END USER TERMS AND CONDITIONS
M-Biz Global Solutions GmbH
Registered in Switzerland with company registration number CH-100.4.795.618-5 whose registered office is at D4 Platz 3, 6039 Root Längenbold, Lucerne, Switzerland.
INTRODUCTION
These terms and conditions (the "End User Terms and Conditions") govern the provision of our Service, (as defined below) by M-Biz Global Solutions GmbH ("M-Biz" or "us" or "we" or "our", as the context may be) to our Customers ("Customer" or "you", which includes anyone acting on your behalf or with your authorisation).
Nothing in the Agreement will affect the terms and conditions of your mobile operator, including any terms and conditions for a pre-pay service which will separately apply to you. Likewise, any terms and conditions of the manufacturer of your Mobile Handset and of the developers of the Mobile Games, will also separately apply to you.
Definitions and Interpretation
In these terms and conditions, the following terms shall have their respective meanings (unless the context requires otherwise):
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"Additional Features" |
means paid-for additional features available for Mobile Games; |
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“Affiliate” |
in relation to M-Biz Global Solutions GmbH any company which is a Subsidiary or a Holding company or which is a subsidiary of any such holding company from time to time (where “Subsidiary” and “Holding Company” have the meanings given in section 1159 and Schedule 6 of the Companies Act 2006); |
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"Agreement" |
means your Order, our Privacy Policy and these End User Terms and Conditions including its schedules; |
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"Confirmation SMS" |
means a confirmation premium rate text message with the Unlocking Code to the Mobile Handset from which the Order was placed; |
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"Demo Game" |
means the trial version of a Mobile Game; |
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"Freemium Basis" |
means the basis by which users are permitted to play a free basic version of a Mobile Games (either already pre-installed or downloaded onto a Mobile Handset) and then purchase a licence to use Additional Features; |
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"Freemium Game" |
means a Mobile Game distributed on a Freemium Basis; |
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"Full Version Game" |
means the full version of a Mobile Game; |
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"Intellectual Property Rights" |
means all patents, copyrights, design rights, trademarks, trade names, service marks, inventions, trade secrets, know-how, database rights, computer code or scripts (whether compiled or not in any computer language or program), rights in get-up, all rights in computer software or data, utility models, and all other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world; |
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"Licence Fee" |
means the licence fee payable for your purchase of a licence to use the Full Version Game or to buy Additional Features: |
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"M-Biz Try and Buy Solution" |
means the M-Biz solution that enables Mobile Games to be offered on a Try and Buy Basis; |
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"M-Biz Try and Buy Download Solution" |
means the M-Biz solution that enables Mobile Games to be downloaded onto a Mobile Handset on a Try and Buy Basis; |
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"Mobidapt Freemium Solution" |
means the M-Biz solution that enables Mobiles Games to be distributed on Freemium Basis; |
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"Mobile Game" |
means a game or application playable on a Mobile Handset (which for the avoidance of doubt includes, but is not limited to, any Additional Features); |
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"Mobile Handset" |
means a mobile device, including mobile phones, tablets and other similar devices; |
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"Order" |
means the order you submit to us containing an order form for the purchase of a licence as specified in the order form; |
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"Privacy Policy" |
means the privacy policy of M-Biz Global Company Limited as amended and as published on our wap site or website; |
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"Service" |
means the distribution of Mobile Games and Unlocking Codes to you; |
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"Try and Buy Basis" |
means the basis by which users are permitted to try out Demo Games (either already pre-installed or downloaded onto a Mobile Handset) and then purchase a licence to use the Full Version Game by way of an Unlocking Code provided to users by M-Biz; and |
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"Unlocking Code" |
means the 6 digits code which unlocks a Full Version Game or unlocks Additional Feature(s). |
In the event of any conflict or inconsistency between your Order and these End User Terms and Conditions, your Order shall prevail;
Nothing in these End User Terms and Conditions will affect the terms and conditions of your mobile operator, including any terms and conditions for a pre-pay service which will separately apply to you. Likewise, any terms and conditions of the provider of the payment system you decide to use, the manufacturer of your Mobile Handset and of the publisher of the Mobile Game, will also separately apply to you.
