Terms And Conditions

GENERAL TERMS AND CONDITIONS, 1 NOVEMBER 2014

1. APPLICABILITY AND CHANGES

These General Terms and Conditions and the Specific Terms and Conditions (the General and Specific Terms and Conditions). as well as the copyright policy and the privacy policy. apply to all agreements between us. as the Provider (the Provider. we. us or our see the Specific Terms and Conditiors for our details) and you. as the Buyer of the Services that we supply. Services refers to the supply of Mobile Content. i.e. content intended for use on mobile telephones (such as applications, wallpapers. games. fun sounds and real tones) via Short Messaging Services (SMS).

the (mobile) internet. this website or a wapsite (the Sites) and/or via any other method of delivery of mobile content unless otherwise agreed in writing.

The General and Specific Terms and Conditions. as well as the copyright policy and the privacy policy, also apply to the use of the Sites.

Using the sites and/or registering for (one of) the services and/or accepting the mobile content and/or (on of) the services constitutes acceptance of the general and specific terms and conditions, as well as the copyright policy and the privacy policy, and you acknowledge and confirm that you have read these and are bound by them.

The Provider has the right at all times to vary or supplement the General and Specific Terms and Conditiors. Any material changes (such as changes to our fees or the nature of the Services) will be notified to you via a free text message.All other changes will either be posted on the app or on the website, as appropriate.

2. DESCRIPTION OF THE SERVICES

The Provider grants access to a network of mobile content. including but not limited to news or informafon. applications. games. e-mail. chat services. amusement. horoscopes, ringtones. wallpape-s. fun sounds, real tones and videos (Mobile Content). The Services may also include access to the mobile content and services of independent third parties. Please see the Specific Terms an1 Conditions for the details of your Service.

The Services are supplied via downloadable Mobile Content (e.g. by supplying you with an application) or by enabling you to download the Mobile Content (e.g. by supplying a WAP-push link or a PIN code for downloading the content on Sites designated for that purpose. or by offering access to the Mobile Content).

Please note that the fees shall become due regardless of whether or not you actually download Mobile Content; the fees are charged for the right to download, receive, and/or access Mobile Content.

The General and Specific Terms and Conditions. the copyright policy and the privacy policy also apply to any expansion or improvement of the current Service(s). The Provider may temporarily or permanently change or discontinue the Service(s) (or a part thereof) at any time upon providing you with reasonable notice or. in the case of an emergency or for reasons outside our control or if we have reason to believe you are in serious breach. without notice.

The Provider's liability for any losses incurred by the Buyer or by any third party as a result of any such suspension or discontinuation is limited to the amount of the fees the Buyer has paid to us for the applicable Service(s).

3. ACCESS TO THE SERVICES, AVAILABILITY AND AGE RESTRICTION; YOUR RESPONSIBILITIES

l.ln order to be able to make use of the Service(s), you must:

i.At least have reached the age referred to in the Specific Terms and Conditions:

ii.If someone else makes the payments for the Services delivered to you (the authorised bill

payer), you must have his/her permission for the purchase and use of the Services and for making the payrrents for the Services. and you must ensure that he/she reads and accepts these General

and Specific Terms and Conditions. the copyright policy and the privacy policy in giving such permission.

2.The Service(s) is/are provided as is and as available at the time of use or consumption without any representation or endorsement and (to the extent permitted by law) without warranty of any kind. whether express or implied.

3.ln order to be able to make use of the Services:

i.You need a mobile phone. Certain Mobile Content is only available for a select number of mobile telephones. This is a matter for the producers of mobile telephones and therefore lies beyond the Provider•s sphere of risk. In order to avoid disappointment. before registering for (one of) the Services. you are requested to check the compatibility of your telephone for these Services. as shown in the List of compatible handsets. available at the Sites.

ii.You must make sure that the settings. such as the WAP settings of your mobile telephone. are correct. In order to avoid disappointment. before registering for (one of) the Services, you are requested to check with your mobile network provider that the settings of your mobile telephone are suitable for these Services.

iii.You must have a monthly contract with a participating mobile network provider or have pay-as-you-go credit via which you will be charged for the Services.

iv.You must have access to the internet on you mobile phone and/or PC.

