Terms & Conditions

Welcome to your new Vertu device. To enable you to utilise key capabilities of this product you need to accept the terms and conditions for this product and relevant services.

Some services use Cell-ID to obtain the approximate location of your device and enable relevant location based features.

Using or enabling some services may involve transmission of data through your service provider’s network.

All services are provided on ”as is” basis and for non-commercial use only. Vertu does not guarantee their accuracy or correctness. To the maximum extent permitted by applicable law, Vertu, its subsidiaries and licensors hereby disclaim all liability arising out of any use of these services and or their contents.

Vertu Privacy Policy

WE CARE ABOUT YOUR PRIVACY

Vertu is committed to protecting your privacy and to comply with applicable data protection and privacy laws. We hope that this Privacy Policy (“Policy”) helps you understand what kind of information we collect in connection with our products and services and how we process such information. Throughout this Policy the term “personal data” means information relating to an identified or identifiable individual (i.e. a natural person). “Vertu” refers to a corporation validly organised and existing under the laws of Finland, with business identity code 0112038-9, having registered address at Keilalahdentie 4, 02150 Espoo, Finland, including its affiliates (also referred to as “we”, “us”, or “our”).

This Policy applies to personal data collected in connection with products and services offered by Vertu or from other interactions with us where a link or other reference of incorporation to this Policy is made, for example, in connection with our devices and accessories, websites (also including mobile websites), games, music and other types of services offered by Vertu typically in electronic form, as well as other services such as customer care and warranty services or promotions and campaigns.

We may provide additional or amending privacy information in connection with a particular Vertu product or service. Such information prevails over this Policy to the extent of any conflict. Our products or services may contain links to other companies’ websites and other third party services that have privacy policies of their own. We recommend that you read the privacy policies of such services. Vertu is not responsible for the privacy practices or contents of any such services.

By using this website and/or by submitting personal data to Vertu, you express your agreement to the processing of your personal data in the manner provided in this Policy. If you do not agree with this Policy, please do not use this website or provide Vertu with your personal data.

The Data We Collect

We collect your personal data typically when you make a purchase, use or register into our services, enter into a sales promotion or a campaign or otherwise interact with us. We endeavour to collect personal data only with your knowledge or consent. Below are examples of the categories of data collected.

Technical Information For the most part, you may visit our websites or use our products or services without having to tell us who you are. However, certain technical information is normally collected as a standard part of your use of our services. Such information includes, for example, your IP-address, access times, the website you linked from, pages you visit, the links you use, the adbanners and other content you viewed, information about your devices and other such technical information your browser provides us with or as may be otherwise collected in connection with certain products and services. When you use our services or otherwise interact with us over telecommunications networks, certain additional information, such as your mobile subscription number, may be transmitted to us by the telecommunications operator as a standard part of that communication. Please also see the section “Use of Cookies and Web Beacons” below.
Information you provide us with When you register for our services, make a purchase, enter a sales promotion or otherwise interact with us, we may ask you to provide us with information such as your name, email address, street address, as well as user names, passwords and other such credentials that are used to authenticate users and to validate their actions or that may be needed to provide you with the products and services you have requested or to communicate with you.

We may collect demographic information, for example, your age, gender, postal code and language preferences. We may also collect other information you provide, such as your consents, preferences and feedback, information relating to your devices and other such information you provide us with. Please note that certain non-identifiable information collected from you may become personally identifiable when you provide us with your personal data. We may also obtain, in accordance with applicable law, some personal data from list-rental companies and other such publicly available sources. Some of our services may allow you to submit information about other people, for example, if you make an order for a product that you wish us to send directly to another recipient.

Your transactions with us We collect or ask for information relating to your purchase and/or use of our products and/or services and your other interactions with us. Such information may include, for example, details of the queries or requests you have made, the products and services provided (including delivery details), financial details (including payments made, credit card details, billing address, credit checks and other such financial information), details of agreements between you and Vertu, records of contacts and communications, information and details relating to the content you have provided us with and other such transactional information. We may, in accordance with applicable law, record your communication with our customer care or with other such contact points. Certain services may involve the use of your location data. However, use of your location data for such services is subject to your consent.

The Purposes for which We Process Your Personal Data

Vertu processes your personal data for the purposes described in this Policy and/or any additional service specific privacy information. Please note that one or more purposes may apply simultaneously.

Provision of products and services We may use your personal data to fulfill your requests, process your order or as otherwise may be necessary to perform or enforce the contract between you and Vertu, to ensure the functionality and security of our products and services, to identify you and to prevent and investigate fraud and other misuses.
Development of products and services We may use your personal data to develop our products and/or services. However, for the most part we only use aggregate and statistical information in the development of our products and services. We may also use your personal data to personalize our offering and to provide you with service more relevant to you, for example, to make recommendations and to display customized content and advertising in our websites. We may combine personal data collected in connection with your use of a particular Vertu product and/or service with other personal data we may hold about you, except where such personal data was collected for a different purpose. We may create aggregate and statistical information based on your personal data.
Communicating with you and marketing We may use your personal data to communicate with you, for example, to provide information relating to our products and/or services you are using or to contact you for customer satisfaction queries. We may use your personal data for marketing or research purposes, for example, to conduct market research and we may, in accordance with applicable law, contact you to inform you of new products, services or promotions we may offer. Also, some of our products and services may be used to promote products and services of other companies. However, Vertu does not disclose your personal data to such companies or any other company for marketing purposes without your prior consent.

Sharing Your Personal Data

Generally, we do not sell, lease, rent or otherwise disclose your personal data to third parties unless otherwise stated below.

