Apps Terms Of Service

GENERAL TERMS OF USE OF VIVA BAHRAIN

The company VIVA BAHRAIN, a Private Joint-Stock Company, registered in the Trade and Companies Register as number 71117 in the Kingdom of Bahrain hereinafter “VIVA BAHRAIN”, has developed a downloadable Application, defined in article ‎1.2, known as VIVA BAHRAIN, offering communications and telecommunications services.

Before accessing the Services offered by VIVA BAHRAIN, please read the present general terms of use (hereinafter the “Terms of Use”) carefully. The purpose of the present Terms of Use is to provide the legal framework of the methods for providing the Services and for the User’s use of the Application. They constitute the Contract between VIVA BAHRAIN and the User.

Access to the Services by the User occurs after acceptance of the present Terms of Use. The User shall accept the Terms of Use by clicking to accept the Terms of Use. If the Terms of Use are not accepted, the User may not access the Services offered by VIVA BAHRAIN.

1.     LEGAL FRAMEWORK

 

1.1. Preamble:
These Terms of Use are in force from the date of acceptance by the User until they are terminated by the User, or by VIVA BAHRAIN, in accordance with article ‎6hereof. The User cannot accept the present Terms of Use if (a) the User is not legally authorised to use the Application in the country where the User is located or (b) if they are under the legal age required to conclude a legally binding contract with VIVA BAHRAIN.

 

1.2. Definitions
Application” designates the downloadable application developed and operated by VIVA BAHRAIN, offering communications and telecommunications services, which is downloadable from the application distribution platforms Google Play Store (for Android terminals).

 

User Account” designates the personal account created by the User to use the Application.


Terms of Use” designates the present general terms of use, and the Personal Data Protection Policy posted in the Website.


“User Content” designates all the User’s publications, personal information and content while using the Application, in particular when publishing messages or media or, more generally, when the Application’s functions allowing publication are used.


Contract” designates the Terms of Use.


Number(s)” designates the mobile telephone Number(s) allocated to the User by VIVA BAHRAIN, allowing the User to be identified via the Application developed by VIVA BAHRAIN. The methods of allocation and use of the Number are described in detail in article ‎2.1


Service(s)” designates all paying or non-paying services offered by VIVA BAHRAIN accessible by the User via their Application in accordance with the present Terms of Use.


Website” designates the site accessible at the address www.viva.com.bh, operated by VIVA BAHRAIN.


User” designates the registered holder of a User Account and the holder of a license of the Application in accordance with the present Terms of Use.

 

1.3. Purpose of the Terms of Use:
The purpose of the present Terms of Use is to grant a non-exclusive license for use of the telecommunications Application developed by VIVA BAHRAIN.

 

2.     USE OF THE APPLICATION

 

2.1. Terms of Use of the Application:

To use the Application the User must, initially, create a User Account by following the methods set out below in article ‎2.1.1.

 

2.1.1.       Creating a User Account:


The User must create a User Account in order to download and use the Application. Before creating a User Account the Application must be downloaded from the application distribution platforms Google Play Store (for Android terminals).  Once the Application is opened the User will be asked to create a User Account.

 

To create a User Account a User must have an active Service with VIVA Bahrain.
The User must then choose a password and an identifier. It is recommended that users choose a password with a minimum of 6 characters, consisting of figures, lower-case letters, capital letters and symbols. This password remains personal and confidential, and must not be shared with any third party so as to prevent any unauthorized use of the Application in particular and, more generally, of the User Account.
 

If in doubt concerning the confidentiality of their password, the User should immediately change their password to protect the security of their User Account.
The User acknowledges and agrees that they alone shall be liable for all activities undertaken with their User Account. It is also the User’s responsibility not to reply to unsolicited requests for information concerning, for example, their bank card or bank details.

 

2.1.2.       Subscriptions to a Service :


The User may, using the Application’s interface, after creating their User Account, subscribe into a Service. These Services may be divided into several categories, respectively having their own price table shown in the pricing appendix viewable on the Website.


