By using this service you agree to the following terms and conditions for Dynobis Ltd. (hereinafter the ‚Service Provider‘) and are bound by them.
Swiss Post Box 105394
Email (preferred): email@example.com
Hotline: +41 (0)44 581 63 28
61-63 Lord Byron Street, 5th floor
Trade and Commerce Register no.: 338986
VAT no.: 10338986L
The Service Provider maintains a customer service for queries and complaints under the above customer service telephone number and email address from 09.00 to 17.00, Monday to Friday.
§ 1 – Service Provider’s Products
1) The Service Provider offers products for internet, print media, telephone services, SMS/MMS/WAP services and related services for mobile telephones and other mobile devices. All services are provided on the basis of these Terms and Conditions (‚T&Cs‘).
2) The services can be used by all customers possessing a mobile telephone that meets the requirements of the desired service from a technical point of view, and who are a customer of one of the mobile network operators or, as may apply, service providers via which the services can be used in accordance with the Service Provider’s specifications.
§ 2 – Entry into Force and Termination of Contract
1) Where the customer requests a specific service via SMS, internet or mobile internet, this request is regarded as an invitation to enter into a contract between the Service Provider and the customer to use the respective service at the respective price. The Service Provider may accept this invitation either by sending or, as may apply, providing the requested service or, where registration is required for the respective service, by confirming registration via SMS, internet or mobile internet.
2) Full details on terminating contracts are to be found under clause 13 of these T&Cs.
§ 3 – Performance by the Service Provider
1) The Service Provider reserves the right to amend, cancel, add to or expand, in part or in whole, services at any time.
2) Unless otherwise provided for by the respective service offer or under clause 8, the Service Provider’s obligation to perform consists exclusively in providing and (where the service in question is intended and suited for this) sending the requested service to the customer.
3) Where the Service Provider offers third-party content (see clause 8), the Service Provider’s obligation to perform consists in forwarding the content in question to the customer on receipt in accordance with the respective service.
4) Regardless of whether a service is described as free, and as such provided at no charge, so-called transport costs or, as may apply, GPRS costs for the mobile network operator may apply when downloading a service for the end customer. The price of the respective service valid at the time of downloading can be consulted in the application and content details for the service.
§ 4 – Service Provider Subscription Services
In addition to those set out in clause 3, the following rules apply to subscriptions offered by the Service Provider:
1) Any subscription may only be used by customers of mobile networks or service providers expressly specified in this connection. Each subscription only covers the type of content set out in the subscription description (for example videos, photos (images), text content, ring tones, mobile games etc.).
2) A subscription is ordered by sending the keyword allocated to the subscription by SMS and also sending a confirmation SMS (handshake), or by pressing a WAP confirmation button as consent (‚START SCREEN‘) to the speed dial number provided by the Service Provider for this purpose, or by selecting and ordering online in accordance with the instructions for proceeding. Where an expiry date is expressly specified for a subscription and no automatic extension is provided for, the subscription finishes at the end of the specified term. In all other cases the subscription is extended on expiry of the subscription period by the same period if the customer has not terminated the subscription beforehand. In the event of the subscription being extended in this way, the subscription fee is to be paid again by the customer.
3) A subscription may be terminated at the end of the subscription period at any time without the need to comply with a notice period to do so. Individual details regarding termination can be found under clause 13 of these T&Cs.
4) Transfer of the unused subscription credit to the next subscription period, or reimbursement of the remaining amount of the subscription fee in the event of termination is unfortunately not possible.
5) The customer is able to request information about their current subscription at any time. This is achieved by sending an SMS with the text ‚VIEW‘ to the speed dial number allocated to a subscription.
6) In order to be able to continue providing the customer with the desired subscription, even in the event of higher costs, for example for production or transmission, the Service Provider
reserves the right to amend the content or the price. In individual cases this may lead to the cancellation of the subscription. The customer will be informed of these cases by the Service Provider.