Consent We may share your personal data if we have your consent to do so. Some services may include sharing your personal data with other users of the service, for example services where users publish their own content or Vertu user communities.
Vertu companies and authorized third parties We may share your personal data with other Vertu companies or authorized third parties who process personal data for Vertu for the purposes described in this Policy. Such parties are not permitted to use your personal data for other purposes, and we require them to act consistently with this Policy and to use appropriate security measures to protect your personal data.
International transfers Our products and services may be provided using resources and servers located in various countries around the world. Therefore your personal data may be transferred across international borders outside the country where you use our services, including to countries outside the European Economic Area (EEA) that do not have laws providing specific protection for personal data or that have different legal rules on data protection, for example, the United States of America. In such cases we take steps to ensure that there is a legal basis for such a transfer and that adequate protection for your personal data is provided as required by applicable law, for example, by using standard agreements approved by relevant authorities (where necessary) and by requiring the use of other appropriate technical and organizational information security measures.
Mandatory disclosures We may be obligated by mandatory law to disclose your personal data to certain authorities or other third parties, for example, to law enforcement agencies in the countries where we or third parties acting on our behalf operate. We may also disclose and otherwise process your personal data in accordance with applicable law to defend Vertu’s legitimate interests, for example, in civil or criminal legal proceedings.
Mergers and Acquisitions If we decide to sell, buy, merge or otherwise reorganise our businesses in certain countries, this may involve us disclosing personal data to prospective or actual purchasers and their advisers, or receiving personal data from sellers and their advisers.

Collecting the Data of Minors

Vertu does not seek to collect any information from or engage in any transactions with persons under the age of 13. Our databases may nevertheless contain personal data of children under 13 due to the fact that it is not always possible to determine precisely the age of the user. Insofar as we ask you to provide your age, we block the service from any person who is under 13 years of age. We will also make reasonable efforts to clear our databases of personal data relating to under age users.

Vertu’s policy is to request that minors (the legal age of majority and therefore the age of minors is determined by local law where you reside) do not make purchases or engage in other legal acts on our products and services without the consent of a parent or legal guardian, unless otherwise permitted by applicable law.

Data Quality

We take reasonable steps to keep the personal data we possess accurate and up-to-date and to delete out of date or otherwise incorrect or unnecessary personal data.

As certain Vertu products and services may allow you to manage your profile, we encourage you to access your personal data from time to time to ensure that it is correct and up-to-date. Please remember that it is your responsibility to provide us with correct details as well as to update the personal data you have provided us with in case of any changes.

Security

While there are always risks associated with providing personal data, whether in person, by phone, via the internet or otherwise, and no technology is completely safe or “tamper” or ”hacker” proof, Vertu takes appropriate technical and organizational information security measures to prevent and minimize such risks.

Such measures include, where appropriate, the use of firewalls, secure server facilities, encryption, implementing proper access rights management systems and processes, careful selection of processors and other technically and commercially reasonable measures to provide appropriate protection for your personal data against unauthorized use or disclosure. Where appropriate, we may also take back-up copies and use other such means to prevent accidential damage or destruction to your personal data. If a particular part of a Vertu website supports on-line transactions, we will use an industry standard security measure, such as the one available through “Secure Sockets Layer” (“SSL”), to protect the confidentiality and security of online transactions.

Use of Cookies and Web Beacons

From time to time when you visit a Vertu website, information may be placed on your computer to allow us to recognize your computer. This information is commonly in the form of a textfile known as a “cookie”. Cookies are small pieces of data stored on your computer’s hard drive, rather than on the website. Typically, they enable collection of certain information about your computer, including your internet protocol (IP) address, your computer’s operating system, your browser type and the address of any referring sites. Our use of cookies is intended to provide benefits to you, such as eliminating the need for you to enter your password frequently during a session or the need to re-enter items you place in a shopping cart if you do not finish a transaction in a single visit. Cookies are also used for website traffic analysis and anonymous demographic profiling so that we may improve our services.

Vertu may use so called web beacons (or “pixel tags”) in connection with some websites. However, we do not use them to identify individual users personally. Web beacons are typically graphic images that are placed on a website and they are used to count visitors to a website and/or to access certain cookies. This information is used to improve our services. Web beacons do not typically collect any other information than what your browser provides us with as a standard part of any internet communication. If you turn off cookies, the web beacon will no longer be able to track your specific activity. The web beacon may, however, continue to collect information of visits from your IP-address, but such information will no longer be unique.

If you do not wish to receive cookies, or want to be notified before they are placed, you may set your web browser to do so, if your browser so permits. Please understand that if cookies are turned off, you may not be able to view certain parts of this site that may enhance your visit. Some of our business partners whose content is linked to or from this site may also use cookies or web beacons. However, we have no access to or control over these cookies.

Your Rights

In case you wish to know what personal data we hold about you or you wish to replenish, rectify, anonymize or delete any incomplete, incorrect or outdated personal data, or you wish us to cease processing your personal data for the purpose of sending promotional materials or direct marketing or for the performance of market research or on other compelling legal grounds, you may, as appropriate and in accordance with applicable law, exercise such rights by contacting us through the contact points referred to below. In some cases, especially if you wish us to delete or cease the processing of your personal data, this may also mean that we may not be able to continue to provide the services to you. We encourage you to use available profile management tools for the above purposes as such tools often provide you with direct access to your personal data and allow you to effectively manage it.

Please note that Vertu may need to identify you and to ask for additional information in order to be able to fulfill your above request. Please also note that applicable law may contain restrictions and other provisions that relate to your above rights.