Thanks to the “Privacy” function provided by VIVA BAHRAIN, most of the Services can be activated or deactivated using the Application’s interface, to allow the User to manage communications with other Users subject to the business rules noted in the Website. The User may, in the same way, activate and deactivate the functions of Numbers (calls, voice messages and SMS) to prioritize or restrict certain methods of communication.  Each activation of a Service subscribed to by the User will require them to enter the password chosen by the User when creating their User Account. If this password is lost the User must send a request to reset the password directly via the Application. A link allowing this reset will be sent to the email address provided by the User when creating their User Account.   After three (3) consecutive errors in entering the password a photograph will be automatically taken by the User’s terminal and sent to the email address provided by the User when creating their User Account.

 

2.2.  Prerequisite


Use of the Application provided by VIVA BAHRAIN requires prior subscription to a mobile telephone network including the possibility of making and receiving telephone calls, and subscription to a mobile Internet package. The User must provide all the necessary equipment to allow communication, notably through use of a terminal, of the mobile telephone, Smartphone, PDA, tablet or other type. The Application is compatible with terminals using an Android operating system.  The User also acknowledges and accepts that operation of the Application requires subscription to a broadband mobile Internet access package which is their own responsibility, operation of which is essential for use of the Application. VIVA BAHRAIN is liable neither for the satisfactory operation of the telephone network and the mobile Internet package, nor for the User’s equipment.

 

VIVA BAHRAIN can under no circumstances guarantee that the Application will function without problems, disruption or errors. VIVA BAHRAIN is not liable for any problems, disruption or errors caused by a fault independent of its will, in particular, and as a non-restrictive example, faults of the telephone operator or the telecommunications equipment belonging to the User. Many factors can influence the quality of service and use of the Application and cause the User’s communications to fail, including: the User’s equipment, the Internet access provider and the telephone operator, the local network, the public Internet network, the public telephone network and the User’s electricity supply.

 

 

2.3. Limits of use of the Application


The User must use the Application in accordance with the applicable law and is solely liable if the Application is used for illegal purposes. The User must under no circumstances:

 

2.3.1.       Impair (and must on the contrary prevent impairment of) the Application, and in particular:

(a)     Use a process designed to deform, alter, modify, disassemble or delete the Application, the protocols and the communications, such as, in particular, viruses, Trojans, worms, logic bombs, etc.;

(b)     Alter or attempt to alter the Application, its functionality or its availability    Circumvent, deactivate or disrupt the functions relating to the Application’s security and integrity (or the integrity of any electronic equipment of any kind), or functions preventing or restricting use of the Application’s content;

(c)     Use an automated system to access the Application.

2.3.2.       Download and/or share inappropriate content (illegal, offensive to human dignity, of a sexual, defamatory, injurious, racist character, or any other content which might engage the civil or criminal liability of the person or entity publishing it);

2.3.3.       Undertake activities prejudicing the private lives of other persons, notably by misappropriating the identity of another person;

2.3.4.       Modify, intercept or monitor any communication which is not directed at them;

2.3.5.       Collect data from the Application allowing personal identification, including names of accounts;

2.3.6.       Use the Application to send, or to assist other persons to send, undesirable messages. The term “undesirable messages” is understood to mean all unrequested messages and requests for contact (“SPAM”, “SPIT or SPam over Internet Telephony”, “undesirable mail”, or misleading or mendacious content), sent in bulk, whether in the form of emails, calls, instant messages or by other means;

2.3.7.       Use the Application for purposes of phishing, misappropriation of identity or pharming;

2.3.8.       Use the Application to embarrass, threaten, hassle or intrude into the private life of a third party, or expose a third party to shocking, indecent or dangerous content;

2.3.9.       Prejudice the intellectual property rights of VIVA BAHRAIN, of another User or of a third party, and in particular:

(a)     Use in any manner whatsoever any content subject to ownership rights not belonging to the User, unless the latter holds a licence or express permission from the owner of the rights;

(b)     Resell or market the Application, since the latter is intended for the User’s personal use.

