These General Terms and Conditions of our Mobile Media NL (hereinafter: Mobile Media NL) have been established and come into effect on 1 June 2020.
Article 1 – Definitions
In these conditions the following terms have the following meanings:
- Additional agreement : an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Reflection period : the period within which the consumer can make use of his right of withdrawal;
- Consumer : the natural person who is not acting for purposes related to his trade, business, craft or professional activity;
- Day : calendar day;
- Digital content : data that is produced and delivered in digital form;
- Duration agreement : an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
- Durable data carrier : any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that will facilitate future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal : the consumer’s option to cancel the distance contract within the cooling-off period;
- Entrepreneur : the natural or legal person who is a member of Mobile Media NL and who offers products, (access to) digital content and / or services to consumers from a distance;
- Distance contract : an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, whereby up to and including the conclusion of the agreement exclusively or partly using one or more techniques for distance communication;
- Model withdrawal form : the European model withdrawal form included in Appendix I of these terms and conditions; Annex I does not need to be made available if the consumer does not have a right of withdrawal with regard to his order;
- Technology for distance communication : means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time.
Article 2 – Identity of the entrepreneur
Acting under the name / names: Mobile Media NL
Registered office: Rotterdam
Availability: Monday to Friday from 12:00 to 19:00.
E-mail address: Contact form
Name Official Partner: BiZZBoard
Chamber of Commerce number: 57641218
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract that is concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they are the consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions, the consumer can always rely on the applicable provision that it applies to him. most beneficial.
Article 4 – The offer
- If an offer has a limited validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
- At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: < / li>
- the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
- the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing service after purchase;
- the price, including all taxes on the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
- if the consumer has a right of withdrawal, the model withdrawal form.
- In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
- Unfortunately, the consumer cannot dissolve an agreement regarding the purchase of a product. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s). The costs for a return shipment are paid by the consumer.
- The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
- – If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
- – If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part. – In the case of agreements for regular delivery of products during a specific period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that is not supplied on a tangible medium:
– The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium within 30 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).
– The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that is not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:
– If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
– If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 30 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the reflection period
- During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
- The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
- The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
- As soon as possible, but within 7 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the reflection period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
- If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or specific quantity commence during the reflection period, the consumer the entrepreneur owes an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to full compliance with the obligation.
- The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in the event of withdrawal or the model withdrawal form, or;
- the consumer has not explicitly requested the start of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
- The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if: – prior to delivery, he has not explicitly agreed to commence compliance with the agreement before the the reflection period;
– he has not acknowledged that he has lost his right of withdrawal when giving his consent; or
– the entrepreneur has failed to confirm this consumer statement.
- If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
- The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 30 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
- The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
Article 10 – Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
- Products or services whose price is dependent on fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period
- Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and / or services;
- Service contracts, after full performance of the service, but only if:
– the performance has begun with the express prior consent of the consumer; and
– the consumer has stated that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
- Package travel as referred to in Article 7: 500 BW and passenger transport agreements;
- Service agreements for the provision of accommodation, if a specific date or period of execution is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;
- Agreements with regard to leisure activities, if a specific date or period of execution is provided for in the agreement;
- Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- Products that by their nature are irrevocably mixed with other products after delivery;
- Alcoholic drinks of which the price was agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence; </ li >
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- Newspapers, magazines or magazines, with the exception of subscriptions to these;
- The delivery of digital content other than on a tangible medium, but only if:
- the performance has started with the explicit prior consent of the consumer; and
- the consumer has declared that he will lose his right of withdrawal.
Article 11 – The price
- During the validity period stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
– they are the result of statutory regulations or provisions; or
– the consumer has the authority to cancel the contract on the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
Article 12 – Fulfillment of the agreement and extra guarantee
- The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the existing on the date of the conclusion of the agreement. legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the the agreement.
- An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part. of the agreement.
Article 13 – Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer makes known to the entrepreneur.
- With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
- The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 – Payment
- Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid immediately after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
- When prepayment has been stipulated, the consumer cannot assert any rights whatsoever with regard to the execution of the order or service (s) before the stipulated prepayment has been made.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- If the consumer does not meet his payment obligation (s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 7 days to still fulfill his payment obligations. after non-payment within this 7-day period, the statutory interest is due on the amount owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
Article 15 – Complaints procedure
- The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.
- Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within 7 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 7 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
- A complaint about a product, service or the entrepreneur’s service can also be submitted via a complaints form on the contact page of the website.
- The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period a dispute arises that is subject to the dispute settlement.
Article 16 – Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.
- Disputes between the consumer and the entrepreneur about the conclusion or implementation of agreements with regard to products and services to be delivered or delivered by this entrepreneur can, with due observance of the provisions below, be submitted to both the consumer and the entrepreneur. us.
- A dispute will only be handled by us if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
- If the complaint does not lead to a solution, the dispute must be brought before us in writing or in another form to be determined by the Commission no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur. </ li >
- If the consumer wants to submit a dispute to us, the entrepreneur is bound by this choice. Preferably, the consumer first reports this to the entrepreneur.
- If the entrepreneur wants to submit a dispute to us, the consumer will have to state in writing within five weeks of a written request made by the entrepreneur whether he wishes this or whether he wants the dispute to be handled by the authorized person. judge. If the entrepreneur does not hear of the consumer’s choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
- We will not deal with a dispute or discontinue the treatment if the entrepreneur has been granted a moratorium, has become bankrupt or has actually terminated its business activities, before a dispute has been handled by us and a final judgment has been rendered. .
Article 17 – Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Article 18 – Use of our Services
(a) Payments, Taxes and Refunds. Through our Services you can obtain Credits for free or against payment, in both cases referred to as a ‘Transaction’. With each Transaction, you only acquire a License to use the Credits. Each Transaction constitutes an electronic agreement between you and Mobile Media and / or between you and the entity offering the Credits through our Services. However, if you are a customer of Mobile Media and purchase an App, Mobile Media is considered the supplier; this means that you obtain the Credits from Mobile Media and the License from the App provider (as defined below). You can manage your password settings through the App. Any Transaction for which a fee is due will be charged, including applicable taxes, by Mobile Media via your selected payment method (such as credit card, debit card, gift card / code, or other payment method available in your country). If you have also added the payment method to your Mobile Media or Mobile Wallet, Mobile Media may charge your selected payment method in Wallet using Mobile Media. If we are unable to use your selected payment method for any reason (such as an expired credit card or insufficient funds), you will remain responsible for the amounts not debited. We will try to debit the amounts again using this payment method as you may update your payment method details. If you pre-order Credits, you will be billed when the Credits are delivered to you (unless you cancel the order before the Credits are available). In accordance with local law, Mobile Media may update information related to your selected payment method if such information is provided by your financial institution. You agree to receive all invoices in electronic form, including by email. The prices of Credits are subject to change at any time. If the delivery of Credits is impossible or is unreasonably delayed due to technical problems, you are only entitled to a replacement of the Credits or a refund of the price paid, as determined by Mobile Media. Mobile Media can refuse a request for a refund if it is determined that there is fraud, abuse of the refund policy, or other manipulative behavior on the basis of which Mobile Media would be entitled to initiate a counterclaim.
Right of withdrawal: If you choose to cancel your order, you can do so within 14 days from the time it is confirmed to you without giving any reason.
You can cancel your order by notifying us. To ensure that your cancellation is processed promptly, we recommend that you report the issue for all orders except for subscription services in Third Party Apps and un-redeemed Vouchers sent directly to Mobile Media have been purchased. To cancel the excepted items, please contact Mobile Media Support. Subscription services can only be canceled after the initial subscription expires and not after each automatic renewal. You also have the right to notify us using our standard cancellation form, or other clear statement to us. If you report a problem, you will immediately receive a confirmation of receipt of your cancellation.
To cancel your order in time, you must send your cancellation communication before the 14 day period has expired.
Consequences of cancellation: you will receive the purchase amount within 14 days after receipt of your cancellation request. The amount will be refunded using the same payment method you used for the Transaction and you will not be charged any fees for this refund.
Exception to the right of withdrawal: you cannot cancel your order for the delivery of Credits if delivery has started at your request and you have acknowledged that you thereby lose your right of withdrawal.
