Terms and conditions
Club Nokia Membership Rules
1. Club Nokia
Club Nokia is a program for the users of Nokia consumer products in order to provide Club Nokia members with information and services related to such Nokia products.
2. Membership Eligibility
2.1. A person may only join the Club Nokia of his / her country of residence with the languages announced on the Club Nokia website, provided also that the person has a subscription with a network operator in that country.
2.2. Membership is personal and can not be transferred.
2.3. A person has to have a Nokia consumer product as notified on the Club Nokia website www.nokiamena.com/english/phones and www.nokiamena.com/clubnokia. The product in question may be used only once for an enrolment with Club Nokia.
2.4. Only one membership is allowed per person.
2.5. Membership commences on accepted enrolment with Club Nokia. A person has to read and accept these Club Nokia Membership Rules in order to enrol with Club Nokia.
2.6. Minors are required to have parental or guardian consent to join Club Nokia, unless otherwise stated in the applicable law.
2.7. After enrolment a member may receive via mail the Club Nokia Welcome Pack and a membership card.
3. Member Services
3.1. A member may enjoy various services and offers as announced on the Club Nokia website in the member's country of residence. These services and offers are provided only on the terms and conditions as informed on the Club Nokia website in the member's country of residence.
3.2. To be able to use the services, a member may have to read and accept some additional service related terms and conditions as notified on the Club Nokia website in the member's country of residence prior to using the service in question.
3.3. Some services provided may be subject to a separate charge, or are country and/or language specific, or specific to a certain product, geographic area, or other criteria as informed on the Club Nokia website in the person's country of residence.
3.4. Some services provided within Club Nokia may be limited to adults (people over 18 years of age) due to applicable legislation.
3.5. Nokia reserves the right to change or modify these Club Nokia Membership Rules, the general site terms, the Privacy Policy and other service related terms and conditions at any time without prior notice and notify a member of such change or modification by posting an updated version of the document in question on the Club Nokia website. Such changes and modifications shall be considered approved if the member uses the Club Nokia membership and/or any service after such changes or modifications have been notified, if no written objection is registered within one month of notification.
4. Membership data, data protection and member privacy
4.1. Nokia will observe the provisions of the Privacy Policy posted on the Club Nokia website in dealing with any personal data or information submitted by a member. When a member "clicks the ""I ACCEPT"" button for the purpose of accepting the Club Nokia Membership Rules on this Club Nokia website, a member is also deemed to have accepted the Club Nokia Privacy Policy posted on the Club Nokia website which is expressly incorporated by reference into the Club Nokia Membership Rules.
4.2 A member accepts that his or her personal data relating to a Club Nokia membership may be transferred across international borders (including but not limited to transfers from those locations back to the country of the member's registration) and stored in the relevant Club Nokia database which may be located outside of the member's country of registration, in Finland, or in any of the countries where Club Nokia operates (including but not limited to the countries within the European Union) as listed in the page behind the link on this Club Nokia web page. Personal data relating to a Club Nokia membership will be stored in the Club Nokia database processed and used for purposes serving Club Nokia program implementation in accordance with applicable data protection regulations by Nokia Corporation, Nokia Mobile Phones, P.O.Box 1001, FIN-00045 Nokia Group, FINLAND. A member may request at any moment the access to and amendment of the member's personal data by writing to: Club Nokia, PO Box 28234, Edinburgh South DO, EH9 1UR, UK or by calling the Club Nokia Careline or by accessing the member's personal data on the Club Nokia website.
4.3. The Club Nokia policy is to respect the privacy of its members. The personal information given by a member in registration, during membership or using Club Nokia related services will not be revealed to any third parties without prior consent of the member in question (e.g. in the enrolment form in a Nokia product sales package for receiving other companies' marketing material or on the website when acquiring third party services available on the Club Nokia website). The member accepts that Nokia affiliates, Nokia Careline service providers, Nokia Service Points and other subcontractors, partners or agents (""the Service Providers""),who may be located within or outside of the countries where Club Nokia operates and are responsible for performing Club Nokia related services will have access to the membership data that is needed for providing the service in question. The Service Providers have accepted the appropriate confidentiality obligations when dealing with the member's personal data and information.