 

2.4. Updating and Suspension of the Service

 

2.4.1.        Updating of the Application


The User may be obliged to install updates to continue using the Application. These updates will enable software compatibility to be maintained, will offer new functions or versions of the Application, or provide security updates or bug fixes. VIVA BAHRAIN reserves the right to check the versions of the Application and to upload configuration modifications and updates of the Application. VIVA BAHRAIN is under no obligation to make these updates available. These updates are therefore subject to the present Terms of Use, unless these updates are accompanied by separate terms.

VIVA BAHRAIN does not guarantee that the updated Application will always be compatible with older versions of the Application. Nor does VIVA BAHRAIN guarantee to continue to provide maintenance for a version of an operating system or device for which the User has a License.

 

2.4.2.       Suspension and maintenance of the Service:

VIVA BAHRAIN reserves the right to temporarily suspend or restrict use of all or part of the Application in order to undertake operations to maintain or upgrade the Application, or the underlying infrastructure allowing use of the Application which are required for continuity of the services, or relating to technological developments.
Except in an emergency, temporary interruptions shall as far as possible be notified on the Website before they occur.

 

VIVA BAHRAIN shall under no circumstances be liable for damages caused to the User if use of the Application is suspended or restricted.

 

In order to improve the Application, VIVA BAHRAIN may modify it at any time. VIVA BAHRAIN may also suspend use of the Application under certain circumstances including, as non-restrictive examples, an inability to provide the service, problems of an external origin making establishment of the service difficult or inadvisable, technological progress and the need to modify the service. In the event of modifications the User must consequently use an updated version of the Application.


The User also acknowledges that limits on use and geographical restrictions may vary. The User is therefore advised to visit the Website regularly to obtain more detailed information on restrictions of use and recent modifications made to the Application.


In the event of disagreement with certain modifications made to the Application, the User may terminate its relationship with VIVA BAHRAIN using the methods set out in article ‎6.1.

 

3.     HOSTING OF USER PERSONAL INFORMATION AND COMMUNICATIONS CONTENT

 

3.1. Types of Personal Information Hosted

The types of information that VIVA BAHRAIN may host can vary. For example:

 

3.1.1.       Account and Subscription information: Information hosted could include User name, postal address, email address, telephone number, ID, device identifier information such as User communications with VIVA Bahrain and any recorded complaints. VIVA Bahrain may also host your account credentials, passwords, profile information and other information you provide to facilitate the use of Services.

 

3.1.2.       Applications: In some cases, VIVA Bahrain may host information about applications used on the User’s device including Third Party Services (i.e. applications, products, services, software, websites or content provided by a third party that may be used in conjunction with VIVA BAHRAIN Services, but are not offered, operated or supported by VIVA Bahrain). Also, if the User chooses to use Third Party services with his/her account or device, certain information may be collected and disclosed to the third party, or from the third party to VIVA Bahrain, in order to facilitate or improve the services and functionality provided.

 

 

3.1.3.       Cookies or similar technologies: A cookie is a small text file or piece of data that is downloaded to and stored on your computer or device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes the cookie. As part of VIVA Bahrain Services, VIVA Bahrain may use different types of cookies or similar technologies (“Cookies”) from time to time. Certain Cookies are necessary to facilitate the User’s  use of VIVA Services or to protect both the User and VIVA BAHRAIN when User signs-in to certain Service (such as storing your credentials to make it easier whenever you want to use VIVA Bahrain Services or to confirm that you are logged in). Other Cookies are more performance-related such as for analytics or contextual purposes to help us understand how users engage with VIVA Bahrain Services. Some Cookies are more function-related and help personalize User’s experience and make the Service easier to use (such as your language or jurisdiction preferences), or to help VIVA BAHRAIN display personalized content to User. Other Cookies or similar technologies may be used for targeted advertising purposes (e.g. certain Services may be supported by advertising revenue and display advertisements and promotions which may be targeted against non-personally identifiable attributes or aggregate data collected by VIVA Bahrain, and VIVA BAHRAIN or its service providers may place such advertising on VIVA BAHRAIN Services). Anonymized or aggregated information about usage of VIVA BAHRAIN Services may be provided in a form that does not personally identify the User to VIVA BAHRAIN’s service providers as part of analytics services and to help manage online advertising. Most browsers are initially set to accept Cookies, but User can usually change his/her browser settings to refuse Cookies or to indicate when a Cookie is being sent. The User can typically remove or block browser Cookies using the settings in the browser, but that may impact User’s ability to use certain VIVA BAHRAIN Services as they may not work well or at all with Cookies disabled. Choosing to continue without disabling Cookies indicates the User consent to VIVA BAHRAIN’s use of Cookies in accordance with this Privacy Policy.

