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.

 

1            Definitions and Interpretation

In these terms and conditions, the following terms shall have their respective meanings (unless the context requires otherwise):

"Additional Features"

means paid-for additional features available for Mobile Games;

“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);

"Agreement"

means your Order, our Privacy Policy and these End User Terms and Conditions including its schedules;

"Confirmation SMS"

means a confirmation premium rate text message with the Unlocking Code to the Mobile Handset from which the Order was placed;

"Demo Game"

means the trial version of a Mobile Game;

"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;

"Freemium Game"

means a Mobile Game distributed on a Freemium Basis;

"Full Version Game"

means the full version of a Mobile Game;

"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;

"Licence Fee"

means the licence fee payable for your purchase of a licence to use the Full Version Game or to buy Additional Features:

"M-Biz Try and Buy Solution"

means the M-Biz solution that enables Mobile Games to be offered on a Try and Buy Basis;

"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;

"Mobidapt Freemium Solution"

means the M-Biz solution that enables Mobiles Games to be distributed on Freemium Basis;

"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);

"Mobile Handset"

means a mobile device, including mobile phones, tablets and other similar devices;

"Order"

means the order you submit to us containing an order form for the purchase of a licence as specified in the order form;

"Privacy Policy"

means the privacy policy of M-Biz Global Company Limited as amended and as published on our wap site or website;

"Service"

means the distribution of Mobile Games and Unlocking Codes to you;

"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

"Unlocking Code"

means the 6 digits code which unlocks a Full Version Game or unlocks Additional Feature(s).


1.1        In the event of any conflict or inconsistency between your Order and these End User Terms and Conditions, your Order shall prevail;


1.2        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.


2            When this Agreement Begins


2.1        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.


3            Purchase of the Mobile Game


3.1        M-Biz is the provider of the Services which enable you to unlock a Mobile Game or unlock any Additional Features.


3.2        By submitting your Order, you are placing an order for the purchase of a licence as specified in the order form. You acknowledge that:


(a)       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;


(b)       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;


(c)       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


(d)       where we allow thatthe Licence Fee is charged to a PayPal account (or a similar payment system) you complete your purchase when we send you the Unlocking Code.


3.3        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.


4            Charges and Payment


4.1        The Licence Fee will be charged:


(a)       to your mobile phone bill or pre-paid SIM card, where an Order is made via SMS over a Mobile Handset;


(b)       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


(c)       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 (andyou chose) to make the payment by PayPal (or by a similar payment system).


4.2        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.


4.3        If you are, without limitation, downloading the Mobile Game, accessing a site or a server or playing a Mobile Game online, you may also be charged your standard mobile operator’s internet rates for the time you are connected to a wapsite or website through your Mobile Handset, in addition to the Licence Fee. You will be solely responsible for any mobile operator charges (e.g. internet charges, including while roaming) or any other additional charges.


4.4        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 youwish 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.


4.5        All prices are expressed inclusive of any VAT (or similar taxes)payable unless otherwise stated.


5            Grant and Scope of Licence


5.1        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.


5.2        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.


5.3        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.


5.4        Mobile Games (which for the avoidance of doubt includes any Additional Features) must not be transferred to any other devices.


5.5        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.


5.6        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.


5.7        Please note that any content saved on your Mobile Handset may be lost if you replace or loseyour 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).


6            Restrictions for the use of the Services


6.1        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.


6.2        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.


6.3        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.


7            Your Warranties, Undertakings and Condition of Use


7.1        You warrant that:


(a)       you are 18 years of age or older or have parental consent;


(b)       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;


(c)       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;


(d)       where you pay by PayPal (or similar payment means), you are the owner of the PayPal account from which the payment is made;


(e)       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


(f)        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.


7.2        You acknowledge and agree that:


(a)       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;


(b)       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;


(c)       the Licence Fee, where you decide to pay by PayPal (or similar payment means), will be charged automatically to your PayPal account;


(d)       We are not liable for any duplicate charges which you may incur as a result of any event beyond our reasonable control;


(e)       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;


(f)        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;


(g)       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;


(h)       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);


(i)        We shall not be responsible for any failure to download the Mobile Game to your Mobile Handset from third party sites; and


(j)        you shall only use the Mobile Games strictly in accordance with this Agreement.


7.3        Except as expressly set out in these Agreement (or otherwise permitted by law) you undertake:
(a)       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


(b)       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).


(c)       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.


7.4        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.


8            Mobile Game Specifications and Quality


8.1        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.


8.2        You acknowledge that the Mobile Game has not been developed to meet your individual requirements.


8.3        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.


9            Intellectual Property Rights


9.1        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.


9.2        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.


9.3        You acknowledge and agree that the information which is used to secure the downloads of the Mobile Games is stored together with other information concerning your purchase which may be used in order to trace any copyright infringement by you. You agree that this information may be disclosed to third parties if such disclosure appears necessary for the purpose of tracing copyright infringements.


9.4        M-Biz reserves the right to modify this Agreement for future purchases on the Mobile Games at any time. However, such changes will not apply to Mobile Games that you have already purchased.