§ 5 – Performance by Third Parties
1) Along with its own services the Service Provider also provides ones from third parties. Where the customer makes use of such performance a contract is entered into exclusively between the customer and the third party. Provided this is required as part of the service conveyed by the Service Provider and provided by a third party, performance of the service may be subject to the condition that the customer consents beforehand to its mobile number being forwarded to this third party.
2) The rules set out in these T&Cs apply to the mediation services provided by the Service Provider in this respect.
§ 6 – Sending of Publicity, SMSs and MMSs
By using one of the services provided by the Service Provider, the customer places an irrevocable, unrestricted and indefinite order to send to it, via SMS and MMS, publicity, offers and information of any kind, as well as to provide it via direct mail, i.e. by post, by email and in any other way, with publicity, offers and information of any kind (so-called explicit OPT-IN). The indefinite and unrestricted sending of SMSs and MMSs as well as the indefinite and unrestricted sending of publicity, offers and information of any kind via post, email and any other way is regarded as explicitly approved by the customer, but this may be cancelled by emailing or calling the Service Provider at any time (OPT-OUT). Publicity covered by this clause does not include unwanted Spam.
The client states explicitly that it agrees to the contractual partners linked to the websites of the service providers, who are subject in the same way to the applicable data protection provisions and directives, being able to access all personal data (information about usage data, identity such as mobile telephone number, names, email address, postal address) of the subscriber, and its data (including personal) saved, collected, processed and also disclosed to third parties by the service providers and contractual partners. It also agrees to usage data statistics of the subscriber being evaluated anonymously, and to personal data management under the respective directives of data protection legislation and the mobile telephone companies, or with any requisite authorisation from the client.
§ 7 – Rights and Obligations of the Customer
1) The customer is required to register with the Service Provider to use such services. Where the service in question is billed via the customer’s mobile phone bill, registration takes place by sending the order code provided for the desired service by SMS, or by clicking on a pre-defined mobile internet link to the mobile network used by the Service Provider for the respective customer.
2) The customer is obliged to take appropriate precautions against misuse of its land line, internet and mobile phone connection by third parties. Where the mobile phone is lost due to being misplaced or stolen, the customer is liable for services used on its mobile phone while the loss of the mobile phone has not been reported to the telephone company. The customer is obliged to provide the Service Provider on request with his/her current details such as name, address and any changes by email, in writing or by fax. The customer shall be responsible for the use of its connection, passwords and codes in all cases. This also applies to the use of chargeable services as well as the use or misuse or his/her communication devices by third parties. The customer undertakes to keep all contractual details such as PIN codes as well as other codes and passwords, and in particular he/she undertakes to safeguard the data and prevent anyone from accessing it. In the event of these protective provisions being breached, the customer is liable for all resulting losses.
3) Where the Service Provider collects customer data on entering into the contract, the customer shall provide it truthfully. The Service Provider shall be provided with subsequent amendments to these details immediately and without being requested to do so.
4) For the majority of services it is sufficient for the customer’s mobile number to be known to the Service Provider. Where additional customer details and information are required for a specific service, this product may not be used until the customer has provided the Service Provider with these details.
5) Where the customer is provided with a password for using the service, the customer is obliged to keep this password secret. Disclosing the password to third parties is not permitted. Where the customer finds out that a third party has become aware of the password, he/she is obliged to immediately contact the Service Provider by telephone, email or in writing (see Customer Service Details at the top of these T&Cs) and arrange for the password to be blocked. Up until the customer arranges for blocking, the customer is liable for costs due to the password being used (in particular for the service being called up) unless the Service Provider is responsible for the password becoming known.
6) All services offered by the Service Provider are legally protected by copyright, trademark and other commercial protective rights. The customer is therefore only entitled to make use of services itself for private purposes as intended. The customer is prevented from passing on services to third parties. Continued use is only permitted to the express extent as permitted by the Service Provider or partner companies in question.