 

3.1.4.       Financial information: If the User purchases a Service, VIVA BAHRAIN may host credit card or other payment information and use it to facilitate billing and credit services and conduct credit checks, as applicable. Similarly, VIVA BAHRAIN may hosr payment or other financial information when the Customer use Near Field Communications functionality on your VIVA BAHRAIN device.

3.1.5.       General usage data: In some cases, information like technical properties and general usage information of software and hardware utilized in conjunction with a VIVA BAHRAIN Services  might be hosted when the User uses such Services (e.g. type of web browser, referring or exit web pages, operating system version, hardware model of your device or personal computer platform, IP address), or when you use a VIVA BAHRAIN troubleshooting tool (e.g. basic usage statistics or information about your device including event logs, application configurations, battery life, radio or Wi-Fi signal levels, device reset and memory or system performance information).

 

 

VIVA BAHRAIN undertakes to comply with the legal and statutory obligations inherent to confidentiality of the personal information transmitted by the User through telecommunications means. VIVA BAHRAIN also undertakes to guarantee the security, confidentiality and integrity of the hosted Personal Information, and other correspondence, in accordance with the applicable legal and statutory obligations

 

3.2. Content of telephone correspondence

This article concerns content sent by telephone correspondence, or in other words via SMS, MMS, instant messaging or telephone calls. Traffic data, such as the date, time and duration of communications, the characteristics of the communication equipment, and also information enabling the User to be identified, may be stored by VIVA BAHRAIN in accordance with the legal provisions and the applicable regulations. VIVA BAHRAIN undertakes to comply with the legal and statutory obligations inherent to confidentiality of the correspondence transmitted by telecommunications means. VIVA BAHRAIN also undertakes to guarantee the security, confidentiality and integrity of SMS, MMS, and other correspondence, in accordance with the applicable legal and statutory obligations.

 

However, content which is stored, used, transmitted and received by the User by means of the Application is done so under their sole liability. It is the User’s responsibility to ensure that they do not breach the legal and statutory provisions in force, more specifically by breaching the intellectual property rights attached to certain content.

 

3.3. User Content


The User is solely liable for the use they make, or seek to make, of the functions of the Application and of the User Content. VIVA BAHRAIN does not check or promote User Content. VIVA BAHRAIN does not accept any liability as regards this User Content, of whatever nature, including, without this being restrictive, media shared through use of the Application. The User also acknowledges and accepts that VIVA BAHRAIN does not undertake any prior checking of the User Content, and that it is not bound by a general obligation to monitor this content. Similarly, VIVA BAHRAIN undertakes no checking of the external sites and sources to which hypertext links accessible via the Application are linked.

 

3.3.1.        Notice of withdrawal of content


VIVA BAHRAIN can receive notifications concerning User Content which breaches the present terms. Thus, in the event of illegal User Content, or User Content infringing the User’s rights, the User can notify this to VIVA BAHRAIN in order to request that it be withdrawn. In this case, the User shall be solely liable for the complaint they have made to VIVA BAHRAIN. The User accepts and agrees that all complaints made by them may be used in connection with possible legal proceedings. The User also accepts and agrees that any inaccurate, false or misleading information may engage their civil and criminal liability.

