
Terms & Conditions
I.RESIGNATION FROM THE SERVICE
1. Send an email to the address info-pl@mobileinfo.biz
2. Call the Infoline 800 007 173 (local rate)
3. Send an SMS with the text STOP G2U to the number:
a. For the operator Orange: 80708 (0 zł)or
b. For the operators T-Mobile, Plus: 80425 (0 zł)or
c. For the operator Play: 191 (0 zł)
II.GENERAL PROVISIONS
1. These Terms and Conditions (hereinafter “T&C”) set forth general terms and conditions of using payable multimedia service of Games2U, which is a service constituting additional benefit to telecommunications service provided within value added service, designed for mobile phones (hereinafter “Value Added Services”). The Games2U service allows for enjoying over 100 games online. No need to download multiple apps. (hereinafter “Service”).
2. The service provider (hereinafter “Organiser”) and entity providing the Service is: Innomovil Pte. Ltd., 10 Jalan Besar, #10-02 Sim Lim Tower, Singapore 208787, registered in the commercial register in Jalan Besar, Singapore under 201102952R with VAT ID 201102952R., WWW: Innomovil.co, email: support@innomovil.co, phone: +91 124 4928000, fax: NA.
3. Value Added Services and the Service specified in the T&C are intended for users of mobile phones or other devices with functionalities described in the T&C or on WWW pages or in other materials relating to the Service. The User should be authorised to use a mobile phone within a scope permitting him/her to use Services. The Service can be used by Users with an active SIM card within the networks of Orange, Plus, T-Mobile & Play, whose mobile phones or other devices are compatible with all Android & iOS devices.
4. Users shall use the Service within the boundaries of the law prevailing in Poland, in accordance with the T&C.
5. Every User upon joining Games2U shall acknowledge the T&C, which sets forth the current terms and conditions of the Service.
6. The terms and conditions of Games2U and Value Added Services as set forth herein, relate to personal, non-commercial use (e.g. for the purpose of business activities). The User shall use the Service in accordance with the prevailing law.
7. Contents made available to the User within the framework of the Service and the Value Added Services contain materials protected under law, including copyrights and industrial property rights, in particular trademarks and works. The arrangement and choice of contents presented in the Service may also comprise an independent subject of protection in accordance with the Polish law, including in particular the Act on Copyright and Related Rights of 4 February 1994 (Journal of Laws of 2006, No. 90, item 631 as amended), Act on Protection of Databases of 21 July 2001 (Journal of Laws No. 128, item 1402 as amended) and the Act – Industrial Property Law of 30 June 2000 (Journal of Laws of 2003, No. 119, item 1117 as amended).
8. The User has the right to use contents made available within the Service, in particular Multimedia Objects solely for the purposes and within the scope as specified in section 6 above and Art. VI section 2 hereof. In particular, works (Multimedia Objects) cannot be copied, published, displayed, sent or disseminated in any manner whatsoever without prior written contents of the Operator, save for cases of use authorised by virtue of law.
9. Whenever the following terms are used in the T&C, they shall be understood in the following manner:
a. SMS (Short Message Service) – means a short text message consisting of no more than 160 characters (letters, digits, special signs), which can be sent to any mobile phone, comprising the contents entered by the sender and allowing for identifying the sender’s mobile phone number.
b. Registration means an order (activation) of the Service prior to which the User obtains information about the Service and expresses relevant consents in manner described in Art. III below, and the Service is activated through the Activation Page to which the user will be redirected. In order to place an order, the User must read the content presented on the Activation Page and follow the instructions indicated on it. If you activate one-time access, access will expire after one week. In case of Services with a cyclical character (subscription), the User goes through the content order process only at the first time when ordering the Service. Access to the Service will be extended automatically in subsequent cycles until deactivation. Registration to the Service is tantamount to acceptance of the Regulations and the Privacy Policy. After registration to the Service, the User will receive a free welcome message confirming that the registration to the Service has been successful.
c. The Games2U Service is provided as a subscription with auto renewal service.
The Service consists of unlimited gameplay access to the portal with many exciting online action and adventure games at pl.games2u.net, defined in the Art. II section 1 of the T&C.
A cyclical service is a weekly subscription service, which renews automatically until the moment of resignation from the Service. DELETE/AMEND AS APPROPRIATE
d. Multimedia Objects – mean all types of digital content of a multimedia/entertainment character, not supplied on a tangible medium, including digital products, which may be available within the Services, including: wallpapers, images, music/Mp3, videos, etc. Multimedia Objects include materials protected by law, including copyrights and industrial property rights, in particular trademarks and works. The provisions regarding Multimedia Objects apply to other contents, respectively, if such contents are available within the Service in accordance with Art. II section 1 of the T&C, unless required otherwise under the T&C or due to the features of such contents. The download of a Multimedia Object and access to the Service is possible by opening pl.games2u.net on your mobile web browser.
