AGB

Gomobee LTD
Triq ix-Xatt, 263, Level 3 Gzira, GZR 1020

1. General

1.1 The following provisions, which you accept by ordering the respective service for a fee, describe the conditions under which you can use the mobile data services and digital content offered by Gomobee LTD Triq ix-Xatt, 263, Level 3 Gzira, GZR 1020(collectively below “Products”) via the Internet, WAP, via SMS, MMS via other usage technologies on your mobile device.
1.2 If we change these Terms and Conditions to your disadvantage, we will notify you of those changes on our website and electronically. The changes will be deemed approved if you do not object within one month of receipt of the notification. We will draw your attention to this right of objection again in our change notification. In the event of an objection, the contract will be continued under the previous conditions.
1.3 If, in response to your objection, we inform you that it
is not possible to continue under the previous conditions, you can revoke the contract for the respective service within one month – unless shorter statutory notice periods are specified anyway
unsubscribe from this notice. The amended Terms will be deemed approved if you do not exercise this right to terminate. We will draw your attention to this consequence in the notification. If the prices are adjusted to your disadvantage due to an increase in sales tax, you are not entitled to object.
1.4 We or the third party calculate sales tax at the rate applicable at the time the service is provided.

2. Provision of the Products by Gomobee LTD 

2.1 Gomobee LTD offers various products for downloading, displaying, and using on mobile devices, in particular mobile phones, smartphones, and tablets as well as PCs. These are products from our own production as well as licensed products from third parties. The provider has no influence on the content of third-party licensed products. An editorial review or processing by the provider does not take place.
Gomobee LTD assumes no liability for the topicality, completeness, or correctness of the information and digital content transmitted within the scope of services and service content or their timely and error-free technical transmission.
2.2 The user can access some products free of charge after registration. Other Products are chargeable. The usual connection tariffs of the connection provider, eg the Internet or mobile phone provider, apply for access to the various offers. In the case of large-volume data transmissions, we recommend taking out a flat-rate data tariff with your mobile phone provider or using the wireless network interface (WLAN) in order to keep data transmission costs as low as possible.

