GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

These Terms and Conditions are applicable to all Services rendered and Products supplied by or on behalf of Zoo Mobile or enterprises affiliated to it (“Provider”).

The Provider reserves the right and at its own discretion to amend these General Terms and Conditions at any time. Apart from these Terms and Conditions, any applicable and publicized rules, promotional conditions, guidelines and provisions pertaining to the Services and Products may apply to you upon use of certain Services of the Operator. All those guidelines, rules, promotional conditions and provisions will be considered to form an inextricable part of these General Terms and Conditions. By availing yourself of the Services of the Provider or making use of the Services of the Provider, you (“User” or “Subscriber”) agree to these General Terms and Conditions and other applicable provisions.



DESCRIPTION OF SERVICES



By means of sending and receiving text messages (“SMS”), you can participate in the various subscription Services offered by the Provider via the network of any mobile communication provider (“Operator”) which may include games, text messages, sound and/or image files and/or similar services that are supplied via the Operator’s network by means of SMS, GPRS, 3G, WAP or other means.



Contest Quiz



By playing the Contest Quiz, the User can win Prizes. To enter the Contest Quiz by text message, send an SMS message with the designated keyword to the dedicated code. Thereafter, the User will receive a confirmation message as acknowledgement of the successful registration for the service. Participation in the Contest Quiz involves both game play quiz and subscription service during the Contest Period. For the game play quiz, the User will receive an SMS with a puzzle/question that needs to be solved. The User may score points by answering the puzzle/question correctly. The service system may continuously send additional questions each time the User answer the previous questions. In the event no question is answered by you, no additional question will be sent to you on the same day.



At the end of the promotion, the winner who must be an active User will be drawn from the User with the highest score or most correct answers. The results are final and no correspondence will be entertained. If a selected winner cannot be contacted by telephone or fails to return the required contact information within the specified time, he/she will forfeit their prize and an alternate winner will be selected.



All won prizes are to be collected by the respective winners or if prizes are to be delivered to the winner, the winner shall bear all responsibility and charges for the delivery. No rights can be derived from the values, mentioned by the Provider in connection with the prizes. Prizes as well as the terms for delivery can be subject to changes. Any taxes, if applicable, will be borne by the winner of the Prize.

The subscriber will continue to be a registered subscriber even after the terms of the promotion that had been subscribed to until the User quits from the Service.



Minimum age



In order to make use of the Services, such as playing a Contest Quiz, you must be at least 18 years of age otherwise you must seek parental or guardian approval before doing so.



Own risk and compliance



The use of the Services is at your own risk. You shall comply with all national laws and regulations. Furthermore you shall comply with the instructions, given by the Provider or the Operator.



Termination of Services



Termination of the Services may take place solely once the subscriber has received a confirmation message of the termination by SMS following a request to stop the provision of the Services which can be made either by sending a cancelling message or an email in which you request for cancellation or by calling the helpline.



Costs



For the Services, the User will find the costs for the offered subscriptions mentioned in the Advertisements (landing pages or banners by the Provider) for the specific Services. Before the subscription starts, the subscriber will receive a free confirmation message with a short description on the service in respect of the costs for each message and instructions on how to cancel the subscription service.


Liability



By making use of the Services with your mobile phone, you are liable for the costs due, even if it is not you who made use of your mobile phone.



The Provider is not liable for any indirect or consequential loss (including any loss of profits, revenue, anticipated savings, goodwill, data, contracts or any loss or damage suffered as a result of any claims brought by a third party) which may arise out or in connection with the use of the Services. Further, the Provider is not liable for any typing, printing or transmission errors. If at any time the Subscriber is unable to make uninterrupted use of the Services, this shall in no way lead to any right to a reduction of the charges of the Services or to any right to restitution of payments previously paid.



Any subscription or download of the Services are at the Subscriber’s own discretion and risk and that under no circumstances shall the Provider be held liable for damages of any kind, including but not limited to infections or contamination or loss of data or damages of the Subscriber’s hardware and/or software resulting from access to the website or sue of the Services. It is the responsibility of the Subscribers to take the necessary measures to avoid potential damage of this nature.

Indemnity



You agree to indemnify and hold the Provider, its contracting partners, licensors, licensees and employees, harmless from any loss, liability, claim or demand, including attorney fees, initiated or made by third parties in connection with the Services.



Disclaimer



The Provider does not accept liability for any losses arising directly or indirectly from a failure to provide the Services, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Services. 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 Services meet your expectations (2) results achieved by using the Services are correct or reliable and (3) errors in the software in connection with the Services will be corrected.



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 Services.



Change and Termination of the Services



The Provider can, at its sole discretion, decide to change the content of the Services. Further, the Provider may terminate the provision of the Services in the event the Provider is of the opinion that you do not act in accordance with the Terms and Conditions, applicable laws and regulations or in the event the Provider is of the opinion that you act in such manner that the Provider might suffer damage. From time to time, the Provider may suspend the Services for (amongst others) maintenance and upgrades, In the event of (the threat of) abuse and failures, the Provider may, at its own discretion, suspend or cancel the Services.


Intellectual Property Rights



You acknowledge the Intellectual Property Rights of the Provider, its contracting partners and licensors and you shall not use, without the prior written consents, (parts of) these Intellectual Property Rights.


Privacy Policy



The Provider attaches great importance to the privacy of its user. To ensure this, we have created a policy that is inextricably linked to the General Terms and Conditions. You acknowledge that the Provider collects and processed the registration information and all contact information on your use of the Service. Acceptance of this policy means the Provider may use the information or a combination of it to amongst others inform you of news, information about our activities, new developments and additional services and general promotional material. By using the Services of the Provider, you agree with this Private Policy and the General Terms and Conditions.