7) In the event of a breach by the customer of these T&Cs the customer undertakes to compensate the Service Provider for all losses caused by this breach. The customer undertakes to hold the Service Provider harmless from all claims caused by its actions and to compensate the Service Provider for all arising and resulting losses.
8) The customer accepts all applicable fees from its mobile network operator or service provider for calling up services and their transmission (in particular with services used by the customer via a mobile internet or internet connection).
§ 8 – Customer Protection with the Service Provider
1) As part of the services, the customer is furthermore obliged not to transmit any illegal content, in particular any content of the nature stated below: In particular, illegal refers to:
– Representations of acts of violence (Art. 135 Swiss Criminal Code) – Incitement to violence (Art. 259 Swiss Criminal Code) – Racial discrimination (Art. 261 bis Swiss Criminal Code) – Unauthorised games of chance under the terms of the Swiss Gaming Act or, as may apply, Lottery Act.
– The provision of pornographic services under the terms of Art. 197(3 and 3 bis) (so-called hard/extreme pornography).
All content infringing the rights of third parties is prohibited. The customer is prohibited from any form of spamming. The customer furthermore undertakes not to transfer any data likely to cause harm to the Service Provider or third parties (e.g. trojans, diallers, viruses).
2) As soon as the Service Provider becomes aware of the customer sending prohibited content in breach of the above rules, both the Service Provider and a third party engaged by the Service Provider are entitled to arrange for the immediate deletion or, as may apply, blocking of this content and take measures to prevent this content from being forwarded. In such an event the Service Provider is also entitled to terminate without notice all contracts existing with the customer. At the request of a prosecuting authority as part of an investigation into a customer, the Service Provider will provide the relevant authorities with the customer’s mobile number within the framework of the law.
3) The Service Provider only collects and processes the customer’s personal data to comply with and perform the scope of the contract entered into with the customer. Therefore with most services the customer’s mobile number is required to be stored in order to be able to actually make the product available to the customer. Additional details need to be provided and stored in order to be able to use some products.
4) Some services require third parties sending content and services directly to customers or the customer or the customer being able to directly access content held by third parties. In order to facilitate this the Service Provider will provide the third party in question with the customer’s mobile number.
5) Other than for providing services, the customer’s personal data will not be passed to third parties unless the customer has been informed of this and stated its explicit and/or implicit agreement. By calling up services from the Service Provider the customer expresses its interest in receiving information on further services. At any time the customer has the option of revoking its consent to receive information regarding the Service Provider’s services. The customer is able to do this by telephone, email or in writing (see Customer Service contact details at the top of these T&Cs) by providing the mobile number and the cancellation.
6) The Service Provider points out to the customer that the disclosure of its own or third party personal customer details (e.g. name, mobile number) to other customers as part of communications services (e.g. SMS chat) is not permitted by data protection law.
§ 9 – Customer Content (see also clause 7 (1))
1) Where the customer introduces its own content as part of a service that, depending on the type of service, is also to be made accessible to third parties, such as for example in connection with an SMS chat or other ’social media‘ and/or interactive services, the customer grants the Service Provider the right to represent, publish or distribute this content in a format corresponding to the service in question. By introducing its own content, the customer assigns to the Service Provider all rights to copy and use this content and states its agreement not to demand payment from the Service Provider for its distribution, forwarding, commercial use etc. at any time. The rights are valid for the Service Provider around the world and not restricted by time.
2) It is pointed out that with regard to content introduced and transmitted by the customer as part of the service involved, the customer passes to the Service Provider the decision of when, how and to what extent the content is provided or, as may apply, sent for other customers. Where the Service Provider redirects or, as may apply, links the customer from its website or another part of the service to external content, the above principles apply accordingly.
3) The Service Provider is entitled to amend in part or in whole products including third-party content at any time without notice.