To use our Services and access your Credits, you may need a Mobile Media ID / Mobile ID. The Mobile Media ID / Mobile ID is the account you use within the Mobile Media ecosystem. Your Mobile Media ID / Mobile ID is valuable and you are responsible for keeping it confidential and secure. Mobile Media is not responsible for any loss resulting from unauthorized use of your Mobile Media ID / Mobile ID. If you suspect unauthorized use of your Mobile Media ID / Mobile ID, please contact us.
You must be 18 years or older (or the applicable minimum age in your Country as set out in the registration process) to create a Mobile Media ID / Mobile ID and use our Services. Mobile Media ID / Mobile IDs for younger people can be created by a parent or guardian as part of Family Sharing, or by a recognized educational institution.
Rules for Using the Services and Credits
When using the Services and Credits, you must comply with the rules of use set forth in this section (“Usage Rules”). Any other use of the Services and Credits is a material breach of this Agreement. Mobile Media may monitor your use of the Services and Credits to ensure you adhere to these Usage Rules.
All Services :
– You may only use the Services and Credits for business and commercial purposes (except as provided otherwise in the Wallet Credits section below).
– By making Credits available by Mobile Media, no commercial or promotional usage rights are transferred to you or rights of copyright holders are assigned to you or waived.
– You may use Credits on each device via a maximum of two different Mobile IDs.
– Preventing loss, destruction or damage to Credits once paid is your responsibility. We recommend that you regularly back up your account information.
– It is not permitted to disable or circumvent the security measures that form part of the Services.
– Access to the Services may only be obtained using mPOS PRO QR + software; it is not allowed to adapt it or to use modified versions thereof.
– The term ‘App’ includes apps for all Mobile Media platforms and / or software, in-app purchases and extensions available in an app (such as add-ons) and subscriptions.
– You may use the Apps on any device that you own or possess.
– Persons acting on behalf of a commercial corporation, government agency or educational institution (an “Enterprise”) may sync accounts for use by either (i) a single person on one or more devices owned or owned by an Enterprise; or (ii) multiple people on a single shared device owned or owned by a Company. To clarify, each device that is used by several people in succession or together requires a separate License.
– You may be limited in the amount of Credits you can purchase, and some Credits may expire after a certain period of time after purchase. Credits may not be accepted at all.
The Services and some Apps may allow you to purchase access to credits or subscription-based services (“Paid Subscriptions”). Paid Subscriptions are automatically renewed until canceled in the ‘Dashboard’ section of your account settings. When the price for a Paid Subscription increases, we will notify you and, if required, ask for your permission to continue the subscription. You will be charged the fee due no earlier than 24 hours before the start of the new subscription period. If for any reason (such as expiration or insufficient funds) we are unable to charge your payment method, and you have not canceled the Paid Subscription, you will remain responsible for any amounts uncollected, and we will attempt to charge the payment method if you update information about your payment method. This may result in a charge at the start of your next period of your Paid Plan and may change the date you are billed for each period. We reserve the right to terminate your Paid Subscription if it is no longer possible to debit the renewal fee from your payment method. Certain Paid Subscriptions are offered a free trial before the subscription price is charged. If you decide to unsubscribe from the Paid Plan before we charge it using the payment method you specified, you must cancel the subscription at least 24 hours before the end of the free trial period.
Availability Credits and Services
Any terms and conditions contained in this Agreement relating to Services, types of Credits, features or functionality that are or are not available in your Country will not apply to you unless and until they become available to you. Certain Services and Credits may no longer be available to you when traveling outside of your Country.
Devices of various brands
If you use our Services on a mobile device of a particular brand, you may not be able to use all features or Credits. The terms in this Agreement relating to features or types of Credits that are not available do not apply to you. If you later decide to use our Services using another device, you agree that all of the terms of this Agreement will apply to your use on that device.
(a) Providing Content through our Services
Our Services may provide you with the ability to deliver your own content such as images, videos and podcasts (including associated metadata and artwork). Your use of such features must comply with the Material Submission Guidelines below which may be changed from time to time. If you come across material that does not comply with these Guidelines, please report it to us. You hereby grant Mobile Media a worldwide, royalty-free, perpetual, non-exclusive License to use the material you provide in connection with the Services and related marketing activities and internal purposes of Mobile Media. Mobile Media is allowed to check, remove or modify supplied material.