9.5        You acknowledge that you have no right to have access to the Mobile Game in source code form or in unlocked coding.


9.6        M-Biz’s Intellectual Property Rights including M-Biz logo and other M-Biz trademarks, service marks, graphics, and logos used in connection with this Agreement are trademarks or registered trademarks of M-Biz or its Affiliates. Other trademarks, service marks, graphics, and logos used in connection with this Agreement may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.


10         M-Biz 's Liabilities


10.1     The applicable laws in some jurisdictions may not allow the limitation or exclusion of liability in contracts with consumers and therefore all or part of this Clause 10, may not apply to you. For instance, if you are a consumer, the terms of this Agreement will not affect any of your statutory rights which you have, which cannot be excluded by this Agreement.


10.2     Nothing in this Agreement shall exclude or in any way limit M-Biz's liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent that it may not be excluded or limited as a matter of law.


10.3     Subject to Paragraph 10.1 and 10.2M-Biz shall not be liable under, or in connection with, this Agreement for:


(a)       loss of income;


(b)       loss of business profits or contracts;


(c)       business interruption;


(d)       loss of the use of money or anticipated savings;


(e)       loss of information;


(f)        loss of opportunity, goodwill or reputation;


(g)       loss of, damage to or corruption of data;


(h)       cost of procurement of substitute goods or services; or


(i)        any loss or damage that it not foreseeable by us;


(j)        any indirect, special or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.


10.4     Each of the Sub-paragraphs 10.3(a) to 10.3(j) shall be deemed to be independent of the others.


10.5     Subject to Paragraph 10.1 and Paragraph 10.2, M-Biz's maximum aggregate liability under or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, shall be limited to £500 for one claim or a series of related claims within a period of 12 months.


10.6     This Agreement sets out the full extent of M-Biz's obligations and liabilities in respect of the Services or otherwise in connection with this Agreement. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on M-Biz except as specifically stated in this Agreement. Any condition, warranty, representation or other term concerning this Agreement with respect to the Mobile Game (or otherwise in connection with this Agreement) which might otherwise be implied into, or incorporated in this Agreement, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by applicablelaw.


10.7     M-Biz shall not be liable to you in the event of any loss, destruction, or damage of the Mobile Game.


10.8     You acknowledge and agree that some Mobile Games may include content that you may consider offensive or otherwise objectionable. Although we will attempt to make such content clear where the publishers of the Mobile Games provide us with this information, you acknowledge and agree that we shall have no liability to you for content within the Mobile Games that may be found to be offensive or otherwise objectionable.


10.9     For the purposes of this clause10we include our Affiliates, directors, employees, sub-contractors and suppliers. You acknowledge that our directors, employees, sub-contractors and suppliers shall have the benefit of the limits and exclusions of liability set out in this clause10 in terms of the Contracts (Rights of Third Parties) Act 1999. Nothing in this Agreement shall exclude or limit liability for fraudulent misrepresentation.


10.10  M-Biz will not be liable to you in any way for failures, defects of delays in the delivery of the Mobile Games, which our cause for any of the following reasons:


(a)       You have provided incorrect information when sending your Order;


(b)       Your Handset is not able to receive the Mobile Games or the Unlocking Codes;


(c)       Where applicable, your email box is full and has no additional memory to receive further data;


(d)       Your Mobile Handset is out of range or for some reason cannot be contacted; or


(e)       You accidentally erase a Mobile Game.


10.11  You are at all times under a duty to mitigate any losses suffered by you.


10.12  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages (including losses set out in clause10.3 in such States or jurisdictions, M-Biz’s (its licensors) or its Affiliates’ liabilities shall be limited to the maximum state permitted by law. M-Biz does not endorse, warrant or guarantee any third party product or service offered through M-Biz and will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services.


11         Your Right to Cancel the Agreement


11.1     You acknowledge that you do not have the right to withdraw from the purchase of the licence once your Order has been accepted and the Unlocking Code has been sent.


11.2     If you do not want to incur the Licence Fee (and any other mobile operator's charges as set out in Paragraph 3above), you should not submit the Order.


12         Customer Complaints and Refunds Policy


12.1     We take Customer complaints seriously and we aim to resolve them quickly and efficiently. Should you have a complaint about any part of our Service, please contact our customer service Team at the following web site at: www.mbiz-support.com or support@mbizglobal.co.uk. or at the following postal address: M-BIZ SUPPORT, PO BOX 1381 , Kingston , KT1 9HY , or by Fax at +44(0)20 8439 1777 or phone at: 020 7193 3283. We will try to resolve your complaint quickly and efficiently, and to keep you informed at all times.

12.2   According to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Refund will not be offered under any circumstance once you confirm your purchase order and agree with Term 11 "Your Right to Cancel the Agreement" above.

13         Privacy Policy


13.1     Your privacy is very important to us and we are committed to protecting and respecting your privacy. In order to ensure this, we operate a Privacy Policy (which is incorporated into and forms part of this Agreement). Your information will not be disclosed to government institutions or authorities except if required by law or when requested to by regulatory bodies or law enforcement organisations.