The Controller of Your Personal Data and Contact Details

Vertu of Keilalahdentie 4, 02150 Espoo, Finland (business identity code 0112038-9) shall be the controller of your personal data.

In addition, the Vertu affiliate providing the product or service may be a controller of your personal data. You may find the identity of the controller and its contact details by reviewing the terms and conditions of such a product or service or by using contact information provided in the applicable Vertu websites.

In matters pertaining to Vertu’s privacy practices you may also contact us at:

Vertu
c/o Privacy
Beacon Hill Road
Church Crookham
Hampshire
GU52 8DY
United Kingdom

Changes to This Privacy Policy

Vertu may from time to time change this Privacy Policy or change, modify or withdraw access to this site at any time with or without notice. However, if this Privacy Policy is changed in a material, adverse way, Vertu will post a notice advising of such change at the beginning of this Policy and on this site's home page for 30 days. We recommend that you re-visit this Privacy Policy from time to time to learn of any such changes to this Privacy Policy.

VERTU END-USER SOFTWARE AGREEMENT

IMPORTANT: READ CAREFULLY BEFORE INSTALLING, DOWNLOADING, OR USING THE SOFTWARE
This Software Agreement ("Agreement") is between You (either an individual or an entity), the End User, and Vertu. The Agreement authorizes You to use the Software specified in Clause 1 below, which may be stored on a CD-ROM, sent to You by electronic mail, or downloaded from Vertu’s Web pages or Servers or from other sources under the terms and conditions set forth below. This is an agreement on end-user rights and not an agreement for sale. Nokia continues to own the copy of the Software and the physical media contained in the sales package and any other copy that You are authorized to make pursuant to this Agreement.

Read this Agreement carefully before installing, downloading, or using the Software. By clicking on the "I Accept" button while installing, downloading, and/or using the Software, You agree to the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, promptly click the "Decline" or "I Do Not Accept" button, cancel the installation or downloading, or destroy or return the Software and accompanying documentation to Vertu.

YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

1. SOFTWARE.

As used in this Agreement, the term "Software" means, collectively: (i) the software product identified above (ii) all the contents of the disk(s), CD-ROM(s), electronic mail and its file attachments, or other media with which this Agreement is provided, including the object code form of the software delivered via a CD-ROM, electronic mail, or Web page (iii) digital images, stock photographs, clip art, or other artistic works ("Stock Files") (iv) related explanatory written materials and any other possible documentation related thereto ("Documentation"); (v) fonts, and (vi) upgrades, modified versions, updates, additions, and copies of the Software (collectively "Updates"), if any, licensed to You by Vertu under this Agreement.

2. END-USER RIGHTS AND USE.

Vertu grants to You non-exclusive, non-transferable end-user rights to install the Software on the local hard disk(s) or other permanent storage media of one computer and use the Software on a single computer or terminal at a time.

3. LIMITATIONS ON END-USER RIGHTS.

You may not copy, distribute, or make derivative works of the Software except as follows:

(a) You may make one copy of the Software on magnetic media as an archival backup copy, provided Your archival backup copy is not installed or used on any computer. Any other copies You make of the Software are in violation of this Agreement.

(b) You may not use, modify, translate, reproduce, or transfer the right to use the Software or copy the Software except as expressly provided in this Agreement.

(d) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Software (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the Software.

(e) Unless stated otherwise in the Documentation, You shall not display, modify, reproduce, or distribute any of the Stock Files included with the Software. In the event that the Documentation allows You to display the Stock Files, You shall not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. You should review the "Readme" files associated with the Stock Files that You use to ascertain what rights You have with respect to such materials. Stock Files may not be used in the production of libelous, defamatory, fraudulent, infringing, lewd, obscene, or pornographic material or in any otherwise illegal manner. You may not register or claim any rights in the Stock Files or derivative works thereof.

(f) You agree that You shall only use the Software in a manner that complies with all applicable laws in the jurisdiction in which You use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

4. COPYRIGHT.

The Software and all rights, without limitation including proprietary rights therein, are owned by Vertu and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of Vertu and/or its licensors and affiliates. You must not copy the Software, except as set forth in clause 3 (Limitations On End-User Rights). Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Software.

5. MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE / DUAL MEDIA SOFTWARE / MULTIPLE COPIES / UPDATES.

If the Software supports multiple platforms or languages, if You receive the Software on multiple media, or if You otherwise receive multiple copies of the Software, the number of computers on which all versions of the Software are installed shall be one computer. You may not rent, lease, sublicense, lend, or transfer versions or copies of the Software You do not use. If the Software is an Update to a previous version of the Software, You must possess valid end-user rights to such a previous version in order to use the Update, and You may use the previous version for ninety (90) days after You receive the Update in order to assist You in the transition to the Update. After such time You no longer have a right to use the previous version, except for the sole purpose of enabling You to install the Update.

6. COMMENCEMENT & TERMINATION.

This Agreement is effective from the first date You install the Software. You may terminate this Agreement at any time by permanently deleting, destroying, and returning, at Your own costs, the Software, all backup copies, and all related materials provided by Vertu. Your end-user rights automatically and immediately terminate without notice from Vertu if You fail to comply with any provision of this Agreement. In such an event, You must immediately delete, destroy, or return at Your own cost, the Software, all backup copies, and all related material to Vertu.

7. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER VERTU, ITS LICENSORS OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. THERE IS NO WARRANTY BY VERTU OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT.

8. NO OTHER OBLIGATIONS.

This Agreement creates no obligations on the part of Vertu other than as specifically set forth herein.

9. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERTUNOKIA, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF VERTU OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, VERTU, ITS EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S. $50.

Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this Agreement limits Vertu's liability to You in the event of death or personal injury resulting from Vertu 's negligence. Vertu is acting on behalf of its employees and licensors or affiliates for the purpose of disclaiming, excluding, and/or restricting obligations, warranties, and liability as provided in this clause 9, but in no other respects and for no other purpose.

10. TECHNICAL SUPPORT.

Vertu has no obligation to furnish You with technical support unless separately agreed in writing between You and Vertu.

11. EXPORT CONTROL.

The Software, including technical data, includes cryptographic software subject to export controls under the U.S. Export Administration Regulations ("EAR") and may be subject to import or export controls in other countries. The EAR prohibits the use of the Software and technical data by a Government End User, as defined hereafter, without a license from the U.S. government. A Government End User is defined in Part 772 of the EAR as "any foreign central, regional, or local government department, agency, or other entity performing governmental functions; including governmental research institutions, governmental corporations, or their separate business units (as defined in part 772 of the EAR) which are engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munitions List, and international governmental organizations. This term does not include: utilities (telecommunications companies and Internet service providers; banks and financial institutions; transportation; broadcast or entertainment; educational organizations; civil health and medical organizations; retail or wholesale firms; and manufacturing or industrial entities not engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munitions List.)" You agree to strictly comply with all applicable import and export regulations and acknowledge that You have the responsibility to obtain licenses to export, re-export, transfer, or import the Software. You further represent that You are not a Government End User as defined above, and You will not transfer the Software to any Government End User without a license.

12. NOTICES.

All notices and return of the Software and Documentation should be delivered to:

VERTU
P.O. Box 100
FIN-00045 NOKIA GROUP
FINLAND

For the purposes of this Agreement, Vertu shall refer to the corporation validly organised and existing under the laws of the Finland with business identity code 0112038-9, having registered address at Keilalahdentie 2 – 4, 02150 Espoo, Finland (“Vertu”).

13. APPLICABLE LAW & GENERAL PROVISIONS.

This Agreement is governed by the laws of Finland. All disputes arising from or relating to this Agreement shall be settled by a single arbitrator appointed by the Central Chamber of Commerce of Finland. The arbitration procedure shall take place in Helsinki, Finland in the English language. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified in writing by an authorized officer of Vertu.
This is the entire agreement between Vertu and You relating to the Software, and it supersedes any prior representations, discussions, undertakings, end-user agreements, communications, or advertising relating to the Software.

PLEASE SUBMIT ANY ACCOMPANYING REGISTRATION FORMS TO RECEIVE REGISTRATION BENEFITS WHERE APPLICABLE

VERTU SERVICE TERMS

1. Acceptance

These Vertu Service Terms together with the Privacy Policy (collectively “Terms”) govern your use of the application or website where you accessed these Vertu Service Terms and use of the related services (collectively "Service") and the Terms constitute an agreement between you and Vertu defining the rights and responsibilities of you and including its affiliates and suppliers (collectively “Vertu”) with respect to the Service. There may be additional conditions applicable to certain parts of the Service.

You are not allowed to use the Service if you do not agree to the Terms.

2. Eligibility

To use the Service, you must be at least thirteen (13) years of age. If you are at least thirteen (13) years of age but a minor where you live, you must review the Terms and have your parent or legal guardian complete the registration on your behalf for you to use the Service. The person completing the registration must be legally competent.

3. Registration and Termination

You agree to provide truthful and complete information when registering for the Service and to keep that information updated. Providing misleading information about your identity is forbidden.

When you register, you will create a username and a password. You (and your parent or legal guardian, if you are a minor) are personally responsible for any use of the Service with your username and password. You agree to take due care in protecting your username and password against misuse by others and promptly notify Vertu about any misuse.

You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. Vertu may terminate your registration or restrict your access to certain parts of the Service if there is an indication that you have breached the Terms or with a prior notice if you have not signed into the Service with your username in the past three (3) months.

Except as set forth in Privacy Policy, Vertu shall not be responsible for any removal of the information or content you have submitted (“Material”) from the Service when your registration is terminated.

After the Material is removed from the Service by either you or Vertu, some traces of the Material may remain and copies of the Material may still reside within the Service.

4. Using the Service

You agree to:

Use the Service only for your private, non-commercial purposes;
Comply with applicable laws, the Terms and good manners;
Not submit unlawful, offensive, abusive, pornographic, harassing, libelous or other inappropriate Material;
Respect the privacy of others;
Obtain any consents, permission or licenses that may be required for you to have the legal right to submit any Material; and
Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses or any other technologies that may harm the Service, or the interest or property of the Service users.

Vertu may but has no obligation to:

Monitor or moderate any of the Material; and
Remove any Material from the Service and restrict access to any part of the Service at any time in its sole discretion.

5. Fees

Your use of the Service may be or may become subject to charges.

Any fees charged by Vertu will be announced separately in connection with the Service.

Use of the Service may involve transmission of data through your service provider’s network. Your network service provider may charge for such data transmission.

Vertu assumes no responsibility for the payment of any charges.

6. Availability

The Service may not be available in some countries and may be provided only in selected languages. The Service may be network dependent, contact your network service provider for more information.

Vertu reserves the right, in its sole discretion, to change, improve and correct the Service. The Service may not be available during maintenance breaks and other times.

Vertu may also decide to discontinue the Service or any part thereof in its sole discretion. In such case you will be provided a prior notification.

7. Dealings with Others

You may interact with other users on or through the Service. You agree that any such interactions do not involve Vertu and are solely between you and the other user(s).

