Terms and Conditions

GENERAL
Welcome to the GSMA InfoCentre² available at https://infocentre2.gsma.com (the, “InfoCentre²“). The InfoCentre² is provided by the GSM Association whose head office is 2nd Floor, The Walbrook Building, 25 Walbrook, London EC4N 8AF (“GSMA“, “us“, “we” or “our“). “You” and “your” means (i) you as a registered user who is authorised to access InfoCentre² in accordance with these terms of use (“Terms of Use“); and (ii) unless expressly stated otherwise, the Authorised Organisation (as defined in the relevant registration confirmation) on whose behalf you are accessing and using the InfoCentre².

APPOINTMENT OF MEMBER INFORMATION MANAGER (MIM)
Before you may be granted access to the InfoCentre², the principal contact at a qualifying GSMA member organisation (the “Qualifying Member”) who may apply to use InfoCentre² must register as the initial registered user of the Qualifying Member. This person is known as the “Member Information Manager” (or “MIM”). The MIM must be an employee of the Qualifying Member.

A Qualifying Member, and the corresponding level of access to which that Qualifying Member is entitled, shall be determined by the GSMA’s articles of association and related GSMA documents (both as amended from time to time).

When a MIM registers, the MIM must submit the full registered name and address of the Qualifying Member. If and when a MIM’s registration is confirmed by us, the Qualifying Member named as part of the registration confirmation shall be the, “Authorised Organisation”. This registration confirmation shall also include the authorised MIM username and password to access the InfoCentre². Only the MIM may use this MIM username and password to access and use the InfoCentre².

In order to register as a MIM please can you request the MIM registration details (IST Form) via email: [email protected] . Alternatively, if you are already an InfoCentre² Nominated User (as defined below) you may search and download the latest MIM registration details (IST Form). On completion this needs to be returned to GSMA membership by email. On receipt, this will be processed and the MIM account set up.

Note: Registration to IC2 includes a subscription to monthly informative email with relevant information regarding Your benefits and discounts. You can adjust this email preference by contacting [email protected].

NOMINATED USERS
Once the MIM has received a registration confirmation email and followed the activation instructions to login, the MIM may then nominate other employees who are employed by the Authorised Organisation (they must be employees of the named Authorised Organisation and not another associated company or company within the relevant group of companies) who may register to access InfoCentre² on behalf of the Authorised Organisation (“Nominated Users”). Nominated Users may only be granted access to InfoCentre² to the extent that they need to have access to perform their work for the Authorised Organisation or the GSMA (as applicable).

To register, each Nominated User must request an InfoCentre² account via the main InfoCentre² home page. On submission this request will be sent to the Authorised Organisation MIM who will validate and approve the registration.

The InfoCentre² will then generate automated instruction that will be sent to the Nominated User’s email address (must be from a valid Authorised Organisation domain) with instructions to set up their password and to Login to InfoCentre².

MIM OBLIGATIONS AND WARRANTIES
The MIM represents and warrants that:

• as an employee of the Authorised Organisation it has been duly authorised to act on behalf of the Authorised Organisation for the purposes of the Agreement (as defined below);
• it shall act as the official point of contact between the Authorised Organisation and the InfoCentre²;
• it shall ensure that all obligations imposed by the GSMA with regard to access to and use of the InfoCentre² in accordance with the Agreement are met;
• in the event that the MIM is absent for whatever reason the MIM shall ensure that a replacement is duly authorised to act on behalf of the Authorised Organisation and shall notify GSMA Member Services by fax or e-mail to mailto:[email protected] of the name of the replacement;
• if the MIM ceases to be an employee of the Authorised Organisation or is not in a position to continue to act as MIM for whatever reason, the MIM shall (or shall make prior arrangements to ensure that a suitable representative of their Authorised Organisation shall) immediately notify GSMA Member Services by email to membership@gsma.com; and
• it shall not disclose its MIM username or password to anyone else and must keep the same strictly confidential and secure and protected against unauthorised access. Additionally, a MIM shall implement and operate such technical and operational measures so as to keep its MIM username and password as secure as its own sensitive confidential information and shall procure that each Nominated User shall observe the same strict confidentiality and security provisions.

IMPORTANT: The MIM shall be personally responsible for any failure by a Nominated User to keep their username or password secure and/or for a breach by any Nominated User of the terms of the Agreement.

