GENERAL TERMS AND CONDITIONS AND PRIVACY POLICY REGARDING SMS SERVICES
The following General Terms and Conditions are applicable to the products and
services supplied via Short Messaging Services (hereinafter to be referred to as
“SMS”), GPRS and 3G by Corelli Ltd., or enterprises affiliated to it,
(hereinafter to be referred to as “the Provider”).. The Provider is permitted to
amend these General Terms and Conditions from time to time without notice. Apart
from the General Terms and Conditions, any applicable and publicized rules,
promotional conditions, guidelines and provisions pertaining to the services
also apply to you and the Provider upon the use of the Services (as defined
herein) of the Provider. All those guidelines, rules, promotional conditions and
provisions will be considered an inextricable part of these General Terms and
Conditions. By availing yourself to use the Services of the Provider, you agree
to be bound by these General Terms and Conditions and the guidelines, rules and
promotional conditions.
1. DESCRIPTION OF THE PROVIDER.
By means of SMS, GPRS and 3G services, the Provider supplies its users access to
a network of on-line sources, including on-line games, text messages, rich
content and on-line information material which may be downloaded onto mobile
telephone or whatsoever devices (“Services”). The General Terms and Conditions
are at all times applicable to all new facilities including facilities which the
Provider may implement as part of the Provider’s expansion, extension or
improvement of the present Services, including any extension to new functions
added by the Provider.
2. AVAILABILITY.
The Service is supplied "as is" (at the stage of development it happens to be
in) and the Provider accepts no liability nor does it issue any guarantees or
warranty in the event that personal configurations, information or messages are
not saved, or not saved in due time, or if they are deleted or incorrectly
delivered. In order to subscribe to the Service, you are required to have access
to the Internet and/or a mobile communications subscriptions and pay any service
fees associated with such access. You are required to pay all expenses incurred
in creating such access. You are also responsible for seeing to the connection
of any necessary equipment, including any mobile telephone or personal computer
or whatever devices that may be necessary needed and are in working order and
suitable for use in connection with the Service.
3. PAYMENT.
You have access to our on-line services free of charge. With regards to the
Services and the use of it, you shall pay the amount corresponding to the
applicable rates of the Provider in force at that time and according to the
rates charged by your mobile operator. The charges shall be invoiced to you via
your mobile operator through the mobile bill you receive from the mobile
operator of your network. You pay the Provider all national and local or other
taxes, including but not restricted to VAT, any taxes or levies imposed in lieu
thereof, which taxes are based on the costs due to the use of the Services,
regardless of whether those taxes are levied either now or in the future by
European, national or local authorities or by any other body or bodies
authorized to levy taxes. The Provider reserves the right to change the rates
for the Service by posting details of such changes on its website.
4. REGISTRATION OBLIGATION.
In order to warrant safe and secure use of the Service, you guarantee the
following, in addition to paying the applicable charges: (a) your personal
information (hereinafter to be referred to as the “Registered Information”)
provided on the registration form is correct, true, accurate and complete and
(b) you agree to ensure that the Registered Information is at all times correct,
up to date, true, accurate and complete. If the Provider has a reasonable
suspicion that the Registered Information does not reflect a true state of
affairs, or is not accurate or complete, then the Provider is entitled to
suspend or terminate your account and to withhold both current and future use of
the Service, or any component of it. You yourself are responsible for
maintaining the secrecy of any passwords and/or accounts issued to you by the
Provider, and you are fully liable for all actions carried out involving the use
of your password or account. You undertake at the end of each session to close
your account (by closing your browser) and to contact the Provider if you notice
or suspect that unauthorized use has been made of your password or account, or
that security or protection is no longer guaranteed for any other reason. The
Provider cannot and will not be liable for any damage arising from your failure
to observe the stipulations of this article.
5. RELEASE OF PRIZES.
In order to receive a prize you have won you must be registered with the
Provider, in accordance with article 4 of these General Terms and Conditions.