§ 10 – Payment for Services
Provided the customer has entered into a fixed-term contract with his/her mobile network provider or service provider, the payment for the use of services is billed with the customer’s mobile phone bill. With customers with so-called pre-paid cards, payment for the service called up becomes due on use and is deducted directly from the pre-paid card. The same applies with payment methods provided by third parties (e.g. mobile network operators).
§ 11 – Warranty for Services
1) The Service Provider always strives for a high standard of quality. Where the service is in fact defective, the customer is entitled to statutory warranty rights. Where the service proves to be defective, the customer shall inform the Service Provider immediately by providing his/her mobile phone number, the order date of the service in question and the respective delivery date. The customer is able to do this by telephone, email or in writing (see Customer Service contact details at the top of these T&Cs).
2) The Service Provider makes every effort to offer the most up-to-date and operational products. In order to facilitate this, regular inspections and maintenance work are required, which may temporarily affect the availability of some or all services. From time to time there may also be problems with transmission when forwarding content and services from third parties. In this event the Service Provider makes every effort to keep downtimes as short as possible in the interest of the customer. The customer agrees to resulting disruption where proportionate.
§ 12 – Liability
1) The Service Provider is only liable for simple negligent breaches of an obligation significant for the performance of the contract by the Service Provider, its employees, agents or vicarious agents. In this event, the Service Provider’s obligation to damages is limited to immediate and foreseeable losses. There is no compensation for indirect losses or non-standard consequential losses.
2) The Service Provider does not operate its own mobile phone network. For this reason the use of third-party services (e.g. the customer’s mobile phone network operators or service providers) is required. Technical difficulties with these third parties may lead to the temporary suspension of the services or parts thereof. The Service Provider has no influence over this. The Service Provider expressly points out that is unable to guarantee the technical aspects of either the receipt of the customer’s SMSs or a service on the customer’s mobile phone.
3) The Service Provider accepts no liability if content transmitted by the customer as part of the products provided for here contains harmful data (e.g. viruses).
4) Anyone publishing advertisements on websites or in magazines belonging to the Service Provider or its contractual partners, or responding to such advertisements, is obliged to comply with the following laws and provisions.
– Swiss Data Protection Act (DSG) – Swiss Telecommunications Act (FMG) – Swiss Price Disclosure Regulations (PBV) – Swiss Obligations Law (OR) – and the Swiss Criminal Code (StGB).
In particular, illegal refers to:
– Representations of acts of violence (Art. 135 Swiss Criminal Code) – Incitement to violence (Art. 259 Swiss Criminal Code) – Racial discrimination (Art. 261 bis Swiss Criminal Code) – Unauthorised games of chance under the terms of Swiss Gaming Law or, as may apply, Swiss Lottery Law – The provision of pornographic services under the terms of Art. 197(3 and 3 bis) (so-called hard/extreme pornography).
Such content may not be made accessible to adults either who have requested prohibited content of their own initiative. The publishing of photos, images, image sequences, illustrations, sketches, drawings, comics, animations, trailers, videos, video clips, teasers, advertisements, posters, banners, links, SMS messages, MMS messages, email messages and attachments as well as representations or texts referring to or showing sexual acts with children or animals, human excreta or acts of violence are strictly prohibited. Due to the restrictions imposed on the Service Provider by the Swiss Data Protection Act (DSG) and the Federal Constitution (BV), the Service Provider is unable to accept any liability for suppliers acting incorrectly who advertise prohibited content in the Service Provider’s publications. Should the Service Provider establish that illegal information is being made available, it is entitled to exclude offending customers from further use of its services without notice. Should the Service Provider establish that advertisers are offering or making available illegal content to consumers, the Service Provider is entitled to bring legal proceedings and to exclude those responsible for any misuse from any further business relationship. In the same way, the Service Provider will act if advertisers breach the provisions for observing the age of legal protection. In the event of a breach, the offending party bears all legal and financial consequences and holds the other parties fully harmless. The offending party takes on any penalties, fines, travel costs, third-party claims etc. incurred by the other parties.
