These terms and conditions are subject to change at any time, without notice, including changes that may impact Walesi products and services. We may also change or limit any features and services, and/or restrict or remove access to any features or services on Walesi Limited, or any Third-Party Sites, without notice or liability.
We may terminate, suspend access to, or discontinue all or any aspect of Walesi Limited product and services, at any time.
These Terms and Conditions are published on the Walesi website at www.walesi.com.fj and applies to all our products and services. If you continue using our products and services after our notice, you are deemed to have accepted the change notified. You agree to regularly visit the Walesi website from time to time and read these Terms and Conditions to familiarize yourself with any changes. If Walesi Limited issues a notification attaching a version of these Terms and Conditions and stating the period when that version was in effect, the notification is prima facie evidence of the matter notified.
“Account” means our record of your personal details. “Agreement” means as defined. “Bar” means a block placed by us on some or all the Services you use. “Barred” has a corresponding meaning. “Channel” means channel (associated with a unique channel number) through which programmes and other content can be viewed that forms part of a Package. “Country” means the particular Country in which the Company you have signed this form with is located. “Customer Care Centre” means our customer care centre, which contact details are listed on our Website. “Equipment” means all equipment, including any satellite dish, set top box, cables, and connections to the Service, and all other accessories that we approve for use in relation to the Service. “Service” means any services (Terrestrial, satellite, OTT, digitalFIJI Wi-Fi and installation services/projects) that are made available to you by us or our authorised agents from time to time . “Term” means the term set out in the Package. “Website” means our website at www.walesi.com.fj “Walesi”, “we” or “us” means Walesi Limited. “Our” has a corresponding meaning. “You” means the customer and “your” has a corresponding meaning.
This agreement begins once we accept your application for the provision of the products and service and activate your connection to the Service. We may decline your application and refuse to activate your connection to the Service at our sole discretion. Please note that our partner dealers or any third parties are not authorised to amend this Agreement or to agree any provision which is inconsistent with this Agreement. Your interests in this Agreement are personal to you and non-transferable.
You must: ensure that your television is suitable for connection to the service; ensure that nothing is connected to the Service other than equipment that we have approved; ensure that you have obtained all the necessary consents from the owner of the premises if you do not own the premises on which the Equipment is to be installed; be solely responsible for the manner in which the Equipment is used; comply with all of our reasonable instructions and requests and those of relevant authorities, in particular with respect to the manner of using the Equipment and/or Service, the investigation of offences and/or the migration to newer technologies; immediately report, and confirm in writing, if your equipment or our equipment has been lost, stolen, damaged or used without authorisation; protect us against any legal action taken in connection with your use of the Services and any other use of the Equipment; reimburse us for all costs and expenses, including reasonable legal fees, incurred as a result of us deeming it necessary to enforce our rights under this Agreement by way of legal or other action; and ensure that anyone that uses the Equipment also meets the obligations of this Agreement.
- We will always do our best to provide quality Service, but we do not warrant that they will be continuously available or fault free and without variance. We will provide you with the Equipment necessary for you to receive the Service. The installation packages are as set out on our Website. When we attend to your premises to install the Equipment, you must provide safe access to the installation site. In the interest of safety and/or potential damage to the Equipment, we shall at our sole discretion decline to carry out installation of the Equipment at the site proposed by you and recommend another appropriate site. You must provide electricity and power points for the Equipment at your own expense. Installation charges may vary depending on location and materials used. Failure to pay for any services rendered by Walesi Limited, will lead to suspension of services and/or legal actions.
- We do not represent or warrant that the Service or our related products and services shall be available in all parts of the country. The quality and availability of the Service may vary from place to place and time to time. We do not represent or warrant that the operation of the service or our related products and services will be uninterrupted, timely, secured or error-free or that it will meet your or any other person’s specific requirements. Certain programs transmitted by us, may be blacked-out in your area of reception due to broadcasting license requirements. If you circumvent or attempt to circumvent any of these blackouts, you may be subject to legal action.
- We reserve the right to vary the Service at any time, including the programs, channels, products, content, transmission times or the aesthetics of the Service. We reserve the right to migrate to newer technologies and will notify you of such change and attend to replacing any Equipment and accessories provided to you with new equipment and accessories as the need arises.
- We reserve the right without prejudice to any other provisions of this Agreement to issue reasonable instructions concerning the use of service as may be necessary in the interests of safety, quality of service, other customers or services as a whole or for any other reason that we consider is necessary or desirable.
- If a parental control function is available, it is your responsibility to activate the function and keep the PIN number safe and secure. It is a condition of the use of the Service that you agree and acknowledge that Walesi is not responsible for the content of the Service and does not endorse that content in any way and Walesi is not be under any obligation to monitor, control or censor the content of the Service.