Please not that you will be charged for the use of the services as set out in the specific terms and conditions, Additional charges from your networic provider may apply for access to a mobile communication network, a woricing internet connection or for creating the right settings in order to be able to make use of the services.

4,Thc Provider is not responsible i:Jnd i:Jcccpts no lk1bility wh.:itsocver if you  re not .:iblc to m.:ikc (full) use of the Services and/or Mobile Content or do not receive (SMS) messages from us or do not receive messages as a result of your failure to comply with the provisions of clause 3 above or as a result of your deletion or failure to save the Mobile Content or (SMS) messages that you receive from us (in time) or as a result of the fact that your (SMS) inbox or memory device is full. S.You are responsible for ensuring that your equipment and/or software does not disrupt or prevent the Services of the Provider. Equipment or software that causes disruptions will be immediately disconnected from the Services and in such cases the Provider has the right to terminate or suspend the Services with immediate effect. If a change in your equipment or software is required for an upgrade or for the Services. you must make that change at your own expense.

4. PAYMENT FOR THE SERVICES

In order to buy the Services. you must pay a fee in accordance with the Provider's current rates via the telephone bill from your mobile network provider (if you have a monthly contract) or through a deduction from your credit (if you are using pay-as-you-go).

It is possible that your mobile network provider will charge costs for sending or receiving (SMS) messages or Mobile Content to or from us, in addition to the fees that we charge. Please check this with your mobile network provider.

The applicable fees for each Service. includin9 the payment frequency, are set out in the relevant Specific Terms and Conditions. All fees. includin9 fees for existing subscriptions. are subject to change upon notice from the Provider. The Provider will provide you with reasonable notice of such changes. If you do not accept the new fees (which will never be applied retrospectively), you may cancel your contract with us with immediate effect.

In the event of invoicing by a third party (such as Payforit). the payment terms of that third party will apply.

S. CODE OF CONDUCT FOR THE USE OF THE SERVICES

You agree to use the Services in compliance with the following code of conduct:

a.You will keep all information provided to yoo via the Service private and confidential and will not

disclose that information to anyone without the written permission of the Provider or the person that provided you with the information;

b.You will not use the Services to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications . photographs or recordings which contain defamatory. libellous. crude. abusive or scandalous statements. or racist. pornographic, obscene or offensive language or images;

c. You will not use the Services to infringe the privacy rights, property rights or any other rights of the Provider or of any person;

d.You will not post messages. photographs or recordings or use the Services in a manner that infringes, plagiarises or breaches the rights of the Provider or of any third party. including but not limited to any copyright. or privacy or other personal or proprietary right or that is fraudulent or otherwise unlawful or that violates the law or public morality;

e.You will not use the Services to promote charities. advertising or goods or services:

f.You will not in any way post or pass on contact information through your publicly posted information. including but not limited to telephone numbers. postal addresses. e-mail addresses. websites or full names;

g.You will not reproduce. copy. sell, resell or use the Services. in whole or in part;

h.You will not use the Services for commercial purposes:

i.You will not use the Services to sent unsolicited e-mail messages. including but not limited to mass commercial advertising or informative notices (Spam). Furthermore, you will not use the Services to (a) send e-mail messages that are excessive and/or are intended to harass or trouble other persons. (bl continue sending e-mail messages to the Provider or a recipient who has stated that he/she does not wish to receive these, (cl send e-mail with deceptive or misleading header information. (d) send malicious e-mail, including but not limited to mail bombing, or (e) send or receive e-mail messages in a manner that breaches the terms of use of an internet service provider.

The Provider reserves the right, at its reasonable discretion, to suspend or terminate your subscription. and/or to terminate the relationship with you and/or to deny you the use of the Services or a part thereof. now or in the future. without owing you any compensation in that regard, for any breach of the above provisions.

6. OBLIGATION TO REGISTER FOR THE SERVICES

In order to ensure safe use of the Services as well as payment of the applicable fees, you guarantee that the personal information provided in the registration form (hereinafter referred to as the Registered Information) is correct and complete. If the Provider. at its reasonable discretion. believes that the Registered Information is not correct or is incomplete, the Provider has the right to suspend or cancel your subscription and/or to terminate the relationship with you and/or to deny you the use of the Services, or a part thereof, now or in the future, without owing you any compensation in that regard.