An internet connection is necessary to use the multimedia content received as part of the Service. Data transmission charges are not included in the service fee. If the use of the Service requires the User to download data using GSM transmission, these fees will be charged by the Operator in accordance with the current price list of the contracted Operator.
e. User – means an adult individual, using the Service under the T&C; individuals with limited legal capacity can use the Service on condition that a statutory representative of such individual consents to such use and individuals without legal capacity – on condition that their statutory representative acts on their behalf.
f. WAP (Wireless Application Protocol) – means an international standard for the delivery of Internet messages and advanced phone services via mobile phones and other digital terminals.
g. Operator – means a telecommunications entrepreneur in the understanding of the Telecommunications Law, who conducts business activities comprising the delivery of public telecommunications networks, accompanying facilities or delivery of telecommunications services, for whose subscribers the Services are available.
10. The Multimedia Objects made available to the User within the scope of the Services relates to digital content not supplied on a tangible medium.
III.REGISTRATION AND ACCESS TO THE SERVICE
1. In order to use the Service, the User must place an order / register on the on WWW Page or WAP page (hereinafter “Activation Page” to which the User will be redirected. The User must read the content presented on the Activation Page and follow the instructions indicated on it. Registration in the Service is tantamount to acceptance of the Regulations and the Privacy Policy.
Immediately after placing the order, the User is presented with the order confirmation page and with the option to go directly to the portal.
In addition, in case of a subscription service/cyclical access also immediately after placing the order, the User receives a welcome SMS message confirming that the activation of the access service was successful, T&Cs of the Service, price and instructions on how to deactivate the Service.
2. Within the scope of the Service, the User shall receive unlimited access to the portal with exciting action and adventure games with no need of downloading any apps at pl.games2u.net, defined in Art. II section 1 of the T&C.
DELETE/AMEND AS APPROPRIATE
A cyclical service is a weekly subscription service, which renews automatically until the moment of resignation from the Service. The cost for the access to the subscription service is PLN 12 gross per week (you will be charged one time PLN 12 gross per week. The fee will be charged every week from the moment when the Service is activated.
- If the period is a week, it should be stated:
Weekly / tygodniowym
For a week / na tydzień
- In the last sentence:
The fee will be charged every week from the moment when the Service is activated.
if the period is a week, you should use the following wording: tygodniowych
Opłata będzie naliczana w tygodniowych odstępach od momentu aktywacji Serwisu.
if the period is expressed in days, you should use the following wording: co 7 dni
Opłata będzie naliczana co 7 dni od momentu aktywacji Serwisu.
if the period is expressed in weeks but the service is charged 2 times per week, you should use the following wording: 2 razy na tydzień
Opłata będzie naliczana 2 razy na tydzień
od momentu aktywacji Serwisu.
The fee will be added to the account with the User’s Operator (subscription phone) or deducted from the account balance (prepaid phone).
An internet connection is necessary to use the multimedia content received as part of the subscription. Data transmission charges are not included in the service fee. If the use of the Service requires the User to download data using GSM transmission, these fees will be charged by the Operator in accordance with the current price list of the contracted Operator.
3. During Registration, and before the Service is activated in manner described in section 1 above, the Organiser shall provide to the User on WWW Page or WAP the following information and options:
a. The Organiser shall provide to the User at least information about:
i. main features (description) of the Service and the method of communication with the User,
ii. information about the Organiser as an entrepreneur,
iii. the amount of fee for the one time service and/or the subscription service
iv. duration of the agreement and possibility of termination of the Service at any time and without additional fees, and method of service deactivation.
b. On the Activation Page the User will be asked to confirm that they:
i. are entering into an obligation to pay for the Service via the User’s mobile number,
ii. acknowledge and accept the contents of these T&C,
iii. acknowledge and accept the contents of the terms and conditions of the Operator,
iv. agree to the immediate performance of the Service prior to the end of the 14 day period for withdrawal from the agreement, with the consequence that the User loses their otherwise existing right of withdrawal (see Article V).
4. Upon explicit confirmation of statements specified in section 3. b above by the User, and having activated the Service in the manner described in section 1 above,
- in case of a subscription service/cyclical access, the User shall receive directly after the registration to the Service a free welcome message confirming that the registration for the Service has been successful, the cost of the subscription Service for the week, description how to terminate the Service and a link to the T&C, considered as confirmation of the fact that the Service agreement has been concluded and consent granted for delivery of digital contents in circumstances resulting in the loss the right to withdraw from the agreement. The User shall also receive the first payable access to the WEB/WAP page from where the User can download the offered Multimedia Objects within the subscription.
5. If the use of a particular Service requires a device (including a phone) with special functionality, if Multimedia Objects are not interoperable with some types of phones and in other similar situations regarding the functionality of digital contents or their interoperability with a phone or other device or software, the Organiser shall provide the User clear information in this respect via WWW Page or WAP.
6. The subscription Service can be de-activated any time by sending an SMS with STOP G2U to a special number indicated on WWW Page or WAP and in SMS sent to the User upon activation of the Service.
IV.FEES IN Games2U
The User shall be charged with a fee for receiving access within the Service activated by him according to the abovementioned frequency.
a. The STOP SMS can be sent only from the User’s MSISDN from which the Service was activated or from the MSISDN indicated on WWW Page or WAP within the registration process.
b. Fees are charged by Operators. The method and dates of payment depend on the content of the agreement for delivery of telecommunications services between the User and the Operator and are subject to the terms of such agreement.
c. Fees for the Services do not include fees of WAP connections, if it is necessary for the User to download data using WAP transmission to be able to use the Service. Fees for WAP connections shall be charged by the Operator apart from the fees for the Services according to the current pricelist of the Operator.
