These terms and conditions govern the provision of the M-Biz Try & Buy solution (the "Service", as defined below) provided by M-Biz Global Company Limited ("M-Biz" or "us" or "we" or "our", and/or our agent(s), as the context may be) to our customers ("customer" or "you", which includes anyone acting on your behalf or with your authorisation).

M-Biz Global Company Limited.

Registered in England and Wales (No. 05593794, VAT No. 865 0322 36)

Suite 10, Millennium House, 21 Eden Street Kingston Upon THames, Surrey, KT1 1BL, United Kingdom

1. Definitions and Interpretation

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

"Agreement" means your order, our privacy policy and these terms and conditions. In the case of any contradiction between your order and these terms and conditions, the terms of these terms and conditions shall prevail;

"Demo Game" means the trial version of a mobile game pre-installed on a mobile handset;

"Full Version Game" means the full version of a mobile game pre-installed on a mobile handset;

"Mobile Game" means the Demo Game and its Full Version Game collectively;

"Intellectual Property Rights" means all patents, copyrights, design rights, trade marks, 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 the use of the Full Version Game as displayed on your mobile handse when you place your order;

"Order" means your purchase order for the Unlocking Code of a Full Version Game, which you (or any other person acting on your behalf or with your authorisation) place using your mobile handset or via the website www. tnb-game. com

"Service" means the M-Biz Try & Buy solution which allows users to buy a licence to use a Full Version Game by way of an unlocking code provided to users by M-Biz; and

"Privacy Policy" means the privacy policy of M-Biz Global Company Limited as published on our website www.mbiz-support.com.

"Unlocking Code" means the 6 digits code which unlocks a Demo Game so that you can play the Full Version Game pre-installed on your mobile handset.

 

2. When this Agreement Begins

2.1  By submitting your Order you are placing an order for the purchase of a licence to use the Full Version Game.

2.2 This Agreement begins when we confirm our acceptance of your Order. The timing when our acceptance is deemed to take place depends on the jurisdiction in which the Order is placed and the method of your Licence Fee payment:

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 a confirmation premium rate text message with the Unlocking Code to the mobile handset from which the Order was placed ("Confirmation SMS") then this Agreement begins when we send the 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 Licence Fee charge to the mobile phone bill occurs when you place the Order then this Agreement begins when you place the Order;  

c) where the Licence Fee is charged to a debit or credit card, this agreement begins when we send you the unlocking code via email  

2.3  Once this Agreement begins you will be liable for payment of the Licence Fee and for all the other terms and obligations set out in the Agreement.

2.4  We typically send you the Confirmation SMS, which contains the Unlocking Code, within 5 minutes of your submission of the Order. If you do not receive the Confirmation SMS within 5 minutes please query this with our customer service department via: www.mbiz-support.com .

 

3 Charges and Payment

3.1 The Licence Fee will be charged:  

a)  to your mobile phone bill or pre-paid card, where an Order is made over a mobile handset; or  

b)  to your debit or credit card, where the application is made via the website www.tnb-game.com

3.2 For the avoidance of doubt, the terms and conditions of your mobile operator, including any terms and conditions for a pre-pay service, shall separately apply.

For example, where you place the Order using a mobile handset in the UK or in an other 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 charged for the cost of a single SMS message at your standard operator's rate (depending on the specific terms of your mobile service), in addition to the Licence Fee.

 

4. Grant and Scope of Licence

4.1 In consideration of payment by you of the agreed Licence Fee and you agreeing to abide by the terms of this Agreement, M-Biz hereby grants to you a non-exclusive, non-transferable licence to use the Full Version Game on the terms of this Agreement.

4.2 This licence allows you to unlock the Full Version Game with the Unlocking Code provided to you by M-Biz, for your private use, which is restricted only to the use on the mobile handset on which the Mobile Game was pre-installed.

 

5. Your Warranties, Undertakings and Condition of Use

5.1 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) you are purchasing the licence for the Mobile Game for personal use only 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

d) you have made sure that you have not already placed an Order with regards to the specific Mobile Game and you acknowledge that we shall not be liable for any duplicate charges caused by ordering the same Unlocking Code several times by you.

5.2 You acknowledge that:

a) the Licence Fee (and any other mobile operator's charges as set out in paragraph 3 above), where your order is placed via a mobile handset, will be charged automatically to the mobile phone bill, upon our acceptance of your Order;

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

c) delivery of the Unlocking Code via SMS can be delayed sometimes, depending on your network operator's circumstances and we shall not be responsible for any such delay which is out of our control or out of the control of any third party;

d) delivery of the Unlocking Code will take place when your payment is authorised by your network operator. You acknowledge that your Order can be rejected by your network operator for some reason and we shall not be responsible for such failure of your Order;

e) we shall not be responsible for any failure to deliver the Unlocking Code to you if your mobile phone is not switched on or your message mail box is full;

f) 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 phone, a sim card, etc); and

g) you shall only use the Mobile Game in accordance with this Agreement.

