TERMS AND CONDITIONS OF SERVICE

PLEASE READ THIS DOCUMENT CAREFULLY BECAUSE IT CONTAINS THE TERMS AND CONDITIONS (HEREINAFTER “T&C”) THAT WILL APPLY TO YOUR USE OF OUR WEBSITE AND THE SERVICES OFFERED THEREIN. THESE T&C HEREBY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. NAVIGATION ON AND USE OF THE WEBSITES, THE SERVICES AND THE ELECTRONIC COMMUNICATION CHANNELS OFFERED (HEREINAFTER, SITES AND CHANNELS SHALL BE DEFINED ALTOGETHER AS THE “WEBSITE”) REQUIRES FULL ACCEPTANCE OF THESE T&C IN ORDER TO USE THE SINGLE SERVICES AND/OR CONTENT (HEREINAFTER “SERVICES”) AVAILABLE ON THE WEBSITE AND/OR IN ANY OTHER MEMORANDUM, LEGAL NOTICE, BRIEFING OR DISCLAIMER WHEREVER PUBLISHED ON THE WEBSITE. IF YOU DO NOT HAVE THE INTENTION OF ACCEPTING THESE T&C WE KINDLY REQUEST THAT YOU DO NOT USE THE WEBSITE OR THE SERVICES OFFERED THEREIN.

Welcome to VITTALIA INTERNET SL. These T&C contain the agreement between you and VITTALIA INTERNET SL, regarding your use of the Website and the Services.

Hereinafter, with the term “T&C” we shall refer to the set of general rules for the use of the Website and the Services, as well as any special conditions that govern the use of each single Service, in addition to any other memorandum, legal notice, briefing or disclaimer wherever published on the Website. The Privacy Policy, the section on Info & Costs and any other additional conditions that may apply shall be considered an integral part of these T&C.

Regarding Services provided by third parties on our Website or Services provided by third party Mobile Carriers in collaboration with us and when using wireless or mobile services in general, we would like to remind you that you are subject to the terms and conditions and tariffs applied by the abovementioned third parties. Please take note of such conditions and prices applied directly by your Mobile Carrier.

DEFINITIONS

Access Codes – refer to the authentication credentials needed to access the Website or the Service, such as your username (which may coincide with your mobile number or other data requested when you registered and/or requested the activation of the Service) and your password (which may coincide with the PIN number sent to you on your mobile phone during the Service registration or activation phase).

Content – refers to any audio file, video, image, text, information and content in general and/or IT element including, but not limited to ringtones, wallpapers, games, music, animation, newsletters, sms messages, databases, designs, branding, trademarks, logos, technical knowhow, graphics, format, structure and any other copyrighted or legally protected element, already created or to be created, published on the Website and/or made available to Users and/or anything else that can be used by Registered Users or Subscribed Users;

Content Published by Users – refers to audio and/or video content, images, text, information and in general any and all content and/or material published and/or posted in the special sections reserved for the publication of materials and information on the Website by Registered Users or Subscribed Users, or posted through the Services, at those Registered Users’ or Subscribed Users’ exclusive liability;

Wireless Device – refers to mobile phones and in general to any device that, regardless of other functions (such as voice, text and data exchange services or any other form of communication) that the Users uses for the activation of the Services and/or the supply of the Services;

Mobile Carrier – refers to the third party carrier with which the User has a contract for the supply of wireless telephone services for the Wireless Device used for the Services;

Trademarks and Rights - refers to trademarks, logos, brands and all other distinctive marks;

Services or Service – refers, individually or collectively, to any Service and all the functions associated with the Service, offered on the Website either free of charge or through payment directly by us or by third parties with our cooperation. The term Service includes, in particular, the Website and the services, functions and features that are offered therein and made available to Users. The term Service also includes pay services offered to mobile users by Mobile Carriers in collaboration with Europe Telcos Adapted, as the Content provider;

Website – refers to the internet site reachable at the internet address au.mobibom.net but also all other internet addresses (e.g. URLs, domain names and pages) and WAP channels that the Company controls or manages and that are used to offer or provide Services, as well as all mirrors, substitutions and backups and all the web pages that the sites include;

Company – refers to VITTALIA INTERNET SL;

Territory – refers to Australia;

User – refers to anyone who uses the Services or the Website (and includes without limitation a Subscribed User, a Registered User and a Visiting User);

Subscribed User – refers to a User who has subscribed for the Services reserved for paying Users, according to the conditions present in the T&C and the Info & Costs section. Subscription to a Service requires registration on the Website;

Registered User – refers to a User who subscribes providing personal information to obtain access to use some of the Services that are not available to general Users, but only available to Users who have registered on the Website;

Visiting User – refers to a User who navigates on the Website and/or who uses the functions and/or the Services available to general Users who are not required to register on the Website or subscribe to any Service.