3. Conclusion of contract

3.1 The provider offers various procedures for ordering products, which are described in detail in connection with the respective product in the product catalogs on the Internet, in printed brochures, in WAP, on TV, or in other media.
3.2 The chargeable products can be purchased as a single product order in a single purchase or as a continuing obligation in the form of subscriptions. Subscriptions can be a specified number of so-called vouchers or credits, which entitle you to download, use and receive or access the above-mentioned products to the extent specified in the product description per billing period. The type and number of vouchers depend on the selected subscription model (weekly subscriptions, monthly subscriptions). Info services can have the content of a regular dispatch of information (e.g. daily weather report) or an event-based dispatch of information (e.g. Torticker). The provider has no influence on the maximum possible amount of information for event-based services.
Complimentary products can either be combined with the completion of an individual purchase or
Subscriptions can be granted as an extra or offered independently.
3.3 By requesting a product from a subscription offer or as a single purchase, the user makes a binding offer to use the selected product at the current price. With the acceptance of the offer by the provider either by a) sending a product or the first product from a category subscribed to by the user to the user (e.g. transmission of a ringtone, transmission of an SMS Info News) or a license key or b) by enabling the user to download the product (e.g. by sending a WAP push link or a download PIN) or c) activating access to this product for the user (e.g. by activating the MSISDN for this product) occurs between the Provider and the user a contract (hereinafter “contract”).
3.4 If the user purchases a supplier product, ie
products that are not sold via electronic media, directly or through third parties, a contract based on
these terms of use are already concluded at the time the product is purchased from the retailer
.
3.5 Unless a fixed term has been agreed upon, the term of a continuing obligation (subscription) is based on the billing period of which the user was informed when placing the order. After each billing period, the subscription contract is extended by a further billing period and remains in effect until it is terminated in accordance with Section 7 of these Terms of Use.
3.6 The granting of the vouchers and the provision of the download, reception and Access options are offered at a weekly or monthly total price, depending on the subscription model selected. This total price for a billing period is due regardless of whether and how the customer uses the offer, i.e. in particular if the customer does not use the vouchers that have been granted or does not use them in full. Activating access or enabling downloads or use also represents the fulfillment of the contractual obligation to perform. The user decides when and how the product content is actually accessed. The vouchers granted are reduced by actually downloading products. Depending on the subscription model selected by the customer, the unused vouchers in a billing period are either carried over to the next billing period and remain in the customer account until they are used or the subscription contract ends due to the expiry of time or is terminated by cancellation, or they expire at the end of the relevant period billing period. If the number of downloadable vouchers made available in accordance with the subscription agreement is exceeded for the billing period, the customer will pay for the additional downloads at the retail price specified in connection with the relevant products. the subscription contract expires due to the passage of time or is terminated by a cancellation or they expire at the end of the relevant billing period. If the number of downloadable vouchers made available in accordance with the subscription agreement is exceeded for the billing period, the customer will pay for the additional downloads at the retail price specified in connection with the relevant products. the subscription contract expires due to the passage of time or is terminated by a cancellation or they expire at the end of the relevant billing period. If the number of downloadable vouchers made available in accordance with the subscription agreement is exceeded for the billing period, the customer will pay for the additional downloads at the retail price specified in connection with the relevant products.
3.7 The subscription offers are subject to change. We reserve the right to make extensions and restrictions, even with ongoing subscriptions, in relation to content and prices, e.g. if the costs for content, services or transport increase. In the case of price and
offer changes, the provisions of Section 1.2 of these General Terms and Conditions apply accordingly. Vouchers can only be redeemed for vendor products.
3.8 Changes to or restrictions on the services offered by the provider have no effect on the existence of the mobile phone contract with the mobile phone provider.
3.9 The provider reserves the right to reject abusive user requests.

4. Rights and Obligations of the User

4.1 The user is obliged to provide the required information truthfully and completely when registering. The user also undertakes to update his information immediately and without being asked if changes occur.
4.2 Only the user registered with the provider is personally entitled to use the provider’s product range via the provider user account assigned to him. The user is not authorized to allow other people to use it. The user undertakes to keep communicated passwords, PINs, etc. secret and not to pass them on to third parties. As soon as the user becomes aware that third parties have had or have access to the password, he is obliged to immediately block his provider user account by sending an e-mail to the provider’s customer service (loovafit@silverlines.info). Insofar as the access or the forwarding of the password is not due to the fault of the provider, the user bears the costs of the retrieved provider products up to the point in time
4.3 All products of the provider are subject to copyright protection and trademark protection. The user is entitled to save the products on his mobile phone. Any other storage, in particular transfer to another mobile phone, is not permitted. Copying or other duplication or further processing of the products purchased by the user is also not permitted.
4.4 The user is obliged to use all content that he receives via the products exclusively for personal and private use unless otherwise agreed in individual cases. The products are subject to copyright and trademark law. The user is entitled to save the products on the mobile phone. Any other storage, in particular the transfer to another mobile phone is not permitted. Further processing or copying of the products is also not permitted.
4.5 If the user is given the opportunity to send or publish content himself via the services offered or mediated by the provider, the user is responsible for the legality and youth protection conformity of this content. It is expressly forbidden to send or otherwise transfer content that violates criminal law, touches on other illegal or immoral topics (e.g. violence glorifying, sexist, racist, pornographic, or National Socialist), or refers to publications with illegal or immoral topics. The provider reserves the right to stop using the services without further notice and to remove the content in the event of violations of these specifications. 4.6 All products of the provider may only be used privately. Commercial use is only permitted with the prior written consent of the provider.