8. Personal Data

The Privacy Policy and additional provisions in these Vertu Service Terms govern use of your personal data.

9. Limitation of Liability

The Service is provided on “AS IS” and “AS AVAILABLE” basis. Vertu does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources.

Except for liability for death or personal injury caused by gross negligence or intentional misconduct, Vertu shall not be liable for any direct, indirect, incidental, punitive or consequential damages caused by the use or inability to use the Service.

10. Indemnification

You agree to defend, indemnify and hold harmless Vertu from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of i) your breach of the Terms, ii) your infringement or violation of any intellectual property, other rights or privacy of a third party, iii) misuse of the Service by a third party where such misuse was made available by your failure to take reasonable measures to protect your username and password against misuse.

11. Miscellaneous

11.1 Choice of Law and Arbitration

Except where prohibited by applicable law or provided otherwise herein, the Terms shall be governed by the laws of Finland without regard to its conflict of law provisions.

If you are a US resident the following paragraph shall apply:
The Terms shall be governed by the laws of New York without regard to its conflicts of law provisions. Any dispute relating to these Terms or the Service shall be submitted to binding arbitration in Westchester County, New York within eighteen (18) months of the date the facts giving rise to the suit were known, or should have been known, by the complainant, except that Vertu may seek injunctive or other relief if you have violated or threatened to violate any intellectual property rights. All matters relating to arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. §1 et. seq.). Arbitration shall be conducted by a single arbitrator under the then prevailing Wireless Arbitration Rules of the American Arbitration Association (“AAA”), Each party must submit any claim which would constitute a compulsory counterclaim in litigation or such claim shall be barred. No award of exemplary, special, consequential or punitive damages shall be permitted. The losing party, as determined by the arbitrator, shall pay the arbitration fees. The arbitrator's award shall be binding and may be entered as a judgment and enforceable in any court of competent jurisdiction. Arbitration shall be conducted on an individual, not class-wide basis, and no arbitration shall be joined with an arbitration involving any other person or entity.

11.2 Validity

The Terms shall neither exclude nor limit any of your mandatory rights in your country of residence. If a provision of the Terms is found to be invalid, the validity of the remaining provisions shall not be affected and the invalid provision shall be replaced with a valid provision that comes closest to the result and purpose of the Terms. If there is any conflict between these Vertu Service Terms and the Privacy Policy, the provisions of these Vertu Service Terms shall prevail. The provisions of the Terms that are intended to survive termination shall remain valid after any termination.

11.3 Changes in Terms

Vertu reserves the right to modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, Vertu will provide a separate prior notice advising of such change.

You are responsible for regularly reviewing the Terms. Your continued use of the Service shall constitute your consent to any changes and modifications.

11.4 Links to Third Party Sites and Content

For your easy accessibility Vertu may include links to sites on the Internet that are owned or operated by third parties and that are not part of the Service. Upon following a link to such a third-party site, you shall review and agree to that site's rules of use before using such site.

You agree that Vertu has no control over the content of third-party sites and cannot assume any responsibility for services provided or material created or published by such sites. A link to a third-party site does not imply that Vertu endorses the site or the products or services referenced in the site.

In addition, users may create links within the Service to content that has not otherwise been submitted to the Service. You agree that Vertu is neither responsible for nor liable for any such links.

12. Intellectual Property

The Service and related software are protected under international copyright laws and you are hereby notified that copyrights are claimed by Vertu. Subject to the Terms, Vertu retains all right, title and interest in the Service and in all Vertu's products, software and other properties provided to you or used by you through the Service.

13. Contact information

For the purposes of these Terms, Vertu shall refer to the corporation validly organised and existing under the laws of the Finland with business identity code 0112038-9, having registered address at Keilalahdentie 2 – 4, 02150 Espoo, Finland (“Vertu”).

VERTU DIGITAL SERVICES TERMS

These Service Specific Terms for Vertu Digital Services (“Vertu Digital Services Terms”) and are additional conditions to the Vertu Service Terms and the Privacy Policy (collectively “Terms”) and govern the use of the Vertu Digital Services as defined below (“Service(s)”) and constitute an agreement between you and Vertu defining the rights and responsibilities of you and Vertu including its affiliates and suppliers (collectively “Vertu”) with respect to the Service.

If there is any conflict between these Vertu Digital Services Terms and Vertu Service Terms, the provisions of these Vertu Digital Services Terms shall prevail when using the Service.

You are not allowed to use the Service if you do not agree to the Terms.

1. Description of Service(s)

Service consists of various services.

Vertu Select is a service where Vertu provides you with certain selected pieces of information or recommendations selected based on the information Vertu has available regarding your preferences, or your current location.

Vertu Fortress is a service enabling you to back up certain data contained in your device in an easy manner to a dedicated server.

City Brief is a service that provides you a digest of essential travel information, automatically adapted on the basis of the location of the device.

Accurate Time is a service that enables your device to derive its time information by remotely connecting to an atomic clock.

Vertu.me is an email account accessible through Vertu devices.

Vertu may add other service at its description from time to time.

2. Opt in & Opt out

Some of the Services use GPS, Assisted GPS (A-GPS) or network service provider specific ID’s (Cell ID) to enable certain features that are dependent on the location of your device. This results in exchanging location information and specific network Cell-ID’s between your device and an A-GPS server to improve the satellite fix or to establish the approximate location of your device. Please check the privacy policies of your A-GPS server service provider.

For the privacy purposes you must opt in to use the referred services. If you do not wish to opt in the referred services will not work in your device.

You can also opt out at a later stage by changing the settings of your device.

3. Privacy

The collection and use of the information shall be subject to Vertu’s Privacy Policy.

