATION OF LIABILITY

9.1. You are responsible for the security and protection of your computer and the programmes that run on it. Although we take all reasonable precautions in operating our website, neither we, nor our agents or representatives, take any responsibility, nor will any of us be liable for any damages to, or for any viruses that may, infect your computer equipment or software or other property as a result of your access to, use of or browsing of our website or your downloading of any materials, data, text images, video or audio from our website. If you download, or otherwise access any material from our website, you do so at your own risk and you will be solely responsible for any damage to your computer system or loss of data that may result there from.

9.2. You agree that under no circumstances whatsoever, including as a result of our or our employees, agents, contractors and/or supplier’s negligent acts or omissions, shall we, our agents, contractors and/or suppliers be held liable for any direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damages of any kind whatsoever, whether caused (whether under contract, tort or otherwise) and whether the loss was actually foreseen or reasonably foreseeable), including, but not limited to, any loss of profits, loss of revenue, loss of operation time, corruption, information and/or data.

10. GOVERNING LAW

10.1 Our website is hosted, controlled and operated from KSA. We both agree that all website terms and conditions will be governed by, construed and interpreted on accordance with the laws of KSA. To the extent that a court has jurisdiction over any matter between the parties arising out of or in connection with the Website Terms and Conditions, we both consent to the jurisdiction of the courts in Riyadh.

11. SEVERABILITY

11.1. Any provisions in the Website Terms and Conditions that are, or may become, illegal, invalid or unenforceable will not apply but the remaining Website Terms and Conditions will remain valid and enforceable.

12. FULL LEGAL AGE

12.1. By using our website, you warrant that you are of full legal age and full legal capacity, alternatively, that you are emancipated or have your guardian’s consent to enter into and agree to use our Website Terms and Conditions.

13. PRIVACY POLICY

13.1. By using our website, you acknowledge that you have read and understood our Privacy Policy, the terms of which are specifically incorporated into these Terms and Conditions of Use.

14. MONITORING OF COMMUNICATIONS

14.1. You expressly give your consent for us to intercept and monitor your Internet and e- mail traffic on our various servers and domains.

15. DEFINITIONS

15.1. “intellectual property” means all intellectual property contained on our website, including, but not limited to, content, trademarks, logos, pictures, video downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks, which belong to us or which are licensed to us or which we are permitted to use.

15.2. “KSA” means the Kingdom of Saudi Arabia;

15.3. “we” or “us” means Virgin Mobile Saudi Consortium LLC.

15.4. “website material” means all material and information contained on our website;

15.5. “website” means [insert url] and includes our online store;

15.6. “Website Terms and Conditions” means all terms and conditions contained on our website from time to time, including these Terms and Conditions of Use;

15.7. “Terms and Conditions of Use” means these terms and conditions of use of our website, as contained in this document; and

15.8. “you” means any person who enters, accesses, browses or used the website, notwithstanding the fact that the person accesses only the home page of the website.

VIRGIN and the Virgin Signature logo are registered trademarks of Virgin Enterprises Limited and are used under license.