Use – refers to activities carried out by the User, directly or indirectly, with or without the use of instruments or applications, such as accessing, requesting access, interacting, using, viewing, navigating, printing, copying, transmitting, receiving, exchanging information or communications with our Services and with the Website or with any User, company or entity through the Services and in general any interaction with any feature, function or aspect of the Service and/or Website in any way or for any purpose.

Non-Excludable Condition means an implied condition or warranty the exclusion of which under the Australian Trade Practices Act 1974 (Cth) would contravene that statute or cause part or all of a clause in these T&C excluding that implied condition or warranty to be void.

RESPECT OF THE TERMS AND CONDITIONS AND THEIR AMENDMENTS

Each and every User, regardless of whether he/she is a Visiting User, a Registered User or a Subscribed User, shall be subject to these T&C, even if said User is not using any of the Services or functions available. Our systems gather information from the use of the Services by Users, even if they are not Registered Users or Subscribed Users. The Privacy Policy contains important information regarding the collection, preservation and use of the information obtained from your use of the Services or navigation on the Website. We therefore invite all Users to carefully read the Privacy Policy. The Company reserves the right to modify at any time, in whole or in part, the Services and the T&C, as well as the prices of the Services and/or the features associated with the Services. The Company shall notify Users of any and all modifications through the Website. Users are required to regularly check and periodically read the T&C, the Privacy Policy, and the Info & Costs section in order to stay informed about the conditions currently being applied. Use of the Service or the Website following modifications to the T&C or to the characteristics of said Service, implies acceptance of the modifications brought into effect.

AGE AND DOMICILE

The Services and the Website are available to Users who reside within the Territory and who are of age of majority. The request for Registration or Subscription shall be considered valid by a User who is of age of majority and who is the holder of the telephone number for which activation was requested. The parental authority or legal guardian of a minor shall be liable for any and all use of the Website and/or use of any Wireless Device available to the minor.

Parents, parental authorities and legal guardians may request their Mobile Carrier to deactivate the possibility of activating pay services on the mobile phone number available to the minor.

SERVICE USE, REGISTRATION AND SUBSCRIPTION

Navigation on some of the Website’s sections and the use of some the Services offered on the Website can be used entirely or partially free of charge. Some sections of the Website can be visited by Users who are not Registered. We may, even temporarily, make some Services available to Users who are not Registered. We may also allow Users who are not Registered to access some areas of the Website that are normally reserved for Registered or Subscribed users. The majority of the Services and the features associated with said Services, can be used exclusively by Registered Users or Subscribed Users. In some cases it is possible to register to the Website through a Wireless Device by sending an SMS or an MMS or by following the WAP procedure. In this case the Mobile Carrier, in accordance with its conditions, may charge a fee to the User who makes such a request, even if the Service via web is free of charge and even if the Mobile Carrier does not require a fee to become a Subscribed User following the procedure via web.

Users who want to register or subscribe to the Services must provide the Company with some personal data and must follow the Service registration and/or activation procedure shown at the time of Registration or at the time of request for subscription to the Service. The authentication process is part of the normal security procedures. The purpose is to protect the security of the User and make sure that the User is truly interested in registering or activating the Service. In some cases, the Company will send a password (PIN) to the mobile telephone number entered upon registration or entered upon request for activation of a Service. This PIN must then be re-entered on the online form in order to confirm the previously entered mobile telephone number, as well as to confirm that the user is truly interested in activating the Service requested. In other cases, the User may be asked to send an SMS to a special number to confirm his/her desire to activate the service.

Upon registration or upon request for activation of a Service the User may be asked to choose a username that will be used together with the PIN or with the chosen password to access the section reserved for Registered Users and/or Users who have activated a Service.

The User who plans to register or subscribe to a Service through the authentication procedure hereby warrants and guarantees that he/she is of age of majority, that the personal data provided is true, correct, up-to-date and refers to the person who is entering the data or with consent if entered by a third party, hereby assuming any and all liability for the correctness and truthfulness of the information provided. Should the data provided by the User change, said User shall be responsible for informing the Company of any and all changes as soon as possible.

Information regarding the processing of personal data collected by the Company is illustrated in the Privacy Policy section. Upon registration you will be asked to view some information regarding the processing of personal data.