The information supplied must be valid in order to qualify for the prize. Prizes
are released to users 16 years of age and older who are resident and in
possession of a postal address in Malaysia. In the event of doubt regarding the
user's age, the Provider is at all times entitled to request a copy of a valid
identity document before releasing any prize. All entitlement to prizes is
forfeited if we have not received a copy of an identity document within 21 days
of requesting it from you. Monetary prizes are only paid into your bank accounts
with a legally recognised bank in Malaysia upon providing the Provider with the
correct banking information. Prizes paid out by the Provider are inclusive of
tax. Upon acceptance of any prize, the user authorizes this Provider to make use
of his or her name for promotional activities. The Provider cannot guarantee
that the prizes supplied correspond to the photographs displayed on the
Provider's website. If the Prizes shown on the Provider’s website are no longer
available, the Provider shall be entitled to replace the prize at any time which
the Provider deems fit. Prizes are released 90 days after the Provider has
announced the winner. Any expenses, such as (but not restricted to) bank and
postal charges, are borne by the winning party. Enterprises and/or legal
entities and/or sponsors, employees and business partners are barred from
participating. No correspondence of any kind will be entertained by the Provider
regarding the results.
6. PROCESSING OF INFORMATION.
The Provider attaches great importance to the privacy of its users. To ensure
this we have created a policy that is inextricably linked to the General Terms
and Conditions of the Provider. You acknowledge that the Provider collects and
processed the Registration Information and information on your use of the
Service including the personally identifiable information contained therein for
the purpose detailed in the Privacy Policy. As a global company, the Provider
increasingly go beyond the borders of one country.
7. INDEMNIFICATION.
You undertake to indemnify the Provider and its subsidiaries, affiliated
enterprises, functionaries, representatives or other partners, and employees
against any demands or claims by third parties, including all reasonable costs
incurred for legal assistance, which demands or claims arise from or are the
consequence of any information you have sent or offered via the Service as a
result of your connection with the Service, your use of the Service, or any
violation committed by you of the General Terms and Conditions or rights of
others.
8. PROHIBITION ON RESALE OF THE SERVICE.
You undertake not to reproduce, copy, sell, resell or use the Service, or any
part of it, or access to the Service for commercial purposes.
9. GENERAL RULES REGARDING USE AND SAVING OF INFORMATION.
Regarding the use of the Service you agree to the general rules, rules of play,
promotional conditions and restrictions established by the Provider. The
Provider reserves the right at all times and at its own discretion, without
being required to issue prior notice, to amend these general rules, rules of
play, promotional conditions and restrictions. The Provider is entitled to annul
accounts that have remained inactive for considerable periods of time. You agree
with the arrangement whereby the Provider bears no responsibility or liability
to you in the event that information sent or provided by means of the Service is
not saved or is deleted in error.
10. ALTERATIONS TO THE SERVICE.
The Provider may at any time alter or terminate the Service, or any part of it,
either temporarily or permanently. You agree that the Provider is not liable to
any third party or you as a user in the event that the Service is altered,
terminated or suspended.
11. TERMINATION.
You agree that the Provider shall at its own discretion and regardless of the
reasons for doing so, the Provider may terminate use of the Service, destroy and
remove the content and information within the Service if the Provider is of the
opinion that you have not observed the General Terms and Conditions, or you have
acted contrary to General Terms and Conditions, or for any other reasons. You
agree that the Provider may erase or deactivate your account and all information
connected with it as well as any lists or files contained in it without delay,
and/or deny you all further access to the Service. In pursuance of the
stipulations of these General Terms and Conditions, the Provider may also
terminate your access to the Service without issuing prior notice.
12. TRANSACTIONS WITH ADVERTISERS AND/OR SPONSORS.
Any dealings performed between you and sponsors and/or advertisers, or any
participation in promotions by sponsors and/or advertisers that have been
located on the Service, including the supply and payment of goods or services,
as well as all other guarantees, terms and conditions and statements issued in
connection with those transactions are the exclusive concern of you and the
sponsor and/or advertiser. You agree that the Provider is not liable or
responsible for any damage of any nature whatever that may be the result of such
transactions or the presence of those sponsors and/or advertisers on the
Service.