The MIM shall maintain an up to date list of Nominated Users within the InfoCentre². The list shall contain the name of the person, their position within the Authorised Organisation, and their phone and fax number. In addition, the MIM shall immediately notify GSMA Member Services if any employee’s name is removed from the list for whatever reason, in particular if such person ceases to be an employee of the Authorised Organisation.

DISTRIBUTION OF MATERIALS FROM THE INFOCENTRE²
The MIM or Nominated Users may from time to time, be requested by the GSMA or a duly authorised employee of the Authorised Organisation, to distribute to employees of the Authorised Organisation, certain Materials (as defined below) from the InfoCentre². Certain Materials may be confidential. Such confidential Materials may only be disclosed to those employees of the Authorised Organisation who that need to know for the purposes of their work for the Authorised Organisation or the GSMA (as applicable).

ACCEPTANCE OF THE AGREEMENT
These Terms of Use govern the use of the InfoCentre² by any MIMs and Nominated Users and all services and information available via the InfoCentre². By accessing the InfoCentre², you agree to these Terms of Use, GSMA Privacy Policy, GSMA Anti-trust Policy and GSMA Code of Conduct for GSMA Participants.

If you do not agree to these Terms of Use, GSMA Privacy Policy, GSMA Anti-trust Policy and GSMA Code of Conduct for GSMA Participants, you are not authorised to use the InfoCentre². You should read all the above documents prior to using the InfoCentre². You should save and/or print out a copy of these Terms of Use for future reference.

These Terms of Use, together with the GSMA Privacy Policy, GSMA Anti-trust Policy and GSMA Code of Conduct for GSMA Participants shall be referred to collectively as the, “Agreement“. The Agreement, together with any written notices, user warnings or pop-ups which you are required to read when using the InfoCentre², constitutes the entire agreement between you and us. If you are uncertain about any of its terms, please email membership@gsma.com or write to GSMA Member Services, GSMA InfoCentre² at the address set out above and we will try to respond to your query as soon as possible.

CHANGES TO THE AGREEMENT
We may from time to time make changes to the terms of the Agreement. Any changes will be posted on the InfoCentre² and notified to you by means of a notice and links to the revised terms of the Agreement on the InfoCentre² homepage.

Please review these Terms of Use, GSMA Privacy Policy, GSMA Anti-trust Policy  and GSMA Code of Conduct for GSMA Participants regularly to ensure you are aware of any changes made by us. If you use the InfoCentre² or submit or request documents for services after changes are notified to you in this way, you agree to such changes. If you do not agree to such changes, you are not authorised to use the InfoCentre² and must notify us that you no longer wish to do so, with a brief explanation of the reason(s) why.

ACCESSING INFOCENTRE²
Access to the InfoCentre² is permitted on a temporary basis and we may withdraw, suspend, amend or restrict any part or all of the InfoCentre² without notice or liability. Access to the InfoCentre² is dependent upon availability of the worldwide web and we accept no responsibility for your inability to access the InfoCentre² arising out of circumstances beyond our reasonable control.

We may disable your access to the InfoCentre² at any time in our absolute discretion including, without limitation, if you have failed to comply with the terms of the Agreement or any other membership requirements of the GSMA. Only you, personally, as the authorised registered user, are authorised to access InfoCentre².

RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the InfoCentre² are provided on an “as is”, on a non-reliance basis and you use such materials at your own risk. To the fullest extent permissible by law, we disclaim all liability and responsibility arising from any reliance placed on such information and all terms, representations, conditions or warranties that might otherwise be implied in the Agreement are hereby excluded.

Antitrust

PLEASE NOTE: SHARING CERTAIN INFORMATION WITH COMPETITORS CAN CONSTITUTE ANTI-COMPETITIVE BEHAVIOUR AND MAY BE UNLAWFUL UNDER APPLICABLE ANTITRUST LAW. Such behaviour may arise, by way of example only, where two or more competitors exchange or allow to exchange data which enables them to fix prices or align pricing policies. For further information please refer to the GSMA Anti-trust Policy.