4. Data traffic

Using the Service or downloading content related to the Service may involve transmission of large amounts of data through your network service provider’s network. Please contact your network service provider for information about data transmission and other network service charges.

5. Content of the Service

Vertu uses various third party sources to obtain information needed to provide the Services. While Vertu uses it utmost care to ensure the high quality of the information, the information is provided to you on “AS IS” and “AS AVAILABLE” basis and no warranty of any kind, express or implied, is given by Vertu.

6. Offers

Some of the Services may involve offers of some goods or services by third parties. These offers are not made by Vertu. In case your acceptance of these offers, your contract for the purchase of products or services is made directly with the relevant third party only and the terms of Vertu Concierge Service shall apply.

7. Registration and Termination

Vertu may additionally terminate your registration or restrict your access to Vertu.me if there is an indication that you have not signed into the Vertu.me with your username in the past three (3) months.

8. Limitation of Liability

In addition to the provisions in Vertu Service Terms, Vertu assumes no liability for loss of data or damage to any property and Vertu’s maximum liability to you arising from or in connection with the Service shall be limited to the value of the annual subscription fee for the Service in question, if any, and the relevant charge for the Services charged from you if applicable.

9. Customer Services

The Users of the Service(s) can address their questions about the Service(s) or Vertu product(s) by sending an e-mail to customer.services@vertu.com.

VERTU MAPS SERVICE TERMS

1. Acceptance

These Service Specific Terms for Vertu Maps Services (“Vertu Maps Terms”) and are additional conditions to the Vertu Service Terms and the Privacy Policy and the End User Software Agreement ("EUSA") (collectively “Terms”) and govern the use of the Vertu Maps Services as defined below (“Service(s)”) and constitute an agreement between you and Vertu defining the rights and responsibilities of you and Vertu including its affiliates and suppliers (collectively “Vertu”) with respect to the Service.

If there is any conflict between these Vertu Maps Terms and Vertu Service Terms, the provisions of these Vertu Maps Terms shall prevail when using the Service.

2. Using the Service

You agree to:

Not use the Service in a way that could be considered unlawful offensive, abusive, harassing, libelous or other inappropriate way.
Respect the privacy of others.
Not use the Service, for example map data and/or images for purposes like mass downloads, distribution of viruses or any other technologies that may harm the Service, or the interest or property of the Service users.
Not reverse engineer, reverse compile, disassemble, or otherwise attempt to modify the Service, for example the map data and/or images (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on any parts of the Service, such as map data and/or images.

Not use the Service, for example map data and/or images for fleet management or any other real time route guidance of vehicles.

3. Licenses

Users of the Service are granted a non-exclusive, non-transferable, revocable license (revocable at the sole discretion of Nokia at any time) to access and use the Service strictly in accordance with the Terms. Any further intellectual property rights in any information or content in the Service are not granted.

The use of the Service and its content is further subject to the EUSA and limited to one private installation on one compatible device only.

For the transfer of licenses to the Service from one device to another please see the end-user materials provided to you or check the information available online at www.nokia.com/support.

4. Important Use Information

The information provided with the Service can be inaccurate and incomplete e.g. the map data, traffic related information. The availability and accuracy of the Service is dependent, among other things, on third party sources generating the information, on wireless networks and satellite systems. They may not function in all areas or at all times. Therefore never rely solely on the aforementioned material and services e.g. for essential communications like emergencies.

Your first consideration while using the Service in traffic should be road safety. You are responsible for driving carefully and for obeying the applicable laws. The Service should not be used by the driver of the vehicle while driving. Always keep your hands free to operate the vehicle while driving.

Pedestrian navigation is for pedestrian use only.

5. Third Party Content

In addition to links to third-party sites, Nokia may include information and content in the Service, such as points of interest and search results, travel information, mapping and routing related data and/or images provided by third party licensors. Nokia may, without any obligations, monitor any such information and content, and at any time and at its discretion remove such content from the Service. To the maximum extent permitted by applicable law, Nokia and its licensors hereby disclaim all liability arising out of any use of this Service and its contents.

The rights to the content, including without limitation proprietary rights, related to the Service are owned by Nokia and/or its licensors and are protected by provisions in international treaties and all other applicable national laws of the country in which it is being used.

The Service includes map data and images provided under license, amongst others, by:

Navteq Europe B.V. (see www.navteq.com)

NavInfo Co Ltd (see www.nav2.com.cn)

DigitalGlobe, Inc. (see www.digitalglobe.com)

SRTM data V4, 2008, CIAT (see http://srtm.csi.cgiar.org)

Aprobado por el Instituto Geográfico Militar. Número de Expediente GG081531/Sept 5 2008

6. Terms related to purchases of additional features to the Service

6.1. You may be able to purchase a license to use additional feature to the Service by placing orders for example via the purchase menu of the Maps application. Such additional features may include e.g. turn-by-turn car navigation, pedestrian navigation and travel or traffic related information.

6.2. To place an order, you must have reached the age of legal competence according to the applicable legislation. Therefore, and unless otherwise permitted by applicable legislation, if you have not reached the age of legal competence, you may place orders only with the prior consent of your guardian(s)/parent(s).

6.2.1. You agree that all orders placed shall be legally valid and binding on you. To be legally valid and binding, any contract requires (a) an order from you (“order” meaning the selection of the additional features to the Service accompanied by the entering and sending of payment method and information, as well as pressing the “ok” button in the purchase order) and (b) a final order confirmation from Nokia by way of issuance of an electronic receipt or delivery or activation of the additional features to the Service.