To receive the Service, you must use the equipment that we supply (“Our Equipment”) or you purchase, and we approve (“Your Equipment”). If you purchase Your Equipment: Your Equipment is your responsibility. You must take every precaution to keep it safe. You may only connect to the Service using the Equipment, as well as related accessories, that we have approved. We are not responsible for lost or stolen Equipment.
Walesi Satellite Dish: If you already have a Walesi Satellite Dish set up in your premises, you may request us to re-Purpose the Walesi Satellite Dish being reconfigured. You will fully defend, indemnify and hold Walesi and its employees, agents and contractors harmless from any and all claims, demands, lawsuits, causes of action, and/or damage brought by anyone claiming to own or have legal title to the Walesi Satellite Dish.
Walesi Set Top Box (“STB”): If you are provided Walesi STB through Government Subsidy or purchase STB from Walesi or any other authorised Reseller, you must not re-sell the STB to anyone else or give it away and it is non-transferable.
Smart Card and Software: Each Walesi STB contains a Smart Card (usually not removable). The Smart Card remains the property of Walesi Limited at all times even when you buy the STB from us. You must not tamper with or modify the Smart Card. Each Smart Card contains software that belongs to us. We may remotely download software updates from time to time, without prior notice.
Equipment supplied by us comes with a limited 12 months warranty from the manufacturer against production defects only (“Manufacturer’s Warranty”). To the furthest extent permitted by law, all other warranties are excluded. If a fault cannot be repaired during the warranty period, our liability is limited to replacing the Equipment without charge to you. If no fault is found, you must pay our reasonable cost of examination. Exclusions: The Manufacturer’s Warranty will contain exclusions all of which are excluded from our warranty to you. Equipment Care: You must take reasonable care of the Equipment. We recommend you connect the STB to an uninterrupted power surge protected power supply, store the STB in a well-ventilated area away from heat or cold and apply rust-guard to the Walesi Satellite Dish. STB warranty is void if warranty seal is broken, physical damage, liquid damage or power failure due to inconsistent power supply.
You acknowledge and expressly agree for us and companies in our group, to collect information about you. Such information may be collected from you and others generated when you or anyone else uses the Service or any other service. You hereby acknowledge and grant express consent to us and companies in our group to use your information for any lawful purpose including providing you with the Service, account management, directory purposes, market research, customer profiling, product and Service development, marketing and customer care. Your profile/account information may be retained for a reasonable period in a secure environment. You acknowledge that calls to our Customer Care Centre may be recorded for training and quality control purposes. You acknowledge and expressly consent to us and companies in our group disclosing your information to third parties (such as to our agents and other carriers) for purposes including fraud detection and prevention, debt collection, investigating insurance claims, directory purposes and for any reason required and/or permitted by law. You may ask to see your account information and any other information that we hold about you and ask for any details that are wrong to be corrected. We reserve the right to refuse such a request where we are unable to verify that the person requesting the information is in fact you or a person authorised by you. We shall not be liable for the disclosure or non-disclosure of such information or for any inaccuracy or lack of completeness of any information disclosed. You agree that we may contact any person or reference provided by you to verify that accuracy of your account details. You acknowledge that we or our agents, may from time to time contact you by post, telephone, in person, email or text message regarding details of promotions, competitions or our other products and services. You hereby expressly consent to such contacts. If you no longer wish to be contacted in such a manner, please notify us in writing.
Walesi Limited website is protected by copyright. You may print out individual articles or pages for your private use but no form of distribution or making available to the public (whether in print or electronic form) of any of the websites content is permitted. This copyright includes the Walesi Limited logo which may not be copied, replicated, or used for any purpose without the appropriate licence being obtained from Walesi Limited.
Copyright in some of the content included in the website is held by its suppliers. These include Walesi Limited’s broadcast partners and various digital reception equipment manufacturers.
The listings of programmes are protected by copyright owned by Fijian Broadcasting Corporation Limited (FBCL), Fiji TV, Mai TV, Parliament TV, Hope TV. None of the listings of programmes to be broadcast may be reproduced by any means without the express permission of these companies.
Any promotional advertisements, advertised by any Third-Party using Walesi’s brand name and/or logo, should seek prior approval from Walesi Limited.
You can only use Walesi for lawful purposes and in a way does not infringe the rights of or restrict or inhibit the use and enjoyment of Walesi by, any third party. You agree not to interrupt or attempt to interrupt the operation of the Walesi in any way. You must not attempt to hack into Walesi in any way, use ad blockers with Walesi, send any bugs or viruses, steal or interfere with any data or personal information, or infringe any intellectual property rights via accessing Walesi.