13. OWNERSHIP RIGHTS OF THE PROVIDER.
You are aware and agree that the Service and software used in connection with
the Service, (hereinafter to be referred to as the “Software”), contain
confidential information which belongs to the Provider is protected by valid and
applicable intellectual and industrial ownership rights legislation and other
legislation. You are also aware and agree that copyright, trademarks, service
marks, patents or other ownership rights and laws are applicable to Information
published in sponsors' advertisements or information offered to you via the
Service. You undertake, either partially or wholly, not to amend, rent, rent
out, borrow, lend, sell, distribute or create products derived from the Service
or the Software except in the event that the Provider has given you explicit
written permission to do so. The Provider hereby grants you a personal,
non-transferable and non-exclusive right and permission to use the working code
of its Software, provided you do not copy or alter any source code whatever, or
create a product derived from it, or carry out any reverse engineering or
reverse assembly on it or in any other way attempt to find a source code (or
permit third parties to do so) (except if and insofar as such acts are permitted
by the provisions of any mandatory law that may be in effect), and you agree not
sell, encode, sublicense, encumber with security rights or transfer in any other
way any rights connected with the Software to any person or entity. You
undertake not to alter the Software in any way whatever or to use any altered
versions of the Software for the purpose of gaining unauthorized access to the
Service or for any other reason. In gaining access to the Service, you undertake
only to make use of the interface supplied for that purpose by the Provider. The
Provider hereby grants you permission to make one copy only of the Information
on the equipment you use for gaining access to the Service, and to use and
display the copy of the Information made on that equipment for private purposes.
DISCLAIMER.
YOU EXPRESSLY AGREE THAT:
a) THE PROVIDER DOES NOT IMPLICIT OR EXPLICIT PROVIDE ANY GUARANTEES OR WARRANTY
OF ANY NATURE WHATEVER, INCLUDING BUT NOT LIMITED TO IMPLICIT GUARANTEES WITH
REGARD TO SALABILITY, SUITABILITY FOR A SPECIFIC PURPOSE AND/OR INFRINGEMENT;
b) THE PROVIDER DOES NOT WARRANT THAT (1) THE QUALITY OF THE PRODUCTS, SERVICES,
INFORMATION OR ANY OTHER MATERIAL PURCHASED OR ACQUIRED BY YOU VIA THE SERVICE
MEETS YOUR EXPECTATIONS, (2) THE RESULTS ACHIEVED BY USING THE SERVICE ARE
CORRECT OR RELIABLE, AND (3) ERRORS IN THE SOFTWARE WILL BE CORRECTED;
c) YOU USE THE SERVICE AT YOUR OWN RISK TO OBTAIN OR DOWNLOAD MATERIAL IN ANY
WAY WHATEVER, AND THAT YOU ALONE BEAR RESPONSIBILITY FOR ANY DAMAGE TO OR LOSS
OF INFORMATION OCCURRING AS A RESULT OF DOWNLOADING OR USING THE MATERIAL;
d) NO GUARANTEE, WARRANTY, REPRESENTATION THAT IS NOT EXPRESSLY INCLUDED IN THE
GENERAL TERMS AND CONDITIONS IS APPLICABLE TO EITHER WRITTEN OR ORAL
INFORMATION, HINTS OR ADVICE THAT YOU OBTAIN FROM THE PROVIDER OR VIA/FROM THE
SERVICE
14. LIMITATION OF LIABILITY.
YOU AGREE THAT THE PROVIDER IS NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, UNUSUAL OR CONSEQUENTIAL DAMAGE OR LOSSES INCLUDING FOR LOSS OF
BUSINESS CONTRACTS, PROFITS, GOODWILL, LOSS OF DATA HOWEVER THESE MAY ARISE OR
ARISING FROM (1) THE USE OF THE SERVICE OR THE INABILITY TO USE THE SERVICE; (2)
THE COSTS OF SUPPLYING REPLACEMENT GOODS AND SERVICES AS A CONSEQUENCE OF GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR ACQUIRED VIA OR FROM THE SERVICE, OR
AS A CONSEQUENCE OF REPORTS RECEIVED OR TRANSACTIONS EFFECTED; (3) UNAUTHORIZED
ACCESS TO OR ALTERATIONS OF YOUR MESSAGES OR INFORMATION; (4) STATEMENTS OR
CONDUCT OF THIRD PARTIES ON THE SERVICE, OR (5) ANY AND ALL OTHER MATTERS IN
CONNECTION WITH THE SERVICE. YOU SHALL NOT USE THE SERVICE IN ANY CASE WHERE
DAMAGE OR INJURY TO PERSON, PROPERTY OR BUSINESS MAY OCCUR IF ANY ERROR OCCURS.
YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
15. TRADEMARK.
You agree that without prior permission from the Provider, you will not use or
display in any manner whatever the trade names, trademarks, word trademarks,
pictorial trademarks or logos used in connection with the Service.
16. GENERAL INFORMATION.
These General Terms and Conditions take the place of all previous agreements
between you and the Provider. If you use any additional service, material or
software from third parties, additional General Terms and Conditions may be
applicable to you. European law is applicable to the relationship between you
and the Provider, regardless of any provisions of applicable international law.
Disputes will be submitted to your national competent court. Any failure by the
Provider to exercise or invoke certain rights or stipulations laid down in the
General Terms and Conditions in no way constitutes a waiver or renunciation of
those rights or stipulations. If a court of competent jurisdiction is of the
opinion that any stipulation in the General Terms and Conditions is not
applicable, the parties nevertheless agree that the court must attempt to
satisfy the wishes of the parties reflected by that stipulation, while the other
stipulations of the General Terms and Conditions remain unimpaired.
17. PRIVACY POLICY.
The Provider currently supplies you as a user access to an extensive collection
of on-line and mobile entertainment and information via on-line and SMS, GPRS
and 3G services , hereinafter to be referred to as the Service. Unless expressly
stipulated otherwise, the General Terms and Conditions and Privacy Policy are
applicable to all new facilities constituting any expansion to or improvement of
the Service, including the release of new functions by the Provider. The
Provider respects your privacy in your use of our Services. We see to it that
your personal information is always handled with care. We obviously observe the
legal requirements imposed by the English Data Protection Act and, in the near
future, the new Personal Data Protection Act. Your information is included in
the Provider's Users' Records. At the time of registration we enter your
essential information in the Provider's Personal Registration System. This is
the information you are required to supply in order to have access to the use of
the Services and to receive prizes, and includes your given name, family name,
sex, age and telephone number (mobile). Your personal information will not be
disclosed or passed on to others unless if it is expressly set out in this
General Terms and Condition and Privacy Policy unless you yourself request us to
do so in any specific case.
18. OPT-IN.
The Provider will start the subscription service once the user has given
permission to do so. You gives the Provider permission if you text in the
keyword of the service to the short number of the Provider, for example by
texting the word ON LOVE to number 36399. You will then receive a confirmation
message confirming your subscription status and the service starts. In the case
of a ringtone service you may be asked to text the type of phone you are using,
before the service starts. If you fails to do so, you will be placed in the
Nokia user group. Contact information will be provided you, so that you may stop
the service at any time.
19. OPT-OUT.
The Provider gives you the possibility of interrupting the flow of information
received via SMS. We offer you this facility on the webpage where the Service
is. Generally, information received via SMS can be interrupted by sending an SMS
message starting with the keyword, i.e. your entry code, followed by a space and
then the word STOP. You can send this message to the abbreviated number you used
for entry. For example, to stop the LOVE service, send a message with the text
LOVE STOP to number 36399.
20. SECURITY AND PROTECTION.
The infrastructure and programmes are constructed and protected in such a way
that it can be reasonably assumed that unauthorized persons cannot gain access
to any information about users. Please refer to our General Terms and Conditions
regarding liability of the Provider.
Acceptance of this policy means the Provider:
- may use the information or a combination of it to execute the agreement
between you and Provider, and to allow you the best possible use of the
Provider's website;
- may re-use the information communicated by you on the site or via SMS;
- can inform you about offers, discounts, new developments and additional
services offered by the Provider;
- may process the information in connection with the formation or maintenance of
a direct relationship between the Provider and/or enterprises selected by it and
you for the purpose of recruitment for commercial or charity. The Provider may
anonymize that information and use it or offer it to third parties in anonymous
form.
Your acceptance of this policy
By using the Service of the Provider you agree with this Privacy Policy and the
General Terms and Conditions. If you disagree with this, do not make use of our
Service. We reserve the right at any moment to change, modify, extend or limit
this Privacy Policy and the General Terms and Conditions. We therefore advise
you to read these pages regularly.
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