 

VIVA BAHRAIN reserves the right, although it has no obligation to check User Content, to access the said User Content at any time without prior notification, to check compliance with the present Terms of Use, to check for any breach or presumed breach of rights of third parties, to check Users’ liability following individual complaints and/or requests by the authorities, and to take the necessary measures, including temporary suspension or termination of the Contract in accordance with the applicable law and with the stipulations of the present Terms of Use, and in particular those set out in article ‎6.2.

 

Any complaint or notification wrongly accusing User Content of breaching the rights of the notifying User or the rights of third parties when this declaration is known to be inaccurate renders the notifying User liable to prosecution. The notifying User may thus be ordered to pay damages, costs and/or the legal costs borne by them, and also by any holder of rights having incurred a prejudice due to the confidence shown by VIVA BAHRAIN in this inaccurate declaration. In this case the notifying User may also, as applicable, be subject to criminal proceedings.

 

4.     INTELLECTUAL PROPERTY


The Application contains exclusive and confidential information protected by the laws and treaties on intellectual property.


VIVA BAHRAIN has exclusive ownership of the Application, and the User undertakes not, directly or indirectly, or through a third party, to prejudice, imperil or limit, by any measure whatever, the intellectual property rights held by VIVA BAHRAIN over the Application. Similarly, any reproduction, representation, adaptation, modification, translation, transformation, distribution, integration in other equipment, exploitation, whether commercial or not, and/or re-use, in any manner whatsoever, of all or part of the elements comprising the Application, is strictly prohibited.

 

VIVA BAHRAIN, the commercial trademarks and the associated logos are commercial trademarks owned by VIVA BAHRAIN. They may not be registered or used in a manner to denigrate or discredit VIVA BAHRAIN, or to create confusion.

 

4.1. End user License Contract

 

4.1.1.       License Contract

 

The User has, subject to acceptance of, and to compliance with, the present Terms, a limited, non-exclusive, non-transferable, non-assignable right of use, on a non-paying basis, to download and install the Application on a terminal, of the personal computer, mobile telephone, Smartphone, PDA or tablet type or any other device, and to use the Application on a personal basis by means of their User Account. The Application is compatible with terminals using an Android operating system. This right is granted to the User for the full term of the present Contract.

 

4.1.2.       Limits


The User may not, and agrees not to:

(a)     Grant the license, sell, assign, export, import, distribute or transfer, or grant rights to a third party over the Application;

(b)      In any manner whatsoever, modify, copy, decompile, undertake reverse engineering or disassemble all or part of the elements comprising the Application or, indeed, attempt to derive the source code, or create works derived from all or part of the Application or from its updates, except in cases where the applicable law provides otherwise;

(c)     Allow or authorize modification, creation of derived works or improvements, translation, emulation, piracy, discovery or attempted discovery of the source code or of the protocols of the Applications or of any part or latter’s function (except to the extent permitted by law);

(d)     Delete, conceal or modify the legal mentions of the trademarks or other property mentions included in the Application;


Any action set out above shall be considered as a breach of VIVA BAHRAIN’s rights. If the User contravenes these restrictions they may be subject to legal proceedings and damages. These provisions within this document shall govern all updates provided by VIVA BAHRAIN which replace and/or are added to the Application, unless this upgrade is accompanied by a separate license.

 

 

4.2. Protection of Personal Data


The User must refer to the Personal Data Protection Policy to obtain more information on collection and use of their personal data on the Website.

 

5.     OBLIGATIONS

 

5.1. General points

 

The User undertakes to use the Application in accordance with the stipulations of the present Terms of Use. The User also undertakes not to prejudice the integrity or functions of the Application, in accordance with the present Terms of Use, and not to prejudice the intellectual property rights belonging to VIVA BAHRAIN.

 

5.2. User Content


The User must comply with the present Terms of Use in using the Application, and in particular in publishing messages or media or, more generally, in using functions of the Application which allow the publication, hosting or sharing of content.