V. RIGHT OF WITHDRAWAL
1. In principle, the User has the right to withdraw from the agreement relating to the Service within 14 days without giving any reasons, this calculated from the day of the conclusion of the agreement.
2. The User, however, loses this right of withdrawal in the event that
a. the agreement concluded relates to the delivery of digital content not supplied on a tangible medium,
b. the User requests the immediate delivery/performance of the digital content prior to the end of the 14 day withdrawal period, and is informed by the provider of such content that in this case, they will lose their right of withdrawal.
VI. OTHER RULES REGARDING USE OF Games2U AND VALUE ADDED SERVICES
1. In order to use the Service and download the Multimedia Object by the User (or to use other contents available within the Service), the User shall:
a. ensure that the phone device to which the Multimedia Object is received, downloaded or played by the User, is properly set up (in particular data transmission of WAP Push reception options are enabled),
b. ensure - before downloading a Multimedia Object - compatibility (interoperability) of the Multimedia Object with the phone’s model to which the Multimedia Object is received, downloaded or played and if the Service involves any limitations in this respect, the User shall be informed about such limitations in an explicit manner before ordering the Service;
2. The User receiving a Multimedia Object within the scope of the Service has the right to use the Multimedia Object in relation to the downloaded Multimedia Object made available as a mobile file for a mobile phone or other end device as referred to in Art. II section 3 of the T&C and to save it in the device’s memory for multiple use for indefinite or definite time, depending on the chosen Object (and in case of time limitations or other limitations than those specified directly in the T&C, they are specified in the description of a Multimedia Object and in information provided to the User in accordance with Art. III section 5.a of the T&C). The User is granted access to use Multimedia Objects solely for private use (i.e. the use of the person who is provided with the Service). The above means in particular that it is not permissible to use Multimedia Objects for commercial purposes, also it is impossible to use Multimedia Objects for business activities, re-sale or to make Multimedia Objects available to third parties in other manner, within a scope exceeding permitted use as stipulated in the Act on Copyright and Related Rights.
VII. SERVICE QUALITY AND COMPLAINTS
1. The Organiser warrants that the Services, including Multimedia Objects, shall be available to the User in due manner and free of any defects.
2. The Organiser shall be liable for the diligent performance of the Service upon the terms and conditions as set forth in the Civil Code.
3. Complaints shall be considered by the Organiser immediately, however, no later than within 14 calendar days from the date of receipt. Complaints must be lodged by email to: info-pl@mobileinfo.biz or in written form to the address of the company’s office with a note “Complaint – Games2U”. For further information call 800 007 173.
4. To streamline the process of lodging and considering complaints, the complaint should specify MSISDN, short description of the problem and the User’s particulars allowing for contacting him/her (including: name and surname, postal address or email).
5. The Organiser shall respond to the User’s complaint to the email or by post to the address as indicated by the User in the complaint.
6. The Organiser shall not provide post-sales services.
7. The Organiser represents that the Code of Good Practices with regard to safe use of mobile phones, which can be accessed at http://www.gsma.com/gsmaeurope/wp-content/uploads/2012/04/polandcoc.pdf is adhered to by the Organiser.
8. The Organiser shall not require a deposit or any financial guarantees to be established in connection with the fact that the Services are ordered and used by the User.
VIII.FINAL PROVISIONS1. Introduction
1. The T&C are available in the Organiser’s office and on the following website: pl.games2u.net.
2. In connection with the functioning of the Service, the Organiser shall keep in his databases the MSISDN of the mobile phone from which a call has been made for a period as required by relevant provisions of law, in particular for a period which allows for considering the complaints lodged or other claims concerning the Service. The Organiser cannot identify the User through his/her MSISDN.
3. If the User provides his/her personal data, such data shall be processed by the Organiser in accordance with applicable data protection laws, including the Personal Data Protection Act. The controller of the Users’ personal data is the Organiser. The data can be also processed at the request of the controller by DIMOCO Payments GmbH with registered seat at Campus 21, Europaring F15/302, 2345 Brunn am Gebirge, Austria. The particulars of the Users shall be processed within the scope and for purpose necessary for the delivery of the Service (also for the purpose of considering complaints), and after the Service is completed, the Users’ data shall be removed, unless the necessity of saving certain data for a period longer than the delivery of the Service arises out the provisions of law. The provision of data is voluntary. Users have, amongst others, the right to view, to correct and also to demand deletion of their personal data. If a User demands a deletion or correction of his/her personal data, he/she may do so by sending an email to support@innomovil.co, indicating in the subject the demand together with MSISDN. Such demand can also be sent in written form to the address indicated in Art. II section 1 of the T&C.
4. Disputes, if any, arising out of the Service agreement shall be resolved by a competent common court. If the User and the Organiser agree, the dispute can be resolved outside the court, in particular by a regular consumer arbitrary court as agreed by the Parties.