13.2     We do not knowingly collect personal information from children under 12s. If we learn that we have collected the personal information of a child under 12 we will take steps to delete the information as soon as possible.


14         Changes to this Agreement


14.1     Due to the rapid advancement of technology, M-Biz reserves the right to modify, amend or withdraw any part of its Services or any Mobile Games available to you, without prior notice.


14.2     We may vary this Agreement at any time by posting the changes on our website. We may also vary the Licence Fees for any Mobile Games from time to time. You agree that, if you decide to use the Service, after any amendments to this Agreement or changes in the Licence Fees have been posted on our website or have been notified to you through the Order process, you will be bound by this Agreement as varied. For instance, your submission of an Order from your Mobile Handset after such change to the Agreement took place will be taken as your acceptance to such changes.


15         Termination


15.1     Each party may terminate this Agreement without cause upon giving 14 days written notice to the other.


15.2     M-Biz may terminate this Agreement immediately by written notice (including by email or text message) to you if:


(a)       you do not pay the Licence Fee(s) or any other charges due on time or you commit a material or persistent breach of this Agreement;


(b)       you breach any other term or condition of this Agreement that is not a material or persistent breach and fail to remedy that breach within ten (10) calendar days of being asked to do so;


(c)       you commit a material breach of this Agreement;


(d)       We have good reason for believing that any information you have given us is false or misleading;


(e)       We stop providing the Services; or


(f)        you are the subject of any bankruptcy/insolvency proceedings (or any similar proceedings in any jurisdiction).


15.3     Upon termination of this Agreement for any reason:


(a)       all rights and licences granted to you under this Agreement shall cease;


(b)       you must cease all activities authorised by this Agreement;


(c)       you must immediately pay M-Biz any sums due to M-Biz under this Agreement; and


(d)       you must immediately delete or remove the Mobile Game (which for the avoidance of doubt includes any Additional Features) from the Mobile Handset on which is installed.


16         Transfer of Rights and Obligations


16.1     This Agreement is binding on you and us, and on our respective successors and assigns.


16.2     You may not transfer, assign, charge or otherwise dispose of this Agreement, or any of your rights or obligations arising under it, without our prior written consent.


16.3     We may transfer, novate, assign, charge, sub-contract or otherwise dispose of this Agreement, or any of our rights or obligations arising under it, at any time during the term of the Agreement.


17         Notices


17.1     Any notice under this Agreement, whether required to be written or otherwise, may be given by us to you by post, personal service, e-mail or text message to any address, e-mail address or phone number you have given us to correspond with you, or by posting it on our website.


17.2     You must give notices to us by post or personal service or email sent to:

M-BIZ SUPPORT, PO BOX 1381, Kingston , KT1 9HY

Email: legal@mbizglobal.co.uk


17.3     Notice will be deemed received and properly served immediately when posted on our website, twenty-four (24) hours after an e-mail or a text message to a mobile phone is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail or a text message, that such e-mail or text message was sent to the specified e-mail address of the addressee or to the addressee's Mobile Handset.


18         Events outside our control

We shall not be responsible for any delay or failure to carry out our responsibilities under this Agreement for reasons beyond our reasonable control, including for example acts of God, exceptionally severe weather, industrial disputes, failure or shortage of power supplies, act of terrorism or riot, war, default or failure of a third party (including any network operator or service provider) or their telecommunications systems or government actions or regulatory decisions.


19         Waiver


19.1     If we fail, at any time during the term of this Agreement, to insist upon strict performance of any of your obligations under this Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under this Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.


19.2     A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of the terms and conditions of this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.


20         Severability

If any of the terms of this Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be interpreted in a manner consistent with applicable law to reflect, as nearly as possible the original intentions of M-Biz or if this is not possible such term, condition or provision will be severed (in a manner consistent with applicable law) from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by applicablelaw.


21         Entire agreement

This Agreement and any document expressly referred to in it represents the entire agreement between us and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.


22         Miscellaneous


22.1     Due to the rapid change in technology, M-Biz, its Affiliates and its licensors reserve the right to change, suspend, remove, withdraw or disable access to any Mobile Games, content, or other materials that are offered by the Service without notice. In no event will M-Biz be liable for making these changes to the maximum extent permitted by applicable law. M-Biz may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability. Removal of content from the Service will not affect Mobile Games that you have already purchased from the Service.


22.2     In the event that there is an unusual use of the Service (e.g. the volume or nature of downloads increases significantly or there are excessive requests for refunds) we may suspend the Service to protect you, for example to prevent a third party from running up a large premium SMS bill on your phone. Where possible, we will try to contact you before we suspend the Service.


22.3     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 Service and the Mobile Games.


23         Third Party Rights


23.1     Other than as set out in clause10.9, the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than the M-Biz, its Affiliates and you shall have any rights under it. The terms of this Agreement or any of them may be varied, amended or modified or this Agreement may be suspended, cancelled, terminated or rescinded (in each case), without the consent of any third party.


24         Law and jurisdiction


24.1     This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.


24.2     The parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims). Notwithstanding this, you agree that M-Biz shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.