When this Agreement Begins
This Agreement shall commence and have effect from the earlier of: (1) when you download the Mobile Game onto your Mobile Handset; (2) the first time you open a Demo Game or a Fremium Game (if the Mobile Game is already pre-installed on your Mobile Handset); or (3) when you pay a Licence Fee.
M-Biz is the provider of the Services which enable you to unlock a Mobile Game or unlock any Additional Features.
By submitting your Order, you are placing an order for the purchase of a licence as specified in the order form. You acknowledge that:
where the Licence Fee is charged to a mobile phone bill, and you place the Order in the UK (or in any other jurisdiction where the charge to the mobile phone bill occurs when we send you a Confirmation SMS), then you complete your purchase when we send such Confirmation SMS;
where the Licence Fee is charged to a mobile phone bill, and you place the Order in Germany, Belgium or any other jurisdiction where the charge to the mobile phone bill occurs when you place the Order, then you complete your purchase when you place the Order;
where the Licence Fee is charged to a pre-paid card, a debit or a credit card, you complete your purchase when we send you the Unlocking Code; or
where we allow that the Licence Fee is charged to a PayPal account (or a similar payment system) you complete your purchase when we send you the Unlocking Code.
We typically send you a confirmation within 5 minutes of your submission of the Order, Such confirmation will contain the Unlocking Code and may be sent via SMS, Email, or via other means. Depending on your Mobile Handset, the Unlocking Code will automatically unlock the Mobile Game or otherwise you will be asked to input the Unlocking Code manually. If your Mobile Game is not automatically unlocked or you do not receive a confirmation with the Unlocking Code, within 5 minutes then please query this with our Customer service department via: www.mbiz-support.com.
Charges and Payment
The Licence Fee will be charged:
to your mobile phone bill or pre-paid SIM card, where an Order is made via SMS over a Mobile Handset;
to your pre-paid, debit or credit card, where the application is made via a wap site or a website and you chose to make the payment by card; or
to your PayPal account (or to a similar payment system) where the application is made via a wap site or a website and we allow you (and you chose) to make the payment by PayPal (or by a similar payment system).
Where you place the Order using a Mobile Handset in the UK or in another jurisdiction where the charge to the mobile phone bill occurs when we send the Confirmation SMS, your Order is submitted by way of a standard text message (SMS). You will therefore be also charged for the cost of a single SMS message at your standard mobile operator's rate (depending on the specific terms of your mobile service) on top of the premium rate charge connected to the Confirmation SMS.
The Mobile Games, and parts of them, may require or include downloadable software and this software may update (upgrade) automatically on your Mobile Handset once a new version or feature is available. It is your responsibility to turn off the automatic update settings of your Handset if you wish to allow manual updates only. You will be solely responsible for any mobile operator charges connected to this updates (upgrades), including, but not limited to, any roaming charges (e.g. data charges) you may incur when you are abroad. Please be aware that internet charges could be high if you use any data or access a wap site or website (particularly while roaming). You will be informed clearly in the order form about the licence you are purchasing and Licence Fees, before you place your Order. In the event that, we update the price of a Mobile Game or any Additional Features, we will either notify you about the updated price before you confirm your Order or otherwise you will be entitled to a refund for the difference between the old price and the updated price (in the event that the updated price is higher.
All prices are expressed inclusive of any VAT (or similar taxes) payable unless otherwise stated.
Grant and Scope of Licence
In consideration of you agreeing to comply with the terms of this Agreement, and subject to your acceptance of any applicable terms and conditions of the publishers of the Mobile Game, M-Biz hereby grants to you a non-exclusive, non-transferable sub-licence to use the Service to access the Demo Game solely for your private and personal use under the terms of this Agreement.
