Issue Date: February 2016
1. The Agreement
1.1 These Terms and Conditions are the terms and conditions of the subscription agreement (‘Agreement’) between You (You are our subscriber or potential subscriber) and UK Credit Limited (a registered company in Hong Kong and the content provider/operator of Mobilegamepass mobile site) hereafter collectively referred to as “Company, Provider, we, us, our, ourselves”).
1.2 Carrier Rate billing in the United Kingdom are provided by txtNation, 15 Billacombe Road, Pomphlet, Plymouth, Devon, U.K., PL97HX.
1.3 This Agreement governs your use of the Mobilegamepass mobile site and all mobile content and services available on the site hereafter referred to as the “Service”. It explains our obligations to You, and your obligations to us in relation to the Service.
1.4 By requesting the Mobilegamepass subscription Service and access to the Mobilegamepass service, You agree to be bound by these Terms and Conditions and furthermore You acknowledge and confirm that:
1.5 You may use the Service only in accordance with the terms of this Agreement, any amendments and any additional terms that may be presented in connection with any particular feature or function of the Service from time to time.
2. Terms relative to the Subscription Service
2.1 The Mobilegamepass is a subscription membership that provides its members with a range of products, services and benefits through the applicable mobile sites to compatible handsets (hereinafter referred to as “Service”).
2.2 The Service is available to residents of the United Kingdom only.
3. Payment & Costs
3.1 Form of Payment
You will be billed for your subscription sign up and ongoing fee by direct carrier billing.
3.2 Fees & Charges
The applicable fees and cost of the Mobilegamepass subscription service will continue until You unsubscribe and are detailed below:
3.3 Change to existing Fees
All fees as shown above are subject to change. In the event of a fee increase, we will inform you of the new fees/charges and the effective date for the new fees/charges. If you do not wish to accept the new fees, you may cancel/terminate your subscription (refer to Cancellation/Termination of Your Service below) prior to the revised/new fees being applicable. Your cancelation/termination request will be effective immediately.
4. Quality of Subscription Service
4.1 Mobile device compatibility
We will do our utmost best to provide You with a good service and make it available at all times. It is however your responsibility to ensure that the mobile device is compatible to use the Service and that the mobile phone is correctly configured.
For mobile device compatibility questions please email our helpline on firstname.lastname@example.org.
4.2 Usage of Subscription Service
You understand and agree:
5 Cancellation/Termination of Subscription Service
5.1 By You
You may choose to terminate/cancel your subscription/membership to the Service. To cancel your membership, simply:
By email: email the helpline on email@example.com
By SMS: Text STOP to 60138 (standard operator messaging charges apply)
Your cancelation/termination request will be processed and your account be closed immediately. Any fees already incurred/charged will be forfeited and not refunded.
5.2 By Us
We may at our sole discretion suspend or terminate your account with or without notice to You. This includes but is not limited to, in the event of any breach of these Terms and Conditions, if You are deemed to have abused the Service. “Abuse of the Service” is defined as, but not limited to, excessive content requests leading to over allocation of system resources. In the event that we terminate Your account subsequent to breaches of these Terms and Conditions, we will have no liability or responsibility to You and will not refund any portion of Your fees charged to date.
6 Change to Subscription Service
6.1 We reserve the right from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to You. You agree that neither we nor our partners or affiliates shall be liable to You for any modification, suspension or discontinuance of the Service.
8.1 All trademarks, Service marks, trade names, domain names, slogans, logos and other indicia of origin that may appear on or in connection with the Service are the property of the Company and/or our partners and the respective licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.
9 Violation of Intellectual Property Rights
9.1 If we receive a Notice alleging that You have engaged in infringing behaviour or reasonably suspect that your use of the Service violates our Company’s or another’s intellectual property rights, we may at our sole discretion, suspend or terminate your account with or without notice to You. Also refer to the ‘Termination of Service by us’ clause above.
10 Copyright Information
10.1 The Service is for your personal use. You understand and agree that You may not transmit or retransmit, broadcast or re-broadcast or make any commercial use of the Service, including the mobile content.
10.2 We grant You a limited, non-exclusive, non-transferable, revocable right to download the mobile content to your compatible device solely for your own non-commercial use. You understand and agree that You may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the mobile content except as expressly provided in these Terms and Conditions.
10.3 You understand and agree that You may not authorise, encourage or allow any mobile content used or obtained by You to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and You agree that You will take reasonable steps to prevent any unauthorised reproduction and/or other use of them.
10.4 The Service and all applicable content may contain copyrighted and/or proprietary subject matter. Your usage of the service and its applicable content are governed by these Terms and Conditions, all applicable laws, including but not limited to intellectual property laws. Your use of the Service and its mobile content is under license.
11.1 You agree to indemnify and holds harmless, our Company, our associated partners, agents, affiliates and/or licensors, as applicable, against any improper, unauthorised or illegal uses of your account.
11.2 You understand and agree that any unauthorised use of the Service would result in irreparable injury to our Company, our associated partners, agents, affiliates and/or licensors for which money damages would be inadequate, and in such event our Company, our associated partners, agents, affiliates and/or licensors shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against You. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims our Company, our associated partners, agents, affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
12.1 You understand and agree that your use of the Service and the mobile content is at your sole risk. The Service and the mobile content are provided “as is” and without warranty by the us, our employees, our affiliates, business partners and/or suppliers, as applicable, and, to the maximum extent permitted by law, we expressly disclaim all warranties, express or implied. There is no warranty that the Service or the mobile content will meet your requirements, or that your access to same will be uninterrupted or error free.
12.2 We and our partners do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Service or the mobile content with respect to performance, accuracy, reliability, security capability, its accuracy or otherwise. You will not hold us and/or our partners responsible for any damages that result from You accessing the Service, using the Service including but not limited to any infections, or contaminations of your devices You use to access the same or to transfer mobile content that may result from that use.
12.3 Under no circumstances shall we be liable for any unauthorized use of the Service and/or content.
12.4 You agree that neither we nor our affiliates or licensors shall be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
12.5 Under no circumstances shall we and/or our partners, as applicable, be liable to You for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information and the like) arising out of the use or inability to use the Service even if we have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by applicable law in such particular circumstance.
13.1 You agree to indemnify and hold us, our associated partners, agents, affiliates and/or licensors from and against any and all claims, actions, demands, causes of action (collectively “Claims”) and other proceedings arising from or concerning your use of the Service, and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claims.
14 Law and Legal Notices
14.1 This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of the Service. You understand and agree that, except as expressly set out herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be severed and the remainder construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remainder shall remain in full force and effect. Our failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. This Agreement is subject to the laws of the United Kingdom and both parties submit to these.
15.1 Should You have an enquiry or have a dispute/complaint about the Service, you can contact us:
By email: firstname.lastname@example.org
16 Changes to this Agreement
16.1 This Agreement is correct as at the issue date mentioned above. You acknowledge and agree that this Agreement is subject to change by us at any time. In the event of changes to this Agreement, the changes shall be effective upon posting such changes to our mobile sites. Your continuation to subscribe to the relevant Service after such posting shall constitute acceptance of the new Agreement by You.
These Terms & Conditions have been issued by:
UK Credit Limited
Rm 2108, 21/F, C C Wu Bldg
302-308 Hennessy Road
Wan Chai, Hong Kong