 

The User declares and guarantees that they:

 

(a)           Have the consents, authorizations and licenses required to use and authorize VIVA BAHRAIN to use, all the copyrights, patents, commercial secrets and other property or intellectual property rights and all User Content in accordance with the present terms. The User is therefore not authorized to copy, reproduce, publish or use images, text, graphical representations, music or sounds obtained from another party without the owner’s prior, express authorization;

(b)           Have the authorization, consent or permission of persons identifiable in the User Content before any use, publication, inclusion of the name or of personal elements of the persons concerned within the User Content;

 

By publishing or uploading User Content, the User agrees and accepts to grant VIVA BAHRAIN a non-exclusive, irrevocable rights-free world license over this content, which is sub-licensable and transferable, for all rights of use, modification, representation, translation, exploitation, publication, inclusion, registration, adaptation and reproduction, and other rights. This license is granted for the full maximum term of protection by the intellectual property rights of the User Content published or uploaded by the User. The User also grants each User of the Application a non-exclusive license to access the User Content and to use, copy, distribute, represent, display or transmit this content, in accordance with the Terms of Use of the Application.

 

The User also guarantees to VIVA BAHRAIN that it holds all the rights and authorizations required for publication or uploading of User Content by means of the Application.
The User holds VIVA BAHRAIN harmless against any claim brought by third parties or other Users on the ground that their User Content constitutes a breach of intellectual or industrial property rights claimed by third parties or other Users, and VIVA BAHRAIN may not be sued or troubled on this subject.

 

6.       TERMINATION

 

6.1. Termination by the User

 

The User has the option of terminating their relationship with VIVA BAHRAIN when they so desire, without further formality. To do so, the User need merely request the closure of their User Account, cease their use of the Application. A confirmation of the termination shall be communicated to the User subject to the respective business rules of VIVA BAHRAIN.

 

6.2.  Termination by VIVA BAHRAIN


In the same way, VIVA BAHRAIN may terminate its relationship with the User, or may cancel or suspend their use of the Application or of their User Account(s) at any time, without appeal before the courts in the following cases:

(a)           If the User has breached the present Terms of Use;

(b)           If VIVA BAHRAIN suspects illegal use of the Application or use contrary to the rights of third parties;

(c)           If VIVA BAHRAIN suspects that the User is attempting to derive undue advantage from the reimbursement policy or one of VIVA BAHRAIN’s other policies, whatever they may be, or to use them ill-advisedly;

(d)           If VIVA BAHRAIN suspects that the User is using the Application fraudulently, or that their Account is being used fraudulently by a third party;

 

 

VIVA BAHRAIN shall terminate the said Contract by blocking access to the User Account, to the Application or to the Services (if applicable).

 

6.3. Consequences of termination


Termination shall have the following consequences:

(a)           All licenses and rights to use the Application shall be terminated immediately;

(b)           Use of the Application shall cease immediately;

(c)           The User must immediately delete the Application from all hard disks, networks and storage media, and shall destroy all copies in their possession or under their control.

 

 

7.      GUARANTEE AND LIABILITY

 

7.1.   No guarantee

 

In light of the relevant and applicable legal provisions, the Application is provided “as is”, and shall be used at the User’s own risk, without any guarantee. In this sense, the User is solely liable for the protection, security and integrity of data, hardware and software, and for the confidentiality of their User Account passwords and identifiers in connection with use of the Services. VIVA BAHRAIN assumes no liability towards any third party or towards the User concerning content, and the User is solely liable for the User Content they submit, create, display or publish by means of the Application. In addition, VIVA BAHRAIN guarantees no confidentiality of the data and of the content published by means of the Application. VIVA BAHRAIN does not guarantee that the Application shall always be available, accessible, uninterrupted, reliable and error-free. In addition, no guarantee is given concerning Internet connections or transmissions, or the quality of calls made by means of the Application.

 

The present terms do not exclude or limit VIVA BAHRAIN’s liability in the event of:

(a)           Death or bodily injury;

(b)           Malice or fraudulent representation by VIVA BAHRAIN;

 

If a third party were to bring a complaint against VIVA BAHRAIN in relation with, or following (i) any breach by the User of the present Terms of Use, (ii) any breach by the User of any law or applicable regulation, (iii) any breach by the User of rights of third parties (including intellectual property rights), (iv) their User Content, or (v) their complaint relating to any User Content, the User shall be bound to indemnify and absolve VIVA BAHRAIN from all damages, liabilities, losses, costs and expenditure (including reasonable legal fees and costs) relating to such a declaration.