In consideration of payment by you of the Licence Fee and you agreeing to abide by the terms of this Agreement, and subject to your acceptance of any applicable terms and conditions of the publishers of the Mobile Game, M-Biz hereby grants to you a limited, non-exclusive, non-transferable sub-licence to use the Service to unlock and access the Full Version Game or Additional Feature(s) solely for your private and personal use with the Unlocking Code provided to you by M-Biz which is restricted only to use on the Mobile Handset on which the Mobile Game was pre-installed or downloaded.
In consideration of you agreeing to comply with the terms of this Agreement, and subject to your acceptance of any applicable terms and conditions of the publishers of the Mobile Game, M-Biz hereby grants to you a non-exclusive, non-transferable sub-licence to use the Freemium Game(s) solely for your private and personal use under the terms of this Agreement.
Mobile Games (which for the avoidance of doubt includes any Additional Features) must not be transferred to any other devices.
The terms of the licence(s) granted to you by M-Biz will govern any updates that replace and/or supplement the Service, unless such upgrade comes along with a separate licence.
This licence does not transfer to you any promotional use rights in the Service or in any Mobile Games (i.e. Demo Games, Fremium Games or Full Version Games) or any rights to burn the Mobile Games in a CD or to download or store a Mobile Game into in any storage device (except for a one off right to download the Mobile Game onto your Mobile Handset if the Mobile Game is not pre-installed in your Mobile Handset and a right to make one copy of the Mobile Game for back-up purposes only. For the avoidance of doubt, all copies of the Mobile Games remain the property of M-Biz, its Affiliates or its licensors.
Please note that any content saved on your Mobile Handset may be lost if you replace or lose your Mobile Handset. If this Agreement is terminated, you may also lose any content or information which is stored on a dedicated M-Biz server (e.g. you purchase details for a licence).
Restrictions for the use of the Services
This Service is available for individuals aged 16 years or older. If you are 16 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
The Service will be available to you in the country where you bought your Mobile Handset and Mobile Game. Notwithstanding the above, you may be able to download or access Mobile Games with your Mobile Handset in some foreign countries. This will be dependent on the availability of our Services (and the Mobile Games) in these countries. You are solely responsible for, and you should check any additional charges (including roaming), which you could incur for such downloads or access as described in Clauses 4.3 and 4.4.
Differences in Mobile Handset features mean that not all Mobile Handsets may be compatible with all Mobile Games. You are advised to check your particular Mobile Handset’s compatibility before downloading or accessing the Mobile Games.
Your Warranties, Undertakings and Condition of Use
You warrant that:
you are 18 years of age or older or have parental consent;
where the Order is submitted using a Mobile Handset, you are either the bill payer for the Mobile Handset via which the Order is placed or you have the bill payer's permission to use the Mobile Handset to place the Order;
where you pay by pre-paid, debit or credit card, you are the cardholder or you have the permission of the cardholder to place the Order;
where you pay by PayPal (or similar payment means), you are the owner of the PayPal account from which the payment is made;
you will use the Mobile Games for your personal use only and in accordance with the terms of this Agreement and the terms and conditions of the publishers of the Mobile Games and not in the course or furtherance of any business activity (and you will therefore not require M-Biz to issue a VAT invoice to you); and
before placing an Order, you have made sure that you have not already placed an Order with regards to the same Mobile Game or Additional Feature and you acknowledge and agree that we shall not be liable for any duplicate charges caused by ordering the same Unlocking Code several times by you.