Accordingly, if you are in any doubt as to whether any of your activities relating to InfoCentre² may be anti-competitive, you are advised to seek independent legal advice. In addition, before engaging in any activity on InfoCentre² (such as, for example, sharing certain information by submitting data to InfoCentre² or, alternatively, downloading information uploaded by another authorised user) which may constitute anti-competitive behaviour, you should seek prior guidance from your legal adviser or in-house counsel. Any anti-competitive behaviour is strictly prohibited and your access to InfoCentre² may be suspended temporarily or permanently if we suspect or have grounds to believe that you may be or are likely to be engaged in anti-competitive behaviour.

To the fullest extent permissible by law, we exclude and disclaim all liability arising out of and/or in connection with any claims relating to anti-competitive behaviour resulting from your use of the InfoCentre² or that of any other authorised third party user. You shall indemnify and shall keep indemnified us and our directors, employees, agents and any other authorised users of InfoCentre² (“Indemnified”) for any claims, liabilities, costs, expenses (including legal expenses) and/or fines incurred by the Indemnified arising out of and/or in connection with any anti-competitive behaviour in which you are engaged with regard to InfoCentre².

LIMITED LICENCE
Subject to the terms of the Agreement, we grant you a personal, non-exclusive, non-transferable, revocable, limited right to access, view, and print out information accessible via the InfoCentre² and all data, information, software graphics, images, text, posts and other content on the InfoCentre² (“Materials“). Such licence is restricted only to those Materials to which you have been granted access, depending on: (i) your relevant access level (e.g. Member, Associate Member, Rapporteur etc.); and (ii) GSMA’s policy in force from time to time regarding users of InfoCentre².

You acknowledge and accept that the GSMA has restricted viewable search content to 500 records and has removed the ability to download search results in CSV format unless specifically enabled strictly in accordance with the Agreement. Use of all Materials and the InfoCentre² is also subject to our Fair Usage Rules (as set out below).

You may only view, print out and use the InfoCentre² and the Materials for your own personal use. We expressly reserve all intellectual property rights in and to the InfoCentre² and the Materials. Your use of the InfoCentre² and Materials is subject to the following restrictions. You must not:

• remove any copyright or other proprietary notices contained in the Materials;
• modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose (other than for your own internal use in accordance with the Agreement);
• transfer the Materials to any other person;
• use any Materials from the InfoCentre² in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties or;
• reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, communicate to the public or circulate to any third party or exploit the InfoCentre² and/or the Materials in any way, without our prior written consent.

By sending, uploading or submitting any content to us or via the InfoCentre² (“Your Content“), you grant us a license to use Your Content for the purposes of providing the InfoCentre² to all registered users and those within GSMA who are responsible for managing and administering the InfoCentre². We may alter, amend, edit and cut Your Content for technical formatting purposes and/or storage limitations and, where we deem appropriate in our sole discretion, if we suspect Your Content may contain Unacceptable Content (as defined below).

IMPORTANT: By sending, uploading or submitting Your Content to InfoCentre², you warrant and represent that Your Content:

• does not infringe the GSMA Privacy Policy, GSMA Anti-trust Policy or GSMA Code of Conduct for GSMA Participants;
• does not infringe any other person’s rights (for example, you should own all the rights in Your Content i.e. it should be original and may not include any work in respect of which the rights in which are owned by a third party as part of Your Content which you submit, unless you have obtained all necessary consents and licences to do so);
• does not contain any information which is subject to any data protection or confidentiality obligations other than where permitted by law;
• does not contain any viruses or other contaminants that have the ability to modify, delete or damage our computer programs and hardware or those of other users;
• does not contain any materials that are libellous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit, harmful, harassing, intimidating, threatening, hateful, objectionable, fraudulent, discriminatory, abusive or racially, culturally or ethnically offensive;
• does not violate any laws, rules or regulations in any way; and
• does not contain any information which may, either on its own or together with other information submitted by you or other registered users with whom you are interacting via the InfoCentre², constitute anti-competitive behaviour,

(together, “Unacceptable Content”).

You shall indemnify and keep indemnified us, and our directors, employees, agents and affiliated companies against any claim received, or damages suffered, by us resulting from submission of Your Content.