5.3  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 Game or 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, nor attempt to do any such thing.  

5.4  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 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.

 

6. Mobile Game Specifications and Quality

6.1  M-Biz does not warrant that the Mobile Game will be 100% free from defects, bugs or errors. For the avoidance of doubt, and to the extent permitted by applicable law, M-Biz will not be liable for any technical defects or faults with the Mobile Game.

6.2  You acknowledge that the Mobile Games has not been developed to meet your individual requirements.

6.3  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 Conformation 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 .

 

7. Intellectual Property Rights

7.1  You acknowledge that all Intellectual Property Rights in the Mobile Game anywhere in the world is and remains owned or licensed to M-Biz, that rights in the Mobile Game are licensed (not sold) to you, and that you have no rights in, or to, the Mobile Game other than the right to use the Mobile Game in accordance with this Agreement.

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

 

8. M-Biz 's Liabilities  

8.1 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.

8.2 Subject to condition 8.1 M-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

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.

8.3 Each of the sub-paragraphs 8.2(a) to 8.2(j) shall be deemed to be independent of the others.

8.4 Subject to condition 8.1 and condition 8.2 , 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 the sum of the Licence Fee.

8.5 This Agreement sets out the full extent of M-Biz's obligations and liabilities in respect of the Mobile Game 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 the M-Biz except as specifically stated in this Licence. 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 law.

 

9. Your Right to Cancel the Agreement

9.1 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.

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

 

10. Customer Complaints and Refunds Policy

10.1  We take customer complaints very 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 th e 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.

10.2 This Refund Policy is introduced in order for us to be able to effectively consider claims for refunds and their payment where justified.

10.3 Our policy is to consider all claims for refunds on a case by case basis and to refund customers where we are of the opinion that the claim for refund is reasonable and valid.

10.4 In order to consider whether your claim for refund is reasonable and valid, we may ask you to provide all or some of the following (at our sole discretion, on a case by case basis):

•  a full account of the reason for the claim in writing (Please use our Refund Request Form);

•  evidence of the charge with regards to which your claim for a refund is made. For example, a copy of your relevant mobile telephone bill with the itemised charge (for the Mobile Game purchased) appearing on the bill. Where you do not receive an itemised telephone bill (e.g. if you use a prepaid card) we may ask you to provide any other form of call records or relevant confirmation that may be available, for example, via your mobile network operator;

•  a relevant proof of identity which shows that you are the person who incurred the charge.

•  a relevant proof which shows that you have not used the Unlocking Code.

10.5 Your claim for refund is only valid within sixty (60) days of your purchase and we aim to process all refund requests within thirty (30) days of us receiving the information we may require under paragraph 10.4 above.

 

11. Privacy Policy

Your privacy is very important to us and we are committed to protecting and respecting your privacy. In order to ensure this, we operate the Privacy Policy set out in the Schedule to this Agreement (which is incorporated into and forms part of this Agreement).

12. Changes to this Agreement

We may vary the terms and conditions of this Agreement at any time by posting the changes on our website. You agree that, if you decide to use the Service, after any amendments to the terms and conditions of this Agreement have been posted on our website, you will be bound by the terms and conditions of this Agreement as varied. Your submission of an Order from your mobile handset a fter such change to the Agreement took place will be taken as your acceptance to such changes.

 

13. Termination

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

•  you do not pay any charges on time or you commit a material or persistent breach of this Agreement ;

•  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;

•  we have good reason for believing that any information you have given us is false or misleading; or

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

13.2  Upon termination of this Agreement for any reason:

•  all rights granted to you under this Agreement shall cease;

•  you must cease all activities authorised by this Agreement;

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

•  you must immediately delete or remove the Game from the mobile handset on which is installed.

 

14. Transfer of rights and obligations

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

14.2  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.

14.3  We may transfer, 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.

 

15.  Notices

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 SMS messaging to any address, e-mail address or phone number you have given us to correspond with you, or by posting it on our website.

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: support@mbizglobal.co.uk

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.

 

16.  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.

 

17.  Waiver

17.1  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.

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

17.3  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.

 

18.  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 severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

19.  Entire agreement

19.1  This Agreement and any document expressly referred to in it represents the entire agreement between us in relation to the licensing of the Mobile Game for your use and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.

19.2  We each acknowledge that, in entering into this Agreement, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into this Agreement except as expressly stated in this Agreement.

19.3  Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into this Agreement (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in this Agreement.

 

20. Law and jurisdiction

This Agreement is governed by English law. Any dispute arising from, or related to, any term of this Agreement shall be subject to the non-exclusive jurisdiction of the courts of England and Wales .