Material Submission Guidelines: You may not use the Services to:
– post material for which you do not have permission, right or License to use;
– post offensive, insulting, unlawful, misleading or harmful material;
– post personal, private, or confidential information of others;
– request personal information from a minor;
– impersonate or misrepresent your relationship with another person or entity;
– Post or send spam, including but not limited to unsolicited or unauthorized advertising, promotional materials or informational announcements;
– To plan or participate in other illegal, fraudulent or manipulative activities.
(b) Sharing with Staff
The owner of a Company (the “Merchant”) must be at least 18 years old and the parent or guardian of any Personnel under the age of 13, or the applicable minimum age in the relevant Country (as set out in the registration process). Additional Mobile Media Licenses are required to access the ‘Staff Sharing’ features.
When the Entrepreneur App is used, Staff members act as representatives of the Entrepreneur. The Entrepreneur hereby declares that (1) will pay for these Transactions and (2) that the Transactions initiated by Employees are permitted. The Merchant is always responsible for compliance with his payment method agreement and assumes all risks associated with sharing access to the payment method with Staff Members. Both the Staff Member who places the order and the Entrepreneur will receive an invoice for the relevant Transaction.
Personnel changes: If a member of staff leaves or is removed from the Company, the remaining members of staff may no longer be able to access the ex-member’s Credits, including Credits purchased using the Merchant’s payment method.
You may not change the Mobile Media ID / Mobile ID associated with a Company more than once every 90 days. All staff must be resident in the same Country. Subscription-based Credits usage limits may apply to subscriptions shared by Staff.
(c) Personalized Featured Features
The Services may make recommendations based on your previous purchases, downloads and other activities. You can object to receiving such personalized recommendations for some Services in your account settings.
Certain featured features may require your permission before they are enabled. By enabling these features, you will be asked to give Mobile Media permission to collect and store certain information, such as, but not limited to, information about the activities, location, and usage of your device. We request that you read carefully the information presented when you enable the feature.
Apps may offer content, services or functionalities for use within those Apps (“In-App Purchases”). In-App Purchases made while using the App (such as Credits) cannot be transferred from one device to another and can only be used once. Before making an In-App Purchase, you must verify your account – separate from the verification required to take other Credits – by entering your password. You cannot disable the ability to make In-App Purchases.
Maintenance and Support
Mobile Media is solely responsible for providing maintenance and support services related to Mobile Media Apps, or where required by applicable law. Responsibility for the maintenance and support of Third Party Apps rests with the App suppliers.
Some Apps can be sold as a bundle (“App bundle”). The price shown with an App bundle is the price you will be charged when purchasing the App bundle. The price of the App bundle may be reduced due to Apps you may already have purchased or acquired, but may also include a minimum charge to complete the App bundle.
END USER LICENSE AGREEMENT OF LICENSED APPS
Apps offered are not sold to you but Licensed to you. You receive a License to an App by agreeing in advance to this End User License Agreement for Licensed Apps (the “EULA”) or a Special End User License Agreement entered into between you and the Application Provider (“Special License Agreement EULA”). The License for a Mobile Media NL App granted to you under the Standard or a Special EULA is granted by Mobile Media, while the License for a Third Party App granted to you under the Standard or a Special EULA is granted by the supplier of that Third Party App. Each App to which the Standard EULA applies becomes a ‘Licensed App’. The Application Provider or Mobile Media (‘Licensor’) reserves all rights in and to the Licensed App that are not expressly granted to you under this Standard EULA.
(a) Scope of License: Licensor grants you a non-transferable License that, subject to the Usage Rules, entitles you to use the Licensed App on any Mobile Media products owned or owned by you. The terms of this Standard EULA apply to all content, materials and services accessible or purchased through the Licensed App and to all upgrades made available by Licensor that replace the original Licensed App, unless the relevant upgrade is subject to a Special EULA applies. Unless otherwise specified in the Usage Rules, you are not permitted to distribute or make available the Licensed App over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or subLicense the Licensed App and if you sell your Mobile Device to a third party, you must delete the Licensed App from the Mobile Device before selling. You may not copy the Licensed App or any updates or any part thereof (except as expressly permitted under this License and the Usage Rules), decompile, reverse engineer, disassemble or modify, or attempt to obtain the source code thereof or derivative works thereof. (except to the extent applicable law does not permit the exclusion of the foregoing restrictions or to the extent prohibited actions are permitted under the License terms applicable to open-source components included in the Licensed App) .