FAIR USAGE RULES
Whilst you may access the InfoCentre², your right to access, view and download any Materials available via the InfoCentre² is conditional upon your using such Materials based on the fair usage rules below (“Fair Usage Rules”). We have absolute discretion as to the application of the Fair Usage Rules. In assessing whether you have exceeded your fair usage limits, we may take into account the Fair Usage Rules as follows:

• the size and nature of your Authorised Organisation;
• your previous and current usage based on data analytics relating to your registered account;
• any behavioural modelling we may use to review and analyse InfoCentre² usage;
• the usage of registered users (alone or in aggregate) when compared to other registered users;
• your Authorised Organisation’s contribution to InfoCentre² (when compared with similar organisations and your usage);
• what we consider you may be reasonably likely to need access to for the purposes of your Authorised Organisation’s business; and
• the need to protect the rights of the GSMA, other registered users and anyone else who has an interest in the GSMA and/or the InfoCentre².

You consent to our using such data to make such an assessment and acknowledge that we may suspend some or all of your user account(s) associated with your Authorised Organisation if we feel you or any other Registered User has exceeded their fair usage limit.

TRADE MARKS
We expressly reserve all rights in and to GSMA, InfoCentre² and all other related service marks, trading names or other trade marks relating to our products and services. Other trade marks, products and company names mentioned on the InfoCentre² may be trade marks of their respective owners or licensors and the rights in such marks are expressly reserved to the respective owners or licensors.

THIRD PARTY SITES AND CONTENT
The InfoCentre² and/or the Materials may contain links to third party websites. If you decide to visit any third party site, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed in such websites. Links do not imply that we or the InfoCentre² is/are affiliated to or associated with such sites. Third party content may appear on the InfoCentre² or may be accessible via links from the InfoCentre². We are not responsible for and assume no liability for such content.

CONFIDENTIALITY
All Materials in the InfoCentre² are proprietary and confidential unless otherwise stated. Accordingly the MIM and Nominated Users shall preserve the confidentiality of all such proprietary Materials and ensure that it is clearly marked “Confidential”.

It shall be the responsibility of the MIM to ensure that all employees of the Authorised Organisation preserve the confidentiality of all Materials and that same is kept under secure conditions no less rigorous than those used for confidential information of the Authorised Organisation.

The duty of non-disclosure and confidentiality set out above shall not apply to Materials which:

• are or become publicly known through no fault of the Authorised Organisation or employee of the Authorised Organisation;

• are or become known to the Authorised Organisation or employee of the Authorised Organisation from a third party source other than the GSMA without duties of confidentiality attached and without breach of any agreement between the Authorised Organisation or employee of the Authorised Organisation and such third party; or

• were independently developed by the Authorised Organisation or employee of the Authorised Organisation without recourse to the Materials.

USER INFORMATION
Please, note that once you, as a MIM or a Nominated User, have been registered for the GSMA InfoCentre² the following information will be available to and can be accessed by any other MIMs and Nominated Users:

• contact name;
• contact email address;
• contact position / job title;
• contact address; and
• contact phone number,

together “User Information”.

By accepting the terms of the Agreement you consent and agree that User Information can be made available and is accessible to the MIMs and Nominated Users of other Authorised Organisations.

User Information is strictly confidential. You also agree that you will not use User Information from the MIMs and Nominated Users of other Authorised Organisations for anything other than set out in “USE OF MAILING LISTS AND OTHER INFORMATION” below.

USE OF MAILING LISTS AND OTHER INFORMATION
In accordance with data protection, privacy and antitrust legislation, the GSMA has rules on the use of “Mailing Lists” and other GSMA InfoCentre² data that are related to GSMA work, its members or communications. In all circumstances anyone sending a communication to a GSMA Mailing List is required to adhere to the following:

• communications to Mailing List should be for professional purposes only;
• only copy other parties on a Mailing List where appropriate;
• do not include confidential or private data or information on a Mailing List;
• do not include market price points or price comparisons;
• distribution of spam, company advertisements, chain letters, test emails, virus warnings or jokes is not permitted; and
• do not use a Mailing List for hostile messages or other personal attacks.

Furthermore, you are prohibited from downloading information in Mailing Lists or related to other users or marketing, selling or making available that information to any third party. If in doubt about sending information to or downloading information from a Mailing List, please contact a member of GSMA staff who will assist in gathering and circulating relevant information to the appropriate parties.