When you access certain services on Walesi, you will need the internet, and data charges may apply. You are responsible for all your own internet service charges and Walesi does not accept any responsibility for any charges arising from any data usage or internet charges incurred to use Walesi or any Third-Party Sites.
We will try to provide Walesi products and services to you with reasonable care and skill. We do not guarantee Walesi services will be uninterrupted or fault free, or secure at all times, or free from any bugs or viruses, or that Walesi products and services will be available at any location or at, or for, any particular time, or not change or be cancelled at any time. To the extent permitted by law, we are not responsible for any loss or damage to any device or other property if it gets a bug or virus, or is otherwise impacted, from accessing Walesi products or services.
We may, without notice, suspend or terminate Walesi services for any of the following reasons: you supply or have supplied at any time false, inaccurate or misleading information to us; you fail to observe and/or comply with any provisions of this Terms and Conditions, relevant law or any of our intellectual property rights; Our Equipment or any part thereof has been lost or stolen; or we are reasonably of the view that you are conspiring to defraud us or interfere with the operation and quality of the Service, including without limitation causing congestion. Should your access to the Service be interrupted or suspended in any of the circumstances outlined above, we are in no way obligated to provide the Service to you. During any period of Service suspension, we may disconnect Our Equipment (if any) from the Service and you shall remain liable for all charges owing to us unless we decide otherwise. We reserve the sole right to determine whether to reconnect you to the Service or not and we may charge a re-installation fee. Where we exercise any of our powers under this clause, such exercise shall not prejudice or affect the exercise of any other right or remedy which may be available to us.
To the maximum extent permitted by Walesi, its officers and employees, will not be liable for any loss or damage, whether arising in contract, tort or otherwise, sustained by you or any other person which may be sustained in connection with this Terms and Conditions or the subject matter of this Terms and Conditions. Such loss or damage may include, but is not limited to, direct or indirect loss or damage caused by the negligence or willful act or default of Walesi or others, whether consequential or otherwise and whether such loss or damage is reasonably foreseeable. Walesi makes every endeavor to keep the information on this website, including the programme listing information, as up to date as possible, however, you agree that, except to the extent required by mandatory statutory provisions, Walesi will not be liable to you for the content, accuracy, availability, timeliness or reliability of any information, statements, services or programme listing information container on or offered via this website. Walesi does not represent or warrant that this website will be error-free, free of any viruses or bugs or compatible with any other software or material.
You will indemnify and hold us harmless against all or to the fullest extent permissible by law loss, damage and injury caused to the Service as a result of your negligence or failure to abide by this Agreement and all claims made by third parties arising out of your acts or omissions, including negligent acts or omissions, in conjunction with the Service provided by us. You will fully defend, indemnify and hold us harmless from any and all or to the fullest extent permissible by law loss claims, demands, lawsuits, causes of action, loss, liability, injury and/or damage of any kind whatsoever including without limitation all claims for property damage, monetary loss, personal injury, equitable relief, and/or wrongful death, whether brought by an individual or an entity or imposed by a court of law or by administrative action of any governmental body or agency that arises out of any acts negligence omission or willful misconduct in any way. This indemnification applies to and includes, without limitation the payment of all penalties, judgements, fines, awards, lawyers’ fees and related costs or expenses and any reimbursements to Walesi for all legal fees, expenses and costs that are incurred by it.
Force Majeure: If we are prevented from carrying out any obligation in this Terms and Conditions by reason of any act of God, act of State, act of national or international regulatory body, riot, insurrection, strike, sanctions, boycott, carrier dispute, embargo, an act or default of any supplier, agent or other person, fire, flood or natural disaster or any other circumstance which in our sole opinion is beyond our reasonable control, our performance of Walesi products and services, we will not be liable to you for a failure to perform, or a delay in performing.
Unenforceability: If a provision of this Terms and Conditions is determined by any competent authority to be illegal, invalid or unenforceable in whole or in part for any reason whatsoever, then that provision is severed to the extent of its illegality, unenforceability or invalidity and the remainder of the Terms and Conditions shall remain in full force and effect. The parties shall use their best efforts to replace the severed provision by an enforceable provision that is as close to the original provision as possible.
Waiver: Any waiver, concession or extra time permitted by us is limited to the specific circumstances in which it is given and does not affect our rights under this Terms and Conditions in any other way. If we fail or delay to exercise any right or power under this Terms and Conditions, this will not be a waiver of that right or power. Any failure or delay will not prevent us from exercising that right or power in the future.
This agreement shall be governed by the Laws of Fiji.