4.4. Nokia places information on your computer to allow Nokia to identify you. This information is commonly known as ""cookies"". By showing how and when Club Nokia members use the Club Nokia website, this information can help Nokia to improve Club Nokia website on a continual basis. Nokia will use cookies to view information on your hard drive that was put there by a cookie from a Club Nokia website. The use of cookies is an industry standard and many websites use them.
4.5. Nokia applies the Privacy Policy placed on Club Nokia website. Further, in order to contact you via mail,"
e-mail or phone to inform you of new products, services or promotions or in order to respond to your questions, fulfill your requests, customize and develop our web site and other Nokia services and personal communication with you, Nokia stores the personal information you may provide to Nokia or Nokia receives in connection with the services it provides. Such information may include among other things your name, address, e-mail address and telephone number, information on responses on Club Nokia campaigns and other activities as well as on contacts with Club Nokia Careline or activities relating to after market services. In addition, Club Nokia site uses technology that lets Nokia to collect and analyze certain technical information like your Internet protocol (IP) address, login, e-mail address, password, computer and connection information, such as browser type and version of your computer’s operating system, traffic patterns, such as purchase history, the full Uniform Resource Locators (URL) clickstream to, through, and from Nokia websites.
4.6. Nokia may on its own initiative, or at your request, replenish, rectify or erase any incomplete, inaccurate or outdated personal data retained by Nokia in connection with the operation of Club Nokia.
4.7. Subject to clause 4.3 above, Club Nokia will not monitor, edit, or disclose any personal information or data posted on the Club Nokia website by a member, unless it is necessary in compliance with a legal requirement of a government agency or where disclosure is required by operation of law or when it is necessary to protect and defend the rights of Nokia; to protect the personal safety of Club Nokia members, Nokia customers or the safety of the public. The member hereby authorizes Nokia to disclose any information about him or her to law enforcement or other government officials as Nokia, in its sole discretion, believe necessary or appropriate or as required by such authorities.
5. Member account, password and security, use of Club Nokia
5.1. After enrolment to Club Nokia each member will receive a Club Nokia member account.
5.2. The member is responsible for keeping the member's Club Nokia membership information up to date, including but not limited to the mobile phone number and contact information, in order to enable proper and accurate service.
5.3. Each member is responsible for indemnifying Nokia if any third party takes action against Nokia in relation to the member's inaccurate membership data.
5.4. By submitting material to any of the Club Nokia websites, servers or for any Club Nokia service:
(a) the member agrees not to use any Club Nokia service for any unlawful or unauthorized purpose, that: (1) may infringe any proprietary right, such as copyright, trademark, patent, trade secret or confidentiality obligation; (2) may be defamatory or injurious to any person or entity; (3) may cause harm to persons or property or otherwise harass any person; (4) may violate any person's right to privacy; (5) contains
any pornographic, obscene or profane materials; (6) suggests or encourages to any illegal activity; and
(b) the member agrees to use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; and
(c) when providing material to be made available to the public, the member agrees to ensure that the member owns the material or has the unlimited right to provide it to Nokia and ensure that Nokia may publish the material world-wide perpetually free of charge and/or incorporate or modify it or any concepts described in it in Nokia products without accountability or liability,
(d) the member agrees not to take action against Nokia in relation to material submitted by the member and agrees to compensate Nokia if any third party takes action against Nokia in relation to the material submitted.
(e) If a member is a minor, the member agrees to have the consent of the parent(s) or guardian(s) for submitting material to Nokia and accepting any Club Nokia service related rules.
Club Nokia reserves the right to remove any material or content at its sole discretion without prior notice if a member acts against the above mentioned.
5.5. Actions taken during a member session, opened with a valid member identification or passwords are assumed by Nokia to be made by the legitimate member, unless clear contrary evidence is presented.
5.6. If any of the member's user identification or passwords is compromised, or if the member becomes aware of any unauthorized use of the member's account or other breach of security, the member is responsible for promptly notifying Nokia. Upon the notification, the responsibility of the unauthorized use shall transfer to Nokia. The member can notify Nokia by calling the Club Nokia Careline. The member can change the password by himself or herself by accessing the member's personal data on the Club Nokia website.
5.7. The member promises never to use anyone else's account at any time, without the permission of the account owner. Nokia has the right to terminate the member's Club Nokia membership without notice, if the member breaks the above mentioned security rules or uses any Club Nokia service illegally.