ADHERENCE TO RULES
Any breach of the provisions of the DISTRIBUTION OF MATERIALS FROM THE INFOCENTRE², USE OF MAILING LISTS, THIRD PARTY SITES, CONFIDENTIALITY, and FAIR USE RULES sections of these Terms of Use is considered material and will result in in the revocation of your right of use the GSMA InfoCentre². In addition, the GSMA reserves the right to take any additional actions as it may deem fit in these circumstances, including termination of the Authorised Organisation’s use of the GSMA InfoCentre² or its membership of the GSMA.

ACCESS TO INFOCENTRE² SERVICES AND ACCEPTANCE
Your access to the InfoCentre² is subject to:

• following the applicable instructions for registration and access;
• acceptance by your organisational MIM (or GSMA Member Services);
• welcome InfoCentre² email being sent to you;
• follow the given activation instructions for password activation;
• activating your password by following given instructions.;
• logging-in and accepting the Agreement before given access to InfoCentre².

REGISTRATION INFORMATION AND RESPONSIBILITY FOR ACCESS
You agree to provide truthful and complete information when registering for InfoCentre² and to keep that information updated. Providing misleading information about your identity is a material breach of the Agreement.

You are personally responsible for any use of the InfoCentre² with your username and password. You shall take due care in protecting your username and password against loss, unauthorised access or misuse by others and to notify us immediately about any misuse by emailing membership@gsma.com with “MISUSE OF USERNAME AND PASSWORD” in the subject header.

NOTICES
Where these Terms of Use require you to notify us in writing, notices should be sent to us by post to our address above or by e-mail at [email protected].

If we need to notify you of anything, we will do so by e-mail or post to the e-mail or postal address you provide during the registration process. Notices will be deemed received 24 hours after the e-mail is sent or three days after the date of posting.

EXCLUSIONS AND DISCLAIMERS
To the fullest extent permissible by law:

• we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in connection with the Agreement, the Materials and/or all information or services supplied by us in connection with the InfoCentre²; and
• we shall not be liable under the Agreement for any loss of profits, loss to reputation, loss of contracts, or any indirect, punitive, special or consequential loss or damage whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise, even if advised of the possibility of such damages.

The materials on the InfoCentre² may contain inaccuracies and typographical errors and is provided on an “as is”, non-reliance basis. We do not warrant the accuracy or completeness of the Materials. Any reliance on any such opinion, advice, statement, or other information shall be at your own risk. We may, in our sole discretion, correct any errors or omissions in any part of the InfoCentre² and make any changes to the features, functionality or content of the InfoCentre² at any time. We may in our sole discretion edit or delete any Materials on the InfoCentre².

We do not represent or warrant that the InfoCentre² will be error-free, free of viruses or malware, or that defects or errors will be corrected.
We will not be in breach of the Agreement nor be liable for any failure or delay in performance of our obligations under the Agreement, arising from or attributable to acts, events, omissions or accidents beyond our reasonable control.

OUR LIABILITY
Nothing in the Agreement shall exclude our liability for: (a) death or personal injury arising through negligence; (b) fraudulent misrepresentation; and/or (c) anything else that cannot be excluded or limited under applicable law.

Our aggregate liability in connection with any claim arising out of or relating to the InfoCentre², the Materials and the services provided in connection with the InfoCentre² shall be limited to £1,000 (one thousand pounds).

You shall indemnify and hold us and our directors, employees, agents and our affiliated companies harmless against all liabilities, losses, claims and expenses (including, without limitation, legal fees), incurred by the same in connection and/or arising out of your breach of any term of the Agreement.

LEGAL COMPLIANCE AND APPLICABLE LAW
You shall comply with all applicable laws and regulations in connection with your use of the InfoCentre² and the Materials that appear on it.

The laws of England and Wales shall apply to the Agreement and the Agreement shall be interpreted under English law. Any dispute arising from the Agreement shall be subject to the exclusive jurisdiction of the English courts. Notwithstanding the foregoing, we may issue legal proceedings in relation to any claim relating to the Agreement and your use of the InfoCentre² anywhere in the world.

To the fullest extent permissible, the Contracts (Rights of Third Parties Act) 1999 is hereby excluded, and the parties to the Agreement shall be the only parties who shall be able to rely on it terms (other than in relation to any benefits and rights expressly conferred upon registered users of InfoCentre², our, directors, employees, affiliated companies and agents).

Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the InfoCentre² is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under the Agreement shall survive any termination of the Agreement.

Thank you for visiting the InfoCentre².

Last Updated Date: February 2016