You are responsible for maintaining the confidentiality of any password and/or other information issued to you by the Provider and you are fully liable for all actions performed with the use of your password or this other information. You undertake to close your visit to the Sites at the end of each session (by closing your browser) and to contact the Provider if you observe or suspect unauthorised use of your password or account with the Provider. or that the security or protection of the Registered Information is no longer guaranteed for any other reason. The Provider may grant you access to certain Services without you being registered as a user, such as the sign-up page/ link for the Services via your mobile telephone. In each of those cases, your identification is based on the identification method that we deem appropriate. such as confirming the number of your mobile telephone.

The website accessible at the following URL address:  http://cstore.mobi , is edited by Intech SAL company
 
 
Article 1: OBJECT 

The following General Conditions of Use (Hereinafter referred to as ‘’GCU’’)  are intended to define the conditions under which the users of the Site, whether or not they have an account (referred as   ‘’the  users’’)   can access and use the website accessible at the following URL address   :  http://cstore.mobi as well as any content, tool, service and functionality made available on said WebSite at the sole discretion of INTECH, which are exclusive property of INTECH (hereinafter referred to as "WebSite"). 

Use of the WebSite implies acceptance and respect of these GCU. 

INTECH reserves the right to modify at any time the GCU, by publishing a new version on the WebSite. Use and / or access to the WebSite implies the acceptance of the new Terms. 

 
 
Article 2 – REGISTRATION 
  

In case of account creation, the information provided must be exact, complete and updated. Moreover, the logins, email addresses, etc. must not infringe the rights of third parties in any way. 

To access his account, the User will have to enter his username/login and password. 

The User login and password are personal and confidential. The User undertakes not to disclose them and / or assign them to a third party, and to take all the necessary measures to preserve this confidentiality. 

Minors can only use and access the WebSite and / or the Services with the authorization of their parents or legal representatives, who in any case remain the only responsible for any wrongful acts of minors on which they hold the authority, as well as possible harmful consequences of the use of the Site and / or Services by them. Minors are invited to read carefully these Terms/GCU. 

INTECH reserves the right to refuse the creation of the account, disable it and / or delete it at any time, without notice. 
 
 
Article 3 - PERSONAL DATA 

Personal data collected by INTECH as part of the use of the WebSite will be subject to automated processing treatment. 

It is specified that “Cookies”, whose only function is to identify the Users (URL, IP address, time and date of navigation, etc.), are automatically collected during each connection on the WebSite and have the exclusive purpose to allow, improve or ease the access and use of the WebSite and / or Services. Users can block them by following the procedure indicated on their browser. It is nevertheless specified that the use of the Website might be altered in this case. 

The personal data collected are necessary for the management of the account, for the improvement of the WebSite and in order to extract the best benefit of the Users features, contents, tools of the WebSite and to adapt them to their specific needs and uses. They may also be used to target advertisements on the WebSite and the Application and to offer products and services adapted to the Users needs and uses. 

The consignee of the personal data collected is only by INTECH. They may, nevertheless, be communicated to third parties pursuant to a law, a regulation or a decision of a competent authority. 

INTECH commits, with regard to the persons concerned, to take all the necessary precautions to preserve the security of the personal information concerning them. 

The personal data collected will be kept by INTECH for the strictly necessary duration to achieve the purpose mentioned hereabove.  

The Users have a right of access, rectification, opposition and withdrawal of the information concerning them, which they can exercise by emailing to [email protected]   

Subject to having obtained/collected User prior consent, INTECH could transmit to its partners the information concerning it, in the context of marketing and commercial and promotional operations, joint or not. 
 
 
 
Article 4- INTELLECTUAL−PROPERTY 

The WebSite and all the elements and contents attached to it, provided or represented, in any way, and without this list being limited, the Contents, applications, tools, services, texts, images, trademarks, logos, names, softwares and technical tools, databases, designs and models, are protected by the intellectual property law and are subject to the laws and regulations applicable in this field (hereinafter collectively referred to as "Contents"). 

INTECH owns the intellectual property rights relating to the Contents or has obtained a regular license from their respective owners. 

The use and access to the Content do not give the User any intellectual property rights over any element of the Content, which remains the property of their respective owners. 