6.2.2. If you purchase an additional feature to the Service via your mobile device, the device must be switched on during the whole transmission and delivery.

6.2.3. The additional features to the Service purchased are valid for the term indicated in the purchase order. When purchasing a subscription for such additional features, you will be charged the specified recurring subscription fee in accordance with your chosen subscription model. For example, if you have chosen a 30 day subscription, Vertu will charge you the subscription fee every 30 days and continue to provide you with the additional features for 30 day periods until you terminate the subscription. Other than as expressly permitted under these Terms, subscription fees are non-exchangeable and non-refundable

6.3. Payments for additional features to the Service

6.3.1. Additional features to the Service may be purchased through a range of payment methods, which may include e.g.:

Operator billing
The fee for the additional features to the Service will be charged on the network service provider’s invoice for your mobile device network service.

Credit card purchase
The fee for the additional features to the Service will be charged to your credit card.

Premium SMS
The fee for the additional features to the Service will be charged on the network service provider’s invoice for your mobile device network service.

Voucher
You can purchase vouchers for example at a retail or Vertu store with the payment method offered in the store.

6.3.2. When you purchase a voucher e.g. at a retailer or Vertu store, access to the additional features to the Service will be provided from the date of redemption of the voucher for the period selected at time of purchase. Vouchers are non-exchangeable or redeemable for cash. Retain the voucher and a purchase receipt as a proof of purchase. Vertu is not responsible for any stolen or lost voucher.

6.3.3. Please note that you are responsible for any transactions incurred. Vertu will not be held liable for any fraudulent transactions due to your negligence. You agree to ensure that the instrument of payment for the payment method used is valid at the time of the transaction, that you are the rightful holder of the instrument and that the instrument is used within its credit limits.

6.3.4. By submitting an order, you give your consent to 1) that your personal information (including also traffic data such as your mobile phone number or other traffic data as may be necessary for the operator billing) may be sent electronically to Vertu and to the network service provider in charge of the operator billing and be processed outside of the European Union and outside the country where you originally made the purchase, including but not limited to the United States, for Vertu's inquiry for approval and credit status information related to the transaction submitted by you, and 2) that your personal information may be used by Vertu and the network service provider for other inquiries for approval and for other credit status information related to other transactions submitted by you. Vertu does use your traffic data that it receives from the network service provider solely for the purpose of operator billing and not for any other purpose.

6.3.5. Services prices in the applicable currency shall be identified in the payment information at the time of the placement of your order. Vertu may change prices at any time without notice, unless otherwise notified. Such changes shall not apply to passed and ongoing orders. Prices include applicable taxes, unless otherwise stated.

6.3.6. The prices are shown to You in different currencies depending on Your location. Regardless of the currency shown, Your purchase transaction is effected in Euros and may vary from the listed local currency price depending on currency conversion rates and additional charges that Your bank or credit card provider may charge. Vertu assumes no responsibility for the payment of such fees or charges.

7. Personal Data

7.1. The Privacy Policy and additional provisions in these Terms govern the use of your personal data.

7.2. In order to provide you with the Service and for license management purposes certain technical information such as mobile network and country codes, language, time zone, timestamp, device serial number, client ID and mobile subscription number as well as information about your transactions with Vertu, for example approval of these Terms may be processed by Vertu.

7.3. The use of some features of the Service, for example when you make a search, use the weather feature or request for map data download, the location and other information pertaining to your requests may be processed by Vertu to serve you with the right content. This information is processed in an anonymous manner. It may also be used to improve the Service, for example to provide you with more relevant content.

7.4. When you use the Maps application while driving, it stores certain information in an encrypted format in the device (including direction, speed, location and time). This information does not contain any unique identifiers pertaining to your device, the Maps application or you personally. In order to improve the accuracy of the traffic related Service and the Maps application, the information will be sent to Vertu. You may opt-out anytime from sending such information in the Maps settings menu. The information is sent only in case you use the Service over a Local Area Network (fixed or wireless “LAN”) connection. After sending the information will be deleted from the device. The information is processed in an anonymous manner.

7.5. The Service may allow you to join the Maps Service Improvement Initiative (“MSII”). The MSII is a voluntary initiative to better understand how the users are using the Service. This improved understanding is used to improve future Service releases. By joining MSII you will give Vertu information about the way you use the Service. The collected data includes details about your device and software attributes, such as your device serial number, device model, operator and country codes, software versions and other such details as well as information on your usage patterns, such as activation of different features of the Service and other commands and requests you make when using the Service (“MSII data”). The MSII data is then analysed and aggregated in a statistical and non-personal manner to learn from similarities in usage patterns between various users. The aforesaid statistical and non-personal analysis may involve combining the MSII data with other data we have collected as part of your use of the Service. Once the analysis is done the MSII data will be deleted. Please note that your geographical locations or actual content of your usage such as search queries will not be collected. After you have joined MSII you may opt-out anytime from the participation to the MSII in the Maps settings menu.

7.6. We may use the accumulated information for the purposes described in the Privacy Policy and these Terms and according to any other service terms you might have agreed elsewhere, e.g. Vertu Account.

7.7. The Service uses GPS and Asissted GPS (A-GPS) to enable certain features. The use of A-GPS includes exchanging network based location information and network service provider specific ID’s between your device and the chosen A-GPS server to establish the satellite fix more quickly and reliably. A-GPS server may be changed and the feature may be disabled by changing the settings of your device. Please check the privacy policies of your A-GPS server service provider.

7.8. Certain services may allow you to share your location information with other services and users. Please familiarize yourself with the privacy practices of your service providers and use appropriate consideration before disclosing your location data to others.

