Service Terms and Conditions
In the case that the User does not agree with any of these conditions, they should not use the subscription services offered by Mobixone Pty Ltd. Mobixone Pty Ltd has the right to suspend or terminate the services of any customer who does not comply with these terms and conditions or any other related contractual obligations.
Mobixone Pty Ltd offers services and entertainment content downloads across its WAP services for compatible mobile phones. Once the order and payment are carried out, the user can receive or download products and services to mobile telephones and other compatible device.
Access to Services
The User must make all the necessary equipment and software available, in order to connect to the Service. Including, amongst other things, the mobile phone or other access devices. Mobixone Pty Ltd may interrupt the Service to carry out any repair works, system corrections, maintenance and/or improvements that it considers necessary.
Termination / Unsubscribe
You may unsubscribe your subscription at any time by dialling *155# or email : firstname.lastname@example.org or call 0765639425 for support
Mobixone Pty Ltd will not be held responsible for any losses or damages suffered by the User that result in the failure to execute these duties and obligations.
Likewise, the User is obliged to not use the system and the Service of Mobixone Pty Ltd improperly, and to abide by the laws and respect the rights of the third parties, including the rights of brand names, patents, copyright and any other intellectual or industrial property rights.
Moreover, the User recognises and accepts that the use of the Service is not permitted for commercial purposes and for the purposes of others written in the General Conditions.
The user is obliged to ensure that the service must not be used :
(i) To intentionally engage in illegal conduct;
(ii) To knowingly create, store or disseminate any illegal content;
(iii) To knowingly infringe copyright;
(iv) To knowingly infringe any intellectual property rights, or
(v) To send spam or promote the sending of spam;
Responsibility of Mobixone Pty Ltd
Mobixone Pty Ltd does not guarantee the quality, accuracy, reliability, correction or the morality of the data, programs, information, or opinions whatever the origin whether they from its network or from networks that the User can access through Mobixone Pty. By subscribing, the User accepts that Mobixone Pty Ltd is exempt from all responsibility related to its WAP pages. The User also assumes sole responsibility for any consequences, damages or actions that can derive from accessing these contents, as well as their reproduction or diffusion.
Mobixone Pty Ltd has the right to take down any content (hosted as part of the service) that it considers illegal or for which it has received a take-down notice.
IN PRINCIPLE, Mobixone Pty Ltd’s RESPONSIBILITY WILL BE LIMITED TO THE VALUE OF USER SATISFACTION FOR THE SERVICES PROVIDED ACCORDING TO THESE GENERAL CONDITIONS.
Mobixone Pty Ltd cannot be held responsible for direct or indirect facts, acts or damages that can derive from using third parties, as a consequence of using contents belonging to Mobixone Pty Ltd.
This limited guarantee and limited responsibility mentioned in the above paragraphs do not accept the statutory rights of the Users.
Rights of Intellectual and Industrial Property
On the WAP and Websites of Mobixone Pty Ltd, the contents and rights of intellectual property, programming and web designs are completely protected by the rights of the author, therefore, for the reproduction, communication, disclosure and distribution of them, permission must be sought. Likewise, all the logos that appear on the WAP and Websites, belong to Mobixone Pty Ltd or third parties, therefore their reproduction or distribution is prohibited under any means without duty, warning, or permission from the owner.
Price of the Services
Mobixone Pty Ltd offers its Users the chance to enjoy a wide variety of products which are chargeable (Subscription Service), on the basis of their characteristics and of the technology used to access them (mobile telephony or Internet).
The pricing for each service is mentioned on the landing pages associated to the promotion. Pricing is inclusive of VAT. We may vary the fees, from time to time, but this will not affect the fees for the applications that have been previously paid for. Users will be notified of any price changes and given the option to opt out.
Your mobile operator may charge additional browsing costs, independently from the services provided by Mobixone Pty Ltd, for downloading products. Mobixone Pty Ltd accepts no liability for the cost of browsing charged by the various mobile phone operators.
Regarding Users' use of the Service
Users must be over 18 years of age, with full capacity to use the Services. Those under 18 years of age may only use the Services with prior authorisation from their parents, guardians, or legal representatives, who shall be responsible for the actions carried out by the persons under their charge. Since these facts may not be verified by Mobixone Pty Ltd, Mobixone Pty Ltd reminds parents and guardians of their responsibility for monitoring the use of the Services made by persons under their charge, particularly of the mobile phone being used for the Services and to which the minor or other third parties have access.