5. Vendor Limitation of Liability

5.1 The provider is liable for damages for intentional and grossly negligent conduct by its own organs and vicarious agents, as well as for damage resulting from injury to life, limb, or health, regardless of the degree of fault. The provider is also liable for slight negligence on the part of the organs and vicarious agents in the event of impossibility, delay in performance, non-compliance with a guarantee, or the breach of another essential contractual obligation; Essential contractual obligations are those that you can regularly rely on being observed or that make the execution of the contract possible in the first place. In the event of a slightly negligent breach of the aforementioned obligations, liability is limited to such damage that is typical for the contract and which the provider could reasonably have expected when the contract was concluded. Any liability for damages on the part of the provider that goes beyond the liability according to the aforementioned rules is excluded. The aforementioned limitations of liability also apply in favor of the company’s own organs and vicarious agents. Claims under the Product Liability Act remain unaffected.
5.2 Insofar as the provider provides telecommunications services for the public, according to § 44a TKG for purely financial losses that were not caused intentionally, the liability towards the individual customer is limited to the maximum amount of EUR 12,500, towards the entirety of the injured parties to the maximum amount of EUR 10 million per damage-causing event. If, in the latter case, the compensation that has to be paid to several parties as a result of the same event exceeds the specified maximum limit, the compensation will be reduced in proportion to the sum of all claims for compensation and the maximum limit.
5.3 The aforementioned limitations do not apply to damage resulting from injury to life, limb, or health that is based on breaches of duty by the provider or his legal representatives or vicarious agents or in the case of mandatory statutory regulations.
5.4 The provider is responsible for the fastest possible dissemination of current information and requested products. Since the provider has to use the services and distribution channels of third parties, the constant availability of which it has no influence, it assumes no guarantee for the delay-free transmission of the products ordered or subscribed to by the user via the distribution channels/lines maintained by third parties. The provider is not liable for a temporary or permanent interruption of data transmission to the mobile phones of the users unless this is due to a circumstance for which the provider is responsible. In addition, the provider assumes no liability for the constant availability of the services, eg in the event of a failure of the transport provider, or for certain information. In particular, the provider reserves the right
5.5 The provider uses hyperlinks to refer to other WAP and websites over whose content and design the provider has no influence. These hyperlinks are merely a way of providing access to third-party content or products. The provider assumes no liability for the form and content of these linked WAP and web pages. If the provider becomes aware that WAP and web pages to which reference is made or content posted by the user on the provider’s systems contradict applicable law or so-called “netiquette”, the provider will, after examining the situation, take the appropriate remove hyperlink.
5.6 In order to use the Provider’s products, it is often necessary to use certain technical systems, such as end devices (e.g. mobile phones), software programs, transmission paths, telecommunications, and other third-party services, which may incur additional costs for the user, in particular connection fees. These are to be remunerated separately by the user. The provider does not provide such end devices, software programs, transmission paths, telecommunications, or other services and assumes no guarantee or liability for them.

6. Fees

6.1 The provider offers different products for different products depending on the ordering method Payment options, including, for example, billing via vouchers, the landline or mobile phone bill, prepaid credit, credit card, bank transfer, direct debit/direct debit, via a third-party payment system (e.g. Google or PayPal) or via your provider user account. The payment options are explained when ordering the specific product. Credit and vouchers on the provider user account can only be redeemed in provider products. The current final prices for the various subscription contracts, including VAT and any additional costs incurred, are specifically stated in connection with the corresponding products and the selected ordering method.
6.2 In order to use the products, it is sometimes necessary to use certain technical systems such as end devices, software programs, transmission paths, telecommunications and other third-party services and, if necessary, to maintain user accounts with third-party payment systems, which may result in additional costs, in particular connection fees. These are to be remunerated separately by the user to the respective third-party provider. For extensive downloads, we recommend booking a corresponding data option for the mobile device or using WiFi access.