VERTU CONCIERGE SERVICE TERMS

These Vertu Concierge Service Specific Terms (“Vertu Concierge Terms”) and are additional conditions to the Vertu Service Terms and the Privacy Policy (collectively “Terms”) and govern the use of the Vertu Concierge Service (“Service”) and constitute an agreement between you and Vertu defining the rights and responsibilities of you and Vertu including its affiliates and suppliers (collectively “Vertu”) with respect to the Service.

If there is any conflict between these Vertu Concierge Terms and Vertu Service Terms, the provisions of these Vertu Concierge Terms shall prevail when using the Service.

You are not allowed to use the Service if you do not agree to the Terms.

1. Vertu Concierge

As a registered member of Vertu Concierge (“VC”) provided by Vertu and its associated companies (“Vertu”), you are entitled to benefit from the services provided by Vertu at its discretion from time to time (“Services”). Services are provided to you individually by Vertu’s lifestyle managers, and while Vertu uses its utmost care to ensure the high quality of Services, this cannot be guaranteed in any manner.

2. Subscription fees

Initial and ongoing subscription fees, if applicable, are due at the date of initial subscription for the first 12 month period and annually thereafter (the “Renewal Date”) unless you notify Vertu of your intention not to renew. Payment must be made annually in advance and may be made using any major credit/debit and charge cards. Any subscription fee is non refundable, however, Vertu may at its sole discretion elect to refund any subscription fee in whole or in part depending on the circumstances relating to the cancellation of any subscription. You authorize Vertu to deduct renewal subscription fees from your credit card up to 28 days prior to your Renewal Date. If Vertu does not hold your payment details you will be contacted directly to renew your subscription. Subscription fee rates will be notified to you from time to time and the subscription fee payable will be the subscription fee in force at the time of the Renewal Date.

3. Services subject to change and additional terms

Suppliers may change from time to time and that Suppliers may impose their own terms and conditions and you are required to comply with these at all times.

4. Payment for Services

Some Suppliers may charge you a deposit, entry fee or other sum for the services they provide. You will be solely liable for payment of any such sums. At your request Vertu will authorise Suppliers to debit your nominated credit/debit or charge card in order for you to take advantage of their services.

5. Availability of Services

Vertu aims to ensure that the services remain available at all times and will use reasonable endeavours to ensure that you receive the most from your membership. If any of the services become unavailable, we will do all we can to ensure that prior commitments are honoured to the fullest extent possible, but shall not be responsible for any actions of Suppliers outside Vertu’s reasonable control. From time to time the procurement or provision of certain services may incur a VC handling charge of which you will be notified - in these cases you hereby authorise Vertu to debit your nominated credit/debit or charge card with any such handling charges. Unless otherwise agreed by the Supplier, you shall not be entitled to cancel any services requested where, on your instructions, performance has already begun.

6. Right of Withdrawal

Vertu reserves the right to withdraw any Service that may be offered and/or to refuse to supply any service requested.

7. Your Contracting Party

Your contract for the purchase of products or services is made directly with the relevant Supplier only. Vertu acts as an agent for you and the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier. Suppliers are responsible for providing you with the goods and services you select and you are responsible for the payment of any ordered goods or services. Vertu will however use reasonable efforts to assist you in any dealings you have with the Supplier. Vertu assumes no liability for any loss, damage or costs arising from your incomplete, incorrect or inaccurate requests or instructions or any other fault of you.

8. Cancellation of Membership

Vertu reserves the absolute right to cancel or suspend your membership (at its sole discretion) for any reason whatsoever. If Vertu cancels your membership it shall refund the balance of the annual subscription fee, if any, on a time apportionment basis in respect of the unexpired period to which the annual subscription fee applies.

9. Payment Details

If we do not have your credit card details we may not be able to provide or procure those benefits, goods or services that require payment. You may only make transactions using VC during your period of membership. When ordering a product or service you will be required to provide your credit card details. You undertake that all details you provide to us for the purpose of booking, ordering or purchasing goods or services are correct, that the credit card you are using is your own and that there are sufficient funds to cover the cost of the product or the service.

10. Supply of Details

Vertu may pass on your credit card and any other essential booking details to its agents, employees, subcontractors and Suppliers, and you consent to us passing on such details to deal with your orders. You must inform Vertu as soon as possible of any changes to the details supplied by you.

11. Call Recording

Your call to VC may be recorded and stored as proof of transaction, or for our training purposes, as well as to ensure customer satisfaction. Furthermore, under certain jurisdictions, local authorities may require us to record calls and/or to make recorded calls available to such local authorities. By making a call to VC, you are deemed to have accepted and approved the recording and storing of your call, as well as making such a recording available to referred authorities when necessary.

12. Payments Due

The purchase price of all products and services obtained through VC is due for payment on acceptance of your order by Vertu and/or a Supplier, as applicable.

13. Delivery

You must indicate the desired time of delivery or performance for your ordered product or service through VC at the time of making your order. Delivery or performance of most Services require a reasonable delivery time. If delivery or performance will take longer than the time set out (or the product or services are unavailable), the Supplier (or Vertu acting for the Supplier) will notify you of this at the earliest opportunity and you will have the right to withdraw your order and receive a full refund. Vertu shall not be liable to you or be deemed to fail or be in delay of performing any of Vertu ’s Services due to reasons beyond Vertu’s reasonable control.

14. Limitation of Liability

In addition to the provisions in Vertu Service Terms, Vertu’s maximum liability to you arising from or in connection with the Service shall be limited to the value of the annual subscription fee, if any, and the relevant charge for the Services charged from you if applicable.