In general, INTECH grants Users a free, personal, non-exclusive and non-transferable right of access and use of the WebSite (excluding the viewing of Content on the WebSite), subject to acceptance and respect of the present GCU. 

INTECH authorizes the Users to view the video content that may be provided on the WebSite at the sole discretion of INTECH, in streaming only, on a non-exclusive basis and for exclusively personal purposes, from the WebSite, through tools provided by INTECH, under the conditions referred herein, and subject to acceptance and compliance with the present GCU. 

It is understood that the User is prohibited (i) to download, in whole or in part, the video content (s), permanently, on one or more devices (ii) and more generally to harm in any way the intellectual property rights attached to the WebSite and / or Contents (including video content that may be provided on the WebSite). 

Any exploitation, reproduction, representation, modification deletion, grant, download, copy, alteration, distribution, transmission, translation, dissemination, sale, rental, decompilation, in particular, of the Content, in whole or in part, in any manner, on any medium is strictly prohibited, except with the express written consent of INTECH or its licensors . 
 
 
 
Article 5 - AVAILABILITY OF THE WEBSITE 

The WebSite is accessible 24/7, except interruption, programmed or not, for maintenance purposes or case of major forces.  

The WebSite is provided «as it is", without warranty of any form, without maintenance obligation at the expense of INTECH. 

INTECH assumes no responsibility for the operation, availability, access and use of the WebSite or Contents, and for damages of any nature that would result (in particular loss of data, loss of profit, loss profit or customer). 
 
 
Article 6 - USER RESPONSIBILITY 

The User agrees to use and access the WebSite in accordance with the present GCU, not to interfere with the proper functioning of the WebSite in any way, not to infringe the rights of Intech or third parties in any manner, not to violate the law and the regulations in force as well as public order and morality. 

In particular, the User agrees, in the context of use and access to the WebSite not to: 

-Violate the intellectual property rights of Intech or third parties; 
 -Violate the respect for human dignity and minors; 

-Violate privacy; 

-Make propaganda, politics or proselytism; 

-To incite violence, racial hate, discrimination, racism, xenophobia; 

-Make an apology for crimes, including war crimes and crimes against humanity; 

-Be violent and threatening; 

-Spread rumors or false news; 

-Return to third party websites that are contrary to the present GCU; 

-Bypass technical protection systems, carry out or incite acts of piracy, transmit viruses, interrupt, destroy or limit the WebSite functionality as well as any tool, software, hardware ; 

-Harm the image of INTECH or the companies of the Group to which it belongs.  

-In general, the User agrees to respect others and to exercise good judgment in the use of the WebSite. 

-In addition, the User is solely responsible for the use of his account and the actions taken via his account. 
 
 
Article 7 – LIABILITY 
 

7.1   INTECH is responsible for the proper performance of its contractual obligations in the context of its regulatory obligations and the standards in force. 

However, the responsibility of INTECH cannot be engaged if the execution or the bad execution of the Subscription contract is not its fact and is imputable, either to the Customer, or to the unpredictable and insurmountable fact of a third party, or to a case of major force. 

In this context, INTECH will not be held responsible: 

-Malfunctions and/or any interruptions in the provision of Cstore service; 

-Any damage suffered by the Customer and / or any third party through the Cstore service (i) resulting from the action or omission of the Customer, in whole or part, or (ii) due to technical incompatibility of his equipment with the Cstore Service; 

-Any installation difficulty of the application (ii) in case of malfunction of the terminals or the Internet or mobile network, (iii) in case of disappearance, loss or damage, including for damage affecting the hardware necessary to use the Cstore Service. 
 
7.2   The Customer undertakes to indemnify INTECH for any damage, recourse or claim for which the Customer is liable and resulting from its misuse of the WebSite, the Application and / or the Service, and the non-compliance with these GCS. 
 
 
 
 
Article 8 - CONTACT - ASSISTANCE - CLAIMS 

The Customer may contact INTECH, by email: [email protected] 

For requests relating to the proper execution of his subscription or for any complaint, the Customer may contact INTECH by email at [email protected] 

In case of difficulty occurring during the use of Cstore, the Subscriber has the possibility, before any legal action, to seek a friendly solution with the company INTECH, in particular by addressing the mediator of the business (free for the consumer).