Mobixone Pty Ltd cannot control Users' use of the Services. It therefore does not warrant that the Services are used in accordance with applicable law or these General Conditions. It is up to the User to comply with these rules, particularly relating to intellectual and industrial property rights, abstaining from using the Services for unlawful purposes or in a way which is contrary to, or infringes, the rights and interests of Mobixone Pty Ltd or third party rights holders.
In addition, unless Mobixone Pty Ltd has made a system expressly intended for that purpose available to Users, Users must not obtain or attempt to obtain any type of content on the Website, including, without limitation, text, graphics, drawings, sound files, images, photographs or videos. Specifically, Mobixone Pty Ltd forbids any downloads, copies or reproductions of content made by a User unless specifically permitted by Mobixone Pty Ltd.
Mobixone Pty Ltd accepts no liability for any loss or damage of any kind which may arise from the incorrect, illegal, or unlawful use by Users of the Services provided and the contents offered.
Regarding the sending and receipt of the Service
Services must be requested in accordance with the instructions communicated by Mobixone Pty Ltd to Users and, in particular, must include the exact text stipulated by Mobixone Pty Ltd for each Service from time to time. In addition, in the case of Services requested by mobile phone, the User's handset must be compatible with, and have the technology required for, each Service.
Mobixone Pty Ltd accepts no liability for any requests which do not include the text stipulated for each Service or which originate from mobiles which are not compatible with the Services.
In addition, Mobixone Pty Ltd accepts no liability for any delays affecting the sending of contents to Users, or their quality, since such delays depend on factors completely beyond Mobixone Pty Ltd's control, such as, among others, network traffic, the operators, the features of the various mobile phones, computers and/or computer tools, and the quality of the content itself when supplied by other Users. Notwithstanding the foregoing, Mobixone Pty Ltd shall use all reasonable endeavours to ensure that content reaches Users at the time it is requested.
Regarding mobile phone ownership
Mobixone Pty Ltd does not receive the mobile phone number associated to that service. It is therefore unable to determine or control the identity of the User who is requesting the Service. The User warrants that he or she is the owner of the mobile phone from which the registration for the Service is applied for, or at least that he or she has the owner's authorisation to register for the service. Mobixone Pty Ltd accepts no liability where the User who has requested the Service is not the lawful owner of the mobile phone or lacks the owner's authority to use the mobile phone. You will be held responsible for complying with these terms, whether or not you own the mobile telephone or handheld device.
Regarding the content supplied by Users
The User warrants to Mobixone Pty Ltd that he or she owns each and all of the rights to the content or has the rights, authorisations, permissions, licences and/or consents required to provide the content to Mobixone Pty Ltd.
Mobixone Pty Ltd in no event accepts any liability for any harm or infringement caused by any User affecting other Users' or third parties' industrial and intellectual property rights, right to privacy and self image, right to protection of personal data, or any others. The User must employ all due care and diligence to avoid causing any damage or risk of damage to Mobixone Pty Ltd, the Website, other Users, the Services or any third parties.
In addition, in the case of content containing images or photographs of people, the User warrants to Mobixone Pty Ltd that such images or photographs were taken or recorded with such persons' consent and that they are aware of the assignment to be made to Mobixone Pty Ltd by the User and that making such images or photographs available to third parties does not constitute an infringement of the applicable law.
Assignment of Contents
The User assigns to Mobixone Pty Ltd all assignable intellectual property rights in the content it provides which are necessary for the proper provision of the Services by Mobixone Pty Ltd, particularly the abilities required to copy, load, host, store, transmit, modify and/or adapt according to the required format, create summaries of, advertise and promote on television, the press and its websites, reproduce, publicly communicate and supply to third party users.
The assignment of the content to Mobixone Pty Ltd is non-exclusive, and is applicable to the whole world and for as long as the content is available to third parties.
No rights in the content other than those necessary for the proper operation of the Services are assigned pursuant to these General Conditions.
Mobixone Pty Ltd operates globally, it may be necessary to transfer Your personal information to countries outside the South Africa for processing where data protection standards may not be the same. However, wherever Mobixone Pty Ltd processes Your information Mobixone Pty Ltd will strive to ensure the same level of protection as set out in these Terms and Conditions which means that Your personal information will be protected at all times in accordance with strict data protection standards.
Mobixone Pty Ltd is a full member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. Mobixone Pty Ltd may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA Website : www.waspa.org.za
Jurisdiction and Applicable Law
These Terms and Conditions are governed by South African Law. Mobixone Pty Ltd and the User shall submit any dispute which may arise from the application of the Services or the construction and application of the Terms and Conditions to South African Courts or where otherwise required by law.
Neither Party may commence any court proceedings in relation to any dispute arising out of this Agreement until it has attempted to settle the