7. Termination

7.1 Termination by either contracting party is possible in writing at any time without giving reasons. The user can terminate the contract in writing to Gomobee LTD
Triq ix-Xatt, 263, Level 3 Gzira, GZR 1020, by sending an email to
loovafit@silverlines.info, or by calling the hotline at 08005895405 (EUR 0.00/min.) and also in the customer area of ​​provider’s website.
If no minimum term has been agreed, the termination will take effect immediately. If a minimum term has been agreed, the termination will take effect at the end of the minimum term.
7.2 The user can, especially in the case of subscription contracts, by the provider without notice be terminated if he misuses products or
uses them in violation of essential obligations, in particular from Section 4 of the Terms of Use, or violates common decency or rules on administrative offenses and penalties or violates the absolute rights of third parties. It can also be terminated extraordinarily if
(a) the user stops making payments after a corresponding announcement or does not pay open invoice amounts without reason after default,
(b) the user seeks a debt moratorium with his creditors,
(c) a procedure for submitting the affidavit is initiated against the user, insolvency proceedings are opened against his assets or there is another significant deterioration in the user’s financial situation, which gives reason to fear that he will not be able to meet his obligations temporarily or permanently, it unless he provides an appropriate security deposit within 10 days after a corresponding request,
(d) the user defaults on the payment of his due invoice amounts and a continuation of the contractual relationship is unreasonable. With the extraordinary termination, all demands and claims from the contractual relationship become due immediately. The user account will be blocked. The user must compensate the provider for all damage caused by the misconduct that led to the extraordinary termination and indemnify the provider against any claims made against the provider by third parties, including the
costs of legal prosecution.

8. Privacy and Use of Data

8.1 The provider is entitled to use the data received from the user as well as the data that arise in connection with the use of the service in accordance with the statutory To collect, process, and use provisions to the extent that they are necessary for the smooth running of the service and the processing of the contractual relationship. If the services are provided by a third party or if a contractual relationship is concluded with a third party, the provider is entitled and obliged within the framework of the legal requirements to transfer your data to the provider of the service to the extent necessary for the fulfillment of the contract and billing. These are primarily your customer number and your mobile phone number as well as the time at which the service was used and the price to be paid. The provider will not transmit any inventory, connection, or content data to third parties without your express consent unless the provider is legally entitled or obliged to do so.
8.2 When processing the data and providing the service, the provider will observe telecommunications secrecy, the Federal Data Protection Act (BDSG), the Telecommunications Act (TKG), and other relevant data protection laws.

9. Protection of minors

The provider attaches great importance to compliance with youth protection regulations. Access to content harmful to young people or the use of offers only suitable for adults is only possible and permitted after prior age verification within the framework of a closed user group. To access the closed user group, identification and Customer authentication is required to ensure they are of legal age. Customers who could not identify themselves when concluding their mobile phone contract or who cannot additionally authenticate themselves when accessing the services cannot be granted access to the closed user group. Any request messages sent that do not lead to a product delivery due to youth protection regulations must still be paid for. The provider assumes no liability for the correctness of the identification of the customer within the framework of providing access to a closed user group, provided that this identification was not made in the sphere of the provider. The user himself must ensure that he had a personal ID check carried out by the contractual partner (e.g. the mobile phone provider or a third party commissioned by him) when concluding the contract on which the age verification system is based. The provider is not liable if false identification documents are presented or if the identity is otherwise concealed.

10. Governing Law and Jurisdiction

10.1 All legal relationships between the provider and the user are
exclusively subject to German law to the exclusion of the UN Sales Convention.
10.2 If the user is an entrepreneur, a legal entity under public law, or a special fund under public law, Berlin is agreed as the exclusive place of jurisdiction for all disputes arising from these terms of use and from contracts of which they are a part.
If you have any questions about the Terms of Use, please contact us
• by email at loovafit@silverlines.info
• by phone at 08005895405 (EUR 0.00/min.)
• by mail at Gomobee LTD
Triq ix-Xatt, 263, Level 3 Gzira, GZR 1020