(b) Consent to Use of Data: You agree that Licensor may periodically collect and use technical data and related information, including but not limited to technical information about your device, system and application software and peripherals, to facilitate the provision of any software updates, product support and other services related to the Licensed App to you. The Licensor may use this information to improve its products or provide you with other services or technologies, provided the information is in a form that does not identify you personally.
(c) Termination. The License is valid until terminated by you or the Licensor. Your rights under this License will automatically terminate if you fail to comply with the terms of this License.
(d) External Services. The Licensed App may allow you to access services and websites of Licensor and / or third parties (collectively and individually referred to as the “External Services”). You agree to use the External Services entirely at your own risk and that Licensor is under no obligation to examine or assess the content or accuracy of External Services, and accept that Licensor has no liability whatsoever with respect to External Services. Information displayed by Licensed Apps or Third Party Services, including but not limited to financial, medical, and location information, is for general purposes only and is not warranted by Licensor or its agents. You may not use the External Services in a manner that violates the terms of this Standard EULA or infringes the intellectual property rights of Licensor or third parties. You agree not to use the External Services in a way that is intimidating, threatening, aggressive or defamatory to any other party and that Licensor is not responsible for such use. Certain External Services may not be offered in all languages ??or in your country and may not be appropriate or available for use in a particular location. To the extent that you decide to use such External Services, you are solely responsible for compliance with applicable law. Licensor is at all times entitled, without further notice or liability on its part, to change, suspend, remove, disable or limit or subject to additional restrictions External Services or access to them.
(e) NO WARRANTY: The Licensor will use reasonable care and skill in the provision of the Licensed App and any External Services performed for or provided to you through the Licensed App. The Licensor makes no other representations or warranties with respect to the External Services, in particular, does not warrant that:
(i) your use of the External Services will be uninterrupted and error-free;
(ii) the External Services will be free from damage, corruption, attack, viruses, manipulation, hacking or other breaches of security, and Licensor disclaims any liability therefor. You are responsible for making backups of your own system, including any Licensed App that you have stored in your system.
(f) Limitation of Liability.
Except in the situation described in subsection (ii) below, the Licensor, its directors, officers, employees, affiliates, agents, contractors, clients or licensors are in no way liable for any loss or damage caused by the Licensor, its employees or agents. when:
(1) there is no breach of any legal duty of care to you by the Licensor or its employees or agents;
(2) that loss or damage is not the reasonably foreseeable consequence of such a breach;
(3) that loss or damage has increased as a result of your breach of the terms of this End User License Agreement (the “Agreement”);
(4) that loss or damage results from a decision by the Licensor to notify you, suspend or terminate your access to the External Services, or take some other action during the investigation of a suspected violation, or as a result of Licensor’s conclusion that a violation of this Agreement has occurred;
(5) that loss or damage relates to loss of revenue, business or profit, or loss or corruption of data in connection with your use of the Licensed App.
(6) Nothing in this Agreement will release or limit the Licensor’s liability for fraud, gross negligence, willful error, or for death or personal injury caused by its negligence.
(g) Unless explicitly stated otherwise below, this Agreement and the legal relationship between you and Mobile Media NL are governed by the law of the Dutch state, with the exclusion of the rules of conflict of law contained therein. You and Mobile Media NL agree that the courts in the Netherlands have exclusive jurisdiction to hear any disputes and claims arising from this Agreement. If you (a) are not a US citizen, (b) are not a resident of the United States, (c) are not using the service from within the United States and (d) are a national of one of the countries listed below, you hereby agree that any dispute and claim arising under this Agreement will be governed by the law specified below, excluding the rules of conflict of law rules, and you hereby irrevocably accept the non-exclusive jurisdiction of the court in the following listed state, province, or country whose law is the applicable law:
If you are a resident of a Member State of the European Union or of Switzerland, Norway or Iceland, the applicable law and the place of jurisdiction are the law and the courts of the country in which you normally reside.
The applicability of the provisions of the Vienna Sales Convention (UN Convention on Contracts for the International Sale of Goods) to this Agreement is expressly excluded.