5) The Service Provider and its contractual partners are obliged to perform the services guaranteed under contract for the customer. The guarantee is restricted in accordance with the following paragraphs. With regard to rights to use specialist applications assigned to it, the customer warrants in particular that it will comply with the conditions of use established by the Service Provider in accordance with valid licence agreements as well as these T&Cs. No liability is accepted for statements and information in the advertisements, neither by the Service Provider nor its partners. The advertisers are free, responsible persons and are in no way subject to obligations. Neither the Service Provider nor its partners provide any warranty of the effective, personal contact. It cannot be ruled out that some women may live abroad and use a pseudonym. The Service Provider’s customers are likewise recommended to use a pseudonym for their own protection.
5) Exclusion of liability:
This service is used exclusively at your own risk. Any guarantees that the service or the data received meet your expectations are excluded. Moreover, there is no liability for system outages or faults resulting from use. The same applies to performance, security, correctness, reliability timeliness and similar.
§ 13 – Cancellation Right/Termination for Customers from Switzerland
Registration for the service by SMS can be cancelled:
- By sending an SMS with the text STOP, as well as the keyword provided
when registering for the service, to the number given on the service’s registration page (for example: STOP SAMPLE to number).
- By calling the hotline number (09.00 – 17.00) provided when registering for the service on the Service Provider’s registration pages (see also HELP/SITE DETAILS on the service pages).
- By sending an email to the Service Provider’s email address (see also HELP/SITE DETAILS on the service pages).
- By sending a letter by post to the Service Provider’s address (contact details can be found at the top of these T&Cs. See also HELP/SITE DETAILS on the service’s pages).
Registration for the service can be cancelled by means of mobile internet billing:
- By terminating via the service’s mobile internet site (mostly with ‚MANAGE SUBSCRIPTION‘ on the service page provided)
- By the customer page of the network operator who prepares the billing for this service.
- Cancellation is also possible by following instructions B) to D) in the above paragraph ‚SMS-based services‘.
§ 14 – Intellectual Property Rights/Copyright/Data Protection
1) The websites, images, photos, drawings, comics, image sequences, content, texts, trailers, teasers, video clips and other video material of the Service Provider and its contractual partners under the above web reference and other labels are protected around the world with no restriction to time or content. All rights remain reserved. All corresponding intellectual property rights are irrevocably available to the Service Provider or Licensor having granted use to the Service Provider. Where a customer breaches third-party licence rights in this respect and a claim is made against the Service Provider, the customer shall hold the Service Provider harmless. These T&Cs allow the downloading, saving and play-back of the unaltered programmes for personal use. Any other use, in particular the forwarding of content to third parties, is prohibited. Likewise the commercial use of the content made available is prohibited. A breach of the above provisions entitles the Service Provider and its contractual partners to the extraordinary termination of all contracts entered into with the customer. The right to claim damages is reserved.
2) Any resulting use of works protected by copyright requires the prior written consent of the Service Provider. This applies in particular to the copying of content onto additional data carriers as well as the creation of automatic collections.
§ 15 – Data Protection
The Service Provider takes every possible technical and reasonable measure to protect data stored with it. Notwithstanding this, where a third party succeeds in unlawfully gaining control of or using data stored with the Service Provider or its contractual partners, the liability of the Service Provider and its contractual partners is excluded. This also applies accordingly to the legal relationship between the Service Provider and its contractual partners.
2) Data storage and use
When registering the customer, data is stored for setting-up and managing his/her accounts. In addition, when the range of services is used by the customer, data may be stored with the Service Provider as well as third-party suppliers.