You acknowledge and agree that:
the Licence Fee (and any other mobile operator's charges), where your Order is placed by SMS over a Mobile Handset, will be charged automatically to the mobile phone bill;
the Licence Fee, where you decide to pay by pre-paid, debit or credit card, will be charged automatically to your prepaid, debit or credit card;
the Licence Fee, where you decide to pay by PayPal (or similar payment means), will be charged automatically to your PayPal account;
We are not liable for any duplicate charges which you may incur as a result of any event beyond our reasonable control;
delivery of the Unlocking Code via SMS or via email (or via any other electronic means) can, for instance, be delayed sometimes, depending on your internet service provider or network operator's circumstances and we shall not be responsible for any such delay which is out of our control;
delivery of the Unlocking Code will take place after your payment is authorised. You acknowledge that your Order can be rejected for some reason and we shall not be responsible for such failure of your Order;
We shall not be responsible for any failure to deliver the Unlocking Code to you because of, without limitation, an internet service provider or a network’s failure, if your Mobile Handset is not switched on or if your message mail box is full or has any other problem;
We are in no way responsible for providing, configuring or maintaining any equipment, device or software that you may need to access the Service or use the Mobile Game (for example, a Mobile Handset, a sim card, etc);
We shall not be responsible for any failure to download the Mobile Game to your Mobile Handset from third party sites; and
you shall only use the Mobile Games strictly in accordance with this Agreement.
Except as expressly set out in these Agreement (or otherwise permitted by law) you undertake:
not to copy, distribute, modify, reformat, display, license, sub-licence, transmit, sell, loan, translate, perform, publish, transfer, or otherwise make available, the Mobile Games or the Unlocking Code, nor attempt to do any such thing; and
not to disassemble, decompile, adapt, vary, modify, merge, make alterations to, reverse engineer or create derivative works based on, the whole or any part of the Mobile Game or the whole or any part of the Services, nor attempt to do any such thing (except, and strictly, to the extent expressly permitted by applicable law or as set out in this Agreement).
not to circumvent or bypass the Service in any way or use cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Service or any other services offered by M-Biz under the Agreement.
You will indemnify M-Biz against all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred as a result of any claim resulting from your breach of any of the terms of this Agreement. M-Biz will notify you of any claim received, and you hereby provide M-Biz with full authority to defend compromise or settle such claims and you will provide M-Biz with all reasonable assistance necessary to defend such claims, at your sole expense.
Mobile Game Specifications and Quality
The Mobile Games, which are obtained from a large number of licensors, are supplied to your on "as is" basis and M-Biz does not warrant that the Mobile Games are of satisfactory quality, fit for a particular purpose, suitable, reliable, accurate, complete, secure free from defects, bugs or errors. For the avoidance of doubt, and to the maximum extent permitted by applicable law, M-Biz will not be liable for any technical defects or faults with the Mobile Games.
You acknowledge that the Mobile Game has not been developed to meet your individual requirements.
We shall provide the Service with reasonable skill and care. If you do experience a problem or suspect a fault (e.g. delays in transmission of the Confirmation SMS, or if for any reason you cannot activate the Mobile Game) you should first contact our technical support department via support@mbizglobal.co.uk.
Intellectual Property Rights
You acknowledge and agree that title, ownership rights and all Intellectual Property Rights in the Service and in the Mobile Games anywhere in the world is and remains owned or licensed to M-Biz, its Affiliates or its licensors, that rights in the Mobile Game are licensed (not sold) to you, and that you have no rights in, or to, the Service or the Mobile Games other than the right to use the Service and the Mobile Games in accordance with this Agreement.
You acknowledge and agree that the Service include a security framework using technology that protects digital information and limits your use of Mobile Games. You shall use Mobile Games in strictly in compliance this Agreement. You acknowledge that any other use of the Mobile Games may constitute a copyright infringement. You must not attempt in any way to remove or circumvent any such security technology (or similar technology included in the Mobile Games), nor to apply, manufacture for sale, hire, import, distribute, sell, nor let, offer, advertise or expose for sale or hire, nor have in your possession for private or commercial purposes, any means whose sole intended purpose is to facilitate the unauthorised removal or circumvention of such security technology. Any security technology is an inseparable part of the Mobile Games.