(h) OTHER TERMS AND CONDITIONS APPLICABLE TO ALL SERVICES
CHANGES TO THE AGREEMENT
Mobile Media NL is at all times entitled to amend or supplement this Agreement or to impose new conditions on your use of the Services. All changes and additions will be notified to you and, if accepted, will become effective immediately and form part of this Agreement. If you do not agree with the changes, Mobile Media NL is entitled to terminate the Agreement.
THIRD PARTY MATERIALS
Mobile Media NL is not responsible or liable for materials from third parties that are part of the Content or the Services or to which the Services or Content contain a link.
You acknowledge and agree that the Services, including but not limited to Content, images, user interfaces, audio and video clips, editorial content and the scripts and software used to run the Service, contain proprietary information and materials that contain the are owned by Mobile Media NL and / or its licensors and are protected by applicable intellectual property and other laws, including but not limited to copyright law. You agree to use such protected information and materials only in conjunction with the Services and for your personal, non-commercial use in accordance with the terms of this Agreement. You may not reproduce the Services, or any part of them, in any form or by any means, except as expressly permitted in these terms. You undertake not to modify, rent, lend, sell or distribute the Services or Content in any way, or to exploit the Services in any way, unless expressly authorized to do so.
The name Mobile Media NL, the Mobile Media NL logo, Mobile Wallet and other Mobile Media NL brands, models, images and logos used in connection with the Services are trademarks (registered or unregistered) of Mobile Media NL in the EU, USA and in other countries worldwide. You do not acquire any right or License with regard to these trademark and design rights or the use thereof.
If you believe that Content made available through the Services infringes your copyright, please contact Mobile Media NL
TERMINATION AND SUSPENSION OF SERVICES
If you fail to comply with the provisions of this Agreement, or if Mobile Media NL suspects that you are not complying with them, Mobile Media NL is entitled, in its sole discretion and without prior notice: (i) this Agreement and / or your Mobile Media NL ID, whereby you remain obliged to pay all amounts due under your Mobile Media NL ID up to and including the date of termination and / or (ii) terminate the License to the software and / or (iii) deny access to the Service (or any part thereof).
In addition, Mobile Media NL is at all times entitled to change, suspend or terminate the Services (or any part of the Content thereof) with or without prior notice and Mobile Media NL is not liable to you or a third party if such exercises rights. As far as possible, Mobile Media NL will notify you in advance of any change, suspension or termination of the Service. Termination of the Service will not affect the Content already purchased by you, but you may no longer be able to designate additional computers to use the Content.
DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY
(a) Mobile Media NL will exercise reasonable care and craftsmanship in the delivery of the Service. Mobile Media NL makes no other assurances and makes no other guarantees with regard to the Service and in particular does not guarantee that:
(i) your use of the Service will be uninterrupted and error-free. You agree that Mobile Media NL may remove the Service from time to time for an indefinite period of time and may cancel the Service at any time for technical or operational reasons, of which Mobile Media NL will notify you, insofar as practicable;
(ii) the Service will be free from damage, corruption, attacks, viruses, manipulation, hacking or other breaches of security, which events will be considered as force majeure, and Mobile Media NL declines any liability for this. You are responsible, before, during and after using the Service, for making backups of your own system, including any content or data, used in conjunction with or purchased through the Service.
(b) Except in the situation described in subsection (d) below or if and to the extent that you exercise any applicable legal right to reimbursement or compensation, Mobile Media NL, its directors, officers, employees, affiliates, agents, contractors or Licensees under no circumstances liable for loss or damage caused by Mobile Media NL, its employees or representatives when:
(i) there is no violation of a legal duty of care towards you by Mobile Media NL or its employees or representatives;
(ii) that loss or damage is not the reasonably foreseeable consequence of such a breach;
(iii) that loss or damage has increased as a result of your breach of the terms of this Agreement;
(iv) that loss or damage is the result of a decision by Mobile Media NL to remove or not edit information or content, to warn you, to suspend or terminate your access to the Service, or to take any other measure during the investigation of a suspected violation, whether it is the result of Mobile Media NL’s conclusion that a violation of this Agreement has occurred; or
(v) that loss or damage relates to loss of revenue, business or profit, or loss or corruption of data in connection with your use of the Service.