Disclosure of data to third parties:
The Service Provider uses customer data for performing the services offered in accordance with the law and contract, for maintaining the customer relationship, and for providing offers, publicity and information. The customer states that it fully agrees with the storage and use of its data by the Service Provider. The customer may prohibit the use and processing of its data for marketing purposes at any time. The Service Provider is to be provided accordingly by phone or in writing with details of the customer’s mobile telephone number and, where necessary, its email address, postal address and customer number. Where the Service Provider provides services to customers in Switzerland and/or abroad together with or via third parties, it is entitled to make available all customer details of which it is aware. It is pointed out that the retention, processing and disclosure of personal data abroad may be subject to different laws than those that apply in Switzerland. The Service Provider may forward customer data to authorities, courts and companies tasked with debt collection or credit ratings if forwarded for the assertion of claims.
Misuse of telephone and internet / Records:
When using services of the Service Provider and its contractual partners, the customer is obliged to comply with these T&Cs and the more detailed T&Cs, any agreements and statutory provisions. In particular, the services may not be used for planning or committing criminal offences. Resale is forbidden. The customer agrees expressly that in order to guarantee customer satisfaction and for the correct processing of customer claims regarding the services provided, telephone conversations (incoming orders) may be recorded, and the exchange of SMSs (connection data) may be logged. Such recordings may only be used in the event of customer claims and in officially arranged procedures. Improper disclosure to third parties is not allowed.
The Service Provider is not responsible for any content or parts thereof, or any other aspects of the service that you may find distasteful or insensitive.
§ 16 – Prohibition of offsetting
The customer is not entitled to offset claims (additional outlay) asserted by it against the Service Provider or its contractual partners with open and due invoices.
§ 17 – Arrears
On expiry of the payment period, arrears interest of 5% p.a. are owed to the Service Provider without a reminder being required (Art. 104 OR). In the absence of information to the contrary from the customer, an invoice is deemed to have been received 10 days after sending. If the customer is in arrears with payment, the Service Provider is entitled to prevent access to all of its services as well as those of its contractual partners and/or terminate the contract without notice.
18 – Service downtime
The Service Provider and its contractual partners operate the services offered with the greatest care, reliability and availability possible. Unless otherwise agreed in individual contracts, where legally possible, any type of guarantee is excluded. In particular the Service Provider and its contractual partners offer no guarantee of the services being accessible without interruption, the desired connections being capable of being established at all times, or the stored data remaining available under all circumstances. Where performance by the Service Provider becomes impossible or unreasonable due to force majeure or, as may apply, events beyond its control such as natural forces, natural disasters, measures ordered by the authorities, industrial action (including at third-party companies involved in providing the services), loss of means of transport or energy, terrorist attacks, war, civil war, other armed conflicts, lock-out, short supplies, online attacks on the technical infrastructure of the Service Provider or its contractual partners as well as other unforeseeable circumstances, or is destroyed, adversely affected, hampered, delayed or rendered impossible due to the loss of third-party performance or, as may apply, outages to the hard- or software of the Service Provider or its contractual partners, the obligation to perform of the Service Provider or, as may apply, its contractual partners is suspended. Downtime provides no entitlement to damages. The above statements also apply accordingly to the legal relationship between the Service Provider and its contractual partners.
§ 19 – Customer Service
The Service Provider maintains a customer service in accordance with the information at the top of these T&Cs (see ‚Customer Service Contact‘).
§ 20 – Amending the TERMS AND CONDITIONS
The Service Provider reserves the right to amend the TERMS AND CONDITIONS at any time and adjust the current performance. The customer will be informed of amendments in an appropriate manner.
§ 21 Severability Clause
Where individual clauses of these conditions of use are invalid or partially invalid, the effectiveness of the remaining provisions remains unaffected. In lieu of the invalid rule, a provision shall apply that comes as economically close as possible to the sense and purpose on the invalid rule and is allowed by law. The same applies to gaps in the provisions.
§ 22 – Jurisdiction and Applicable Law
Sole jurisdiction for disputes arising from this legal relationship lies with the normal courts for the company’s head office – subject to Federal Law requiring other jurisdictions. This legal relationship and any resulting rights and obligations are subject exclusively to the laws of Cyprus, with the exclusion of renvoi due to international private law.
Larnaca, 1 April 2015