 

7.2. Limits

 

7.2.1.       Non-professional User

 

Subject to the above articles, and in accordance with the applicable law, VIVA BAHRAIN cannot be held liable towards the User, whether or not VIVA BAHRAIN has been informed of the possibility of such damage or loss, due to:

(a)           Indirect damage, and in particular any damage, loss or corruption of data;

(b)           Damage resulting from acts by third parties or cases of force majeure (see article ‎8)

(c)           Any claim, any damages or losses resulting from, or relating to:

·         The User’s inability to use all or part of the Application or of its functionality;

·         The User’s inability to take the necessary measures to contact the emergency services;

·         The User’s inability to provide precise information concerning the physical location to an emergency service;

·         Actions of the third-party emergency service agents and call centers which the User has contacted.

 

In addition, the Service offered by VIVA BAHRAIN is an alternative communication service which can under no circumstances replace the services of their mobile operator. Communications with emergency numbers are thus not routed by VIVA BAHRAIN, and they continue to be routed by their mobile operator.

 

7.2.2.       Professional User


Subject to the above articles, and in accordance with the applicable law, VIVA BAHRAIN cannot be held liable towards the User, whether or not VIVA BAHRAIN has been informed of the possibility of such damage or loss due to Indirect damage, and in particular:

(a)           Any loss of income, contracts, real or anticipated profit, possibilities, brand or reputation-related image, clientele or turnover;

(b)           Any damage or corruption of data

(c)           Any claim, any damages or losses resulting from, or relating to:

·         The User’s inability to use all or part of the Application or of its functionality;

·         The User’s inability to take the necessary measures to contact the emergency services;

·         The User’s inability to provide precise information concerning the physical location to an emergency service;

·         Actions of the third-party emergency service agents, and call centres which the User has contacted.

(d)           Damage resulting from acts by third parties or a case of force majeure (see article ‎8)

 

In addition, the Service offered by VIVA BAHRAIN is an alternative communication service which can under no circumstances replace the services of their mobile operator. Communications with emergency numbers thus continue to be routed by their mobile operator. VIVA BAHRAIN’s total liability towards the professional User in regard to the present Terms of Use, or in connection with them (whether within the framework of the contractual relationship, as of right (included due to negligence), or any other theoretical liability) may not be greater, all prejudices combined, than the total sum paid by the User for products within the 12-month period immediately preceding the date of occurrence of the event having led to the action in question. This sum is capped at twenty percent (20%) of the annual sums invoiced and paid by the User.

 

8.     FORCE MAJEURE


VIVA BAHRAIN’s liability cannot be engaged in the event that non-performance or delayed performance of one or more obligations contained in the present Contract is due to a case of force majeure or an unforeseen accident. Cases of force majeure are understood to mean exceptional adverse weather, natural catastrophes, fires and floods, lightning, electronic power surges, attacks, internal or external strikes, internal or external failures or malfunctions, such as failures relating to the telephone network, and all failures caused by the mobile telephone operator and, generally, any irresistible and unforeseeable event which does not allow satisfactory operation of the Application.

 

9.     RESOLUTION OF DISPUTES – APPLICABLE LAW


The language of the Contract and of communication is English. The present Terms of Use are subject to laws of the Kingdom of Bahrain. In the event of a dispute arising from their interpretation or their performance, the parties shall endeavor to seek an amicable solution. Failing this the dispute shall be brought before the courts of the Kingdom of Bahrain with jurisdiction.

 

10.      CONTACTING VIVA BAHRAIN


To contact VIVA BAHRAIN in connection with the Application or any other service provided by VIVA BAHRAIN, the User or any other person must send a request for assistance to the following email address: vivaapps@viva.com.bh


Any other means used to contact VIVA BAHRAIN shall be ineffective.