(c) Mobile Media NL will use reasonable efforts to protect information submitted by you in connection with the Service, including against fraudulent use.
(d) Nothing in this Agreement will release or limit Mobile Media NL from its liability for fraud, gross negligence, willful error, or for death or personal injury.
(e) If you breach this Agreement, you will be liable to Mobile Media NL, its directors, officers, employees, affiliates, agents, contractors and Licensees for any claim arising out of your breach. You will also be liable for any action taken by Mobile Media NL in the context of its investigation of any alleged violation of this Agreement, or as a result of its conclusion or decision that a violation of this Agreement has occurred.
LEGAL EXCLUSIONS FOR PUBLIC INSTITUTIONS
To the extent that you are a recognized public educational or governmental entity and this Agreement does not apply to you in whole or in part under applicable law or is not enforceable against you, such as the section on indemnification, then the relevant portion will be deemed invalid or unenforceable and instead interpreted in a manner that most closely approximates the intent of the provisions of the applicable law.
Unless expressly provided otherwise below, this Agreement and the relationship between you and Mobile Media NL, as well as all Transactions carried out via the Services, are governed by the law of the state of the Netherlands, with the exclusion of the rules of conflict of law contained therein. You and Mobile Media NL agree that the courts in the Netherlands have exclusive jurisdiction to hear any disputes and claims arising from this Agreement. If you (a) are not a US citizen, (b) are not a resident of the United States, (c) are not using the service from an address in the United States and (d) are a national of one of the countries listed below , you hereby agree that disputes and claims arising out of this Agreement will be governed by the law specified below, excluding the rules of conflict of law rules, and you hereby irrevocably accept the non-exclusive jurisdiction of the court in the State, province, or country listed below whose law is the applicable law:
If you are a resident of a Member State of the European Union or of Switzerland, Norway or Iceland, the applicable law and the place of jurisdiction are the law and the courts of the country in which you normally reside.
The applicability of the provisions of the Vienna Sales Convention (UN Convention on Contracts for the International Sale of Goods) to this Agreement is expressly excluded.
This Agreement constitutes the entire agreement between you and Mobile Media NL and applies to your use of the Services, and supersedes all prior agreements between you and Mobile Media NL on the same subject. When you use affiliate services, third-party content or software, or additional services, including the Mobile Wallet, additional terms and conditions may apply to you. If any part of this Agreement is found to be void or unenforceable, that part shall be construed – in accordance with applicable law – so as to express as much as possible the original intentions of the parties and the remaining parts shall remain fully valid and in effect. If Mobile Media NL does not enforce a right or provision in this Agreement, this does not mean that Mobile Media NL waives this or other provisions. Mobile Media NL is not responsible for non-compliance with any obligation as a result of causes beyond its control.
You agree to comply with all local, state, federal, and national laws and regulations that apply to your use of the Services. In addition, other laws may apply to your use of the Services. The risk of loss of Transactions delivered electronically passes to the buyer at the time of electronic transmission to the recipient. No employee or representative of Mobile Media NL is authorized to change this Agreement.
Mobile Media NL may give you notices in connection with the Services by sending an email to your email address, by sending a letter by post to your correspondence address, or by posting a notice in the Services. Notices are effective immediately. Mobile Media NL may also contact you by e-mail or push message to provide you with further information about the Services.
You hereby grant Mobile Media NL the right to take any steps that Mobile Media NL believes are reasonably necessary or appropriate to verify or enforce compliance with any part of this Agreement. You accept that Mobile Media NL has the right, without liability to you, to provide data and / or information to law enforcement authorities, government agencies and / or third parties, if Mobile Media NL believes this is reasonably necessary or appropriate to ensure compliance with any part of these Verify or enforce an Agreement (including but not limited to Mobile Media NL’s right to participate in legal proceedings in connection with your use of the Services and / or Content and / or any claim by third parties that your use of the Services and / or Content is unlawful and / or infringes the rights of that third party).
Article 19 – Amendments to the General Terms and Conditions
- Mobile Media NL will not change these general terms and conditions other than in consultation with a lawyer.
- Changes to these terms and conditions are only effective after they have been published in an appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.
- Minors should review this Agreement with a parent or guardian to ensure that the minor and their parent or guardian understand this Agreement.