Quality and Availability of Services

Warid shall make pre-paid services available to the subscriber subject to these terms and conditions. These services are not fault free and may be affected by both internal and external factors including but not limited to acts of God, weather conditions, planned maintenance works or rectification works on the Network, or geographical topography or through any other unforeseen circumstances may interfere adversely with the quality and provision of the services herein provided. The company shall however, try to ensure that the subscriber has full use of the services to access the Network within its area of coverage, but does not guarantee the availability of the said services at all times. The company shall therefore not be responsible or liable for any loss whatsoever and howsoever arising as a consequence of unavailability of the services.

Warid may at its discretion and without prior notification, discontinue the provision of the services or any part thereof without incurring any liability to the subscriber. Restoration and access to all or any part of the Services shall be at the sole discretion of Warid and if restored may be subject to the payment of additional charges on such terms and conditions as Warid may determine from time to time. The subscriber shall comply with the Warid’s instructions which may be given or varied from time to time on how to utilize or access the services. The Subscriber hereby waives all its rights and claims against Warid in case of interruption, interference on stoppage of service for any reason whatsoever including the reasons mentioned.

Mobile Equipment and SIM Card – Ownership, Loss, Damage and Warranty

The SIM Card issued to the subscriber together with the subscriber identification number shall at all times remain the property of Warid subject to these Conditions of Use. In the event of damage to, loss or theft of the SIM card, the subscriber shall inform Warid immediately of such damage thereto; loss or theft thereof. In the case of theft of the SIM Card, the subscriber shall also be under an obligation to adduce proof of having reporting theft of the SIM Card to the police prior to reporting the same to Warid. The Warid shall upon receipt of such notification disable such damaged, lost or stolen SIM Card. The Warid may issue a replacement SIM card upon payment of a requisite fee or may repair a damaged SIM card at prescribed fee. The subscriber shall be responsible for all the usage charges up to the time of notification of the Warid of the loss, theft thereof or damage thereto The intellectual property rights in the SIM Card and the all services (the software included) belongs to Warid or its suppliers and is supplied to the subscriber, under license, by the Warid for proper use with the services only. Warid may change the Intellectual Property Rights at any time without prior notice to the subscriber. The subscriber shall not copy or change or reverse engineer any of the Intellectual Property Rights (IPR). If the Mobile Equipment is disconnected from the services or if the Warid changes the IPR the subscriber shall either destroy the SIM Card or return the same to Warid, as and when the Warid requires such relinquishment to be done.

In the event that any Mobile Equipment and/or SIM card provided by Warid or its authorized agents to the Subscriber is found to be faulty or defective, such faulty or defective Mobile Equipment and/or SIM card shall be immediately returned together with the receipt of issued at time of purchase within forty eight (48) hours of the purchase. Thereafter Warid shall not be obliged to accept, exchange or repair the SIM card/ Mobile Equipment or refund the amount paid by the Subscriber for the same. Warid shall only be liable to repair or replace Mobile Equipment and/or SIM card in the case of defects in materiality and/or workmanship, which are ordinarily the manufacturer’s defects Warid shall use all reasonable endeavors to extend to the Subscriber the benefit of any warranty given to Warid (subject to any limitations and restrictions thereof) by the manufacturer provided that any expense reasonably incurred by Warid in extending such benefit shall be held to the account of the Subscriber. This is the only warranty that is given by Warid and stipulates the extent of its liability, including liability for negligence and in particular but without limitation all statutory or other express, implied or collateral terms.

Confidentiality/Disclosure of Subscriber’s Details and Communications

Warid shall endeavor to keep the subscriber’s communication(s) confidential. However for reasons beyond Warid’s control and, in the unlikely event of any unlawful interception of the subscriber’s communication(s) or access thereto by others who are not the subscriber’s intended recipient, Warid does not guarantee such confidentiality and shall not therefore be liable for any loss, injury or damage whether direct or consequential arising out of any such compromise or disclosure of confidentiality of the subscriber’s communication(s)

By accepting these terms and conditions in the manner envisaged herein, the subscriber acknowledges that Warid may disclose and/or receive and/or record any details of the subscriber’s use of the services which include but shall not be limited to calls, emails, SMS, data of the subscriber or personal information or any document(s) obtained from the subscriber for purposes of:

1. Compliance with any legal, regulatory and or other government requirement;
2. Use in the Warid’s telephone directory enquiry service in any format;
3. Quality control, testing and ensuring effectiveness in the Network operations or any other accepted business processes or procedures;
4. Deterrence of fraud and any illegally activity, including its use therein;
5. Enforcing the law or in the course of any legal proceedings in which the Warid is involved or implicated as a result of the subscriber’s use of the service;
6. Reasonable commercial use/activities incidental to the subscriber’s use of the mobile service, such as marketing and research related activities;
7. Monitoring or recording of the Subscriber’s calls, emails or text messages for Warid Telecom’s business purposes such as quality control and training, prevention of unauthorized use of the system and ensuring the efficient operation of the system in order to prevent or detect crime
8. Carrying out any activity in connection with legal, government or regulatory requirement on Warid Telecom in connection with legal proceedings or in respect of crime or fraud prevention, detection or prosecution
9. Warid Telecom reserves the right to avail details of its Subscribers to other telecommunication operators for purposes of enabling them to bar access to their networks in the event that the Subscriber’s equipment and SIM card has been reported stolen and is likely to be used without authority