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13 liability

13.1Except as provided in this Condition 13, neither party shall be liable to the other, whether in contract or tort or otherwise, for any loss or damage which is:

13.1.1not the fault of the other party;

13.1.2indirect and/or not reasonably foreseeable.

13.1.3loss of business, profits, savings, revenue, use or goodwill whether caused to the other party through any breach of your Contract or any matters arising under it. Neither party excludes liability for negligent acts or omissions causing death or personal injury to any person.

13.2Subject to Condition 13.1, we limit our legal liability up to a maximum of three thousand pounds per claim or a series of related claims for any loss or damage which is:

13.2.1direct financial loss.

13.2.2direct physical damage to or loss of property resulting from our breach of contract or negligence while providing Services.

13.3We will not be liable to you if we are unable to perform an obligation or provide the Services to you because of any factor outside our control, including but not limited to Acts of God, industrial action, default or failure of a third party, war, governmental action, or by any act or decision made by a court of competent jurisdiction.

13.4Subject to Condition 13.1, your liability is limited to payment of all outstanding Charges due in accordance with the provisions of your Contract.

14 general

14.1Subject to Condition 10 these terms and conditions may only be varied or amended only by the express mutual agreement of both parties and the party seeking to rely on such variation or amendment must produce evidence of the other party’s agreement to it.

14.2You agree to the disclosure to any telecommunications company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, security agency or credit provider of:

14.2.1any information relating to your Contract, including your personal financial information and details of how you have performed in meeting your obligations under your Contract;

14.2.2any disclosure as may be within our Data Protection Act registration.

14.2.3any disclosure required as a result of an order of any court of competent jurisdiction or by statutory authority.

14.3All notices under these terms and conditions will be sent to the address given by you on Registration unless you notify us of a change to this address. Any notice from us to you will be deemed served 48 hours after posting or an earlier proof of delivery.

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Contents Guide Future’s bright, the future’s Orange WelcomeContents Manage your time Your phone’s additional featuresInternational services Personalise your phoneAfter you register Register with OrangeInsert your SIM Card Insert your batteryOutside your Motorola Plug in and chargeYour Home screen Explore the menus Make your selectionReceive your first call Make your first callSend your first text message Add your first contactReceive your first text message Send your first Photo Message Take your first photographWatch your first video Record your first videoWhat are my POP3 email settings? Set up your email account Send your first emailSymbols on your phone Access Orange WorldMaking calls Redialling a number Making callsAnswer a call Take two different calls at the same timeSpeak with up to five other people at the same time Speak to someone privately during a callCall back a missed number Avoid accidental calls Listen to calls at the right volumeRecord Use your phone handsfree with voice diallingManage Your contacts Using the notepadOrange Directory Enquiries Manage your contactsSearch for a name in your phonebook Delete a single contact from your phonebook You can edit the contacts in your phonebookPhonebook menu options Manage your contacts Manage your calls Backup your SIM Card phonebookManage your calls Personalising your Answer Phone greeting What happens when you get an Answer Phone message?Listening to your Answer Phone messages Answer Phone Call ReturnWhen you can’t take your calls, why not divert them Set up an Answer Phone PINControl the numbers that can be called from your phone More informationFind out who has called you and when Orange Answer FaxKeep an eye on how long you spend on your calls Text MessagingBrighten up your text message with a picture Save time using predictive text inputText Messaging Text messages are fun, quick and convenientDelete To read a text messageMessage menu options Photo and Video MessagingShare the action live with video messaging Change your video settings to suit your surroundingsPhoto and Video Messaging Photo and Video Messaging View a photo Entry Mode To choose symbols or numbers Entry SetupOrange World and multimedia services Choose from a list of options while you are browsing Orange World and multimedia servicesFun ToolsEmpty your cache What are my Gprs wap settings?What are my GSM wap settings? Resetting browser connectionsText and mms alerts Other multimedia servicesVoice services Bookmark your favourite sitesOrange Plus Orange Plus Call Orange enables you to…Orange Plus Information enables you to check… How much does it cost?What can I do with Pay as you go? Orange Plus Payasyougo enables You toYour account online Read your email on Orange World Orange Email and other services from your PCRegistering with Orange Services Use Bluetooth for wirefree communication with another device Your phone’s additional featuresPersonalise your phone Change your colour style Setting a phone themePersonalise your phone Select a wallpaperSelect a screensaver Manage your time Keep track of your time and finances Manage your timeSet the time and date Have fun on your phone Download games and applications Have fun on your phoneWap games International services Pay monthly check list before you travel International servicesOrange International services for pay monthly customers Pay as you go check list before you travel Orange International services for pay as you go customersUsing Gprs abroad Using your Answer Phone abroadEnsure your phone is secure Protecting your phone Ensure your phone is secureOrange Care What if I enter the wrong PIN? Manufacturer’s warrantyEnsure that only authorised people can use your phone What are the security codes for? Security code protects your phone against unauthorised useReference Safety Reference 126 127 128 129 Radio waves and your phone Day phone return PaperworkOrange Care terms and conditions 136 137 Wilful act or neglect carried out 140 141 142 143 144 145 146 147 Pay monthly terms and conditions Age Restricted ServicesConnection SIM We have good reason to believe 156 157 158 159 160 161 162 163 An offensive, abusive, indecent 166 167 168 169 170 171 172 173 174 175 176 177 Charges Pay as you go terms and conditionsUser 182 183 184 185 186 187 188 189 Downloadable games terms and conditions 192 193 Orange Value Promise Terms and Conditions 196 197 Been upgraded or migrated Declaration of conformity Contact OrangePay monthly customers Orange Business Solutions All Orange customers CustomersContact Orange Further information Index Gprs IndexSMS Motorola V545 UK D4.qxd 20/10/04 1127 AM
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