5.8. Nokia may provide different settings or links (such as bookmarks) to third party web or WAP enabled sites and/or services e.g. from the Club Nokia website or from a Nokia phone. As such third party settings, sites and/or services are not under Nokia's control, the access to any such settings, sites and/or services on a "AS IS" and "AS AVAILABLE" basis. Nokia is not responsible for such settings, sites and/or services, including, but not limited to, the content and functionality thereof.
6. Termination of membership
6.1. The member may at any time terminate the his/her's Club Nokia membership, and thus also withdraw the consent to usage and process of the personal data, by writing to the contact address stated in the clause 4.2 or by calling or sending an email to the
Club Nokia Careline and by informing the member's full name, date of birth, Club Nokia membership number, phone serial number and phone number.
6.2. Nokia may terminate a Club Nokia membership, or access to any part or all of a Club Nokia service with or without prior notice, if a member violates any part of these Club Nokia Membership Rules, the general site terms, the Privacy Policy or of any other service related terms and conditions, or makes material misrepresentations or acts otherwise inappropriately. Nokia may terminate the membership also if the Club Nokia program is discontinued, or replace it with another program at Nokia's discretion. Further Nokia may terminate the membership if a member has not used any of the Club Nokia services within the preceeding calendar year.
6.3. The membership shall expire upon Nokia sending a notice of termination of the Club Nokia membership to the person. Club Nokia shall send the notice to the postal address, to the email address or to the person's mobile phone number (via SMS), that are provided by the member. Nokia is not obliged to notify and the termination shall become effective without notice, in case such information has not been provided or is inaccurate.
6.4. If Nokia terminates the person's Club Nokia membership, the balance of any valid instrument of payment on the person’s Club Nokia account purchased by the member will be refunded into the person's personal bank account as requested by the person within 3 months, unless otherwise required by the applicable mandatory law, from the date of the notice of termination or termination without notice. Please note that Nokia will deduct the direct costs related to such refunding unless otherwise required by the applicable mandatory law. Any valid instruments of payment given free of charge and all other rights to any services or offers provided on the Club Nokia website shall expire on the termination.
7. Club Nokia Careline
7.1. The Club Nokia Careline is a customer call service for Club Nokia members for any possible questions about Club Nokia services or Nokia product(s). The service call rates and other related data for each Club Nokia country can be found under section Phone Support under the Club Nokia Careline. www.club.nokia.co.uk
8. Limitation of Liability and Limited Warranty
8.1. Except as provided in the following provisions Nokia does not warrant that the web pages will be uninterrupted or error-free.
8.2. Nokia agrees to give a warranty for Club Nokia services to the extent required by mandatory stipulations of applicable law.
8.3. Nokia is not liable for the temporary non-availability of a Club Nokia website. Nokia assumes no liability for any delay, data loss or damage during the transmission from the website to the member.
8.4. NO WARRANTY OF ANY KIND IS MADE IN RELATION TO THE CONDITION, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, MERCHANTABILITY AND/OR NON-INFRINGEMENT OF CONTENT OF THE CLUB NOKIA WEBSITE, THE USER'S OWN
EQUIPMENT, THE INTERNET ITSELF, ANY PUBLIC LINES AND/OR OPERATOR NETWORKS.
8.5. To the extent permitted by applicable law Nokia's liability to you shall be limited under these Club Nokia Membership Rules to an amount equal to the sale price of the most expensive Material or Service bought by you from Club Nokia. To the extent required by applicable mandatory law this limitation of liability is not applicable to cases of death or personal injury caused by Nokia's negligence, or to cases of liability caused by Nokia's intentional conduct or gross negligence
8.6.To the extent permitted by applicable law, Nokia accepts no responsibility for any claim in contract, tort, negligence or otherwise for:
(a) loss of profit, business revenue, goodwill, anticipated savings or data; or
(b) any indirect or consequential loss or damage.
9. Miscellaneous
9.1. Nokia may change, modify or withdraw access to a Club Nokia service at any time, with or without prior notice, and without any liability, unless otherwise notified in additional service related terms and conditions of the service in question.
9.2. The invalidity of a provision shall not affect the validity of the remaining provisions. The invalid provision shall be replaced with a valid provision which comes closest to the result and purpose of these Club Nokia Membership Rules.
9.3. These Club Nokia Membership Rules shall neither exclude nor limit any mandatory rights of the Club Nokia member.