If the User does not complete the procedure for Registration or for Subscription to a Service after providing his/her e-mail address and/or mobile telephone number or other data requested for activation, the User may receive a limited number of messages that will be sent to conclude the subscription process and describe the Service for which the subscription procedure had begun.

Knowledge of the User’s Access Codes by third parties may allow for unauthorized access by third parties to the Website and/or to the activated Services. Registered or Subscribed Users must therefore be very careful with their Access Codes, keeping them confidential. If your Access Codes are lost or stolen, you must contact the Company immediately. The Company will arrange for the deactivation and substitution of your Access Codes. The User shall be liable, directly and indirectly, for any and all improper and unlawful use of the Services, carried out by himself/herself or by third parties who use the Services in his/her name.

This service has a cost of $5.99 week.

PAY SERVICES

Some Services offered are offered to Subscribed Users or Registered Users (following their request) upon payment of a fee that will be paid in accordance with the payment methods indicated under the section entitled PAYMENT AND PAYMENT METHODS.

Pay Services can be provided a) by subscription, that is to say in a continuative way and following request for activation of the Service by the User and until the Subscribed User requests deactivation or until the supply terminates for other reasons mentioned below b) by request for a “one shot” service, that is to say limited to the one time use of the requested Service.

In particular, the pay and open-ended subscription Service for mobile devices allows for the use of features and services, including subscription services, referable to the following macro category: download entertainment content such as ringtones, games, graphics, news and other information downloadable on compatible mobile devices and/or through the internet pages (WEB and/or WAP) and/or via SMS (Short Message Service) and/or voice access numbers or video calls.

Details regarding the pay Service and regarding the subscription cost (and all other costs) for the use of the Service are available in the Info & Costs section.

Subscribed Users may choose at any time whether to use the Services made available to them and having unlimited access to this services. To subscribe the User must have a mobile telephone number on which he/she may request activation of the Service. The User has the possibility of paying for the Service via mobile (or by credit card or by paypal). When using a SIM card or payment method belonging to third parties the User who requests activation must be authorized by the holder before he/she can request activation of the service.

To use the Service via mobile devices the mobile phone must be compatible and correctly configured. The list of compatible devices can be found on the Website. Users must verify on the Website, before activating the Service, that their mobile phone is compatible. We recommend that Users, in addition to verifying that their mobile phone is correctly configured to use the Service, also verify with their Mobile Carriers on the customer service site regarding the activation of the Service.

The subscription fee is a fixed fee and shall be owed regardless of whether the Service has been used in whole or in part. If User deactivates the subscription Service before using the Services at the Users’ disposal, the User will lose his or her right to use the subscription Service and subject to any Non-Excludable Condition the User will not have the right to an alternative service or restitution or refund of the payment made.

Information regarding costs, activation and deactivation conditions, services, the quantity and type of content included in the subscription, compatible cellular phones and all other information regarding the subscription Service can be found in the Info & Costs section of the Website.

Upon request for activation of the Service, the Service is immediately made available to the requesting User and it is immediately supplied to the User (once the User has given his/her consent for payment in accordance with these T&C). – For User satisfaction and in order to avoid supplying the Service to a User who is no longer interested in receiving it, the Company hereby gives Users the right to deactivate the Service at any time (subject to any Non-Excludable Condition without restitution or refund of any amounts paid or to be paid before the request for deactivation, as withdrawal is not retroactive). For further information regarding the right to withdrawal we kindly invite Users to contact us through our Help Form available on the Website or by writing to us at mobsupport@vittalia.com

In virtue of the payment system adopted (payment through telephone credit), the User, in rare cases, may receive in the period immediately following the communication of withdrawal a final SMS drawing from his/her mobile credit. Due to mobile network traffic congestion, an SMS drawing from the User’s mobile credit may have been sent out before the User’s request for deactivation was received by us, even if the said SMS is received after his/her request for deactivation.

PAYMENT AND PAYMENT METHODS

In the event that Services offered by third parties on our Website or Services that provide for payment through mobile credit, and in general when a wireless service or mobile service is used, the Company hereby reminds you that such Services are offered by Mobile Carriers with the collaboration of the Company, as Content provider. The User is therefore subject to the conditions of the Mobile Carrier. We kindly request that you take note of the aforementioned conditions of your Mobile Carrier.

In the event of pay Services through mobile credit the Mobile Carrier will provide for sending the User, periodically, in accordance with the frequency indicated in the Info & Costs section, one or more SMS that will charge the User, upon receiving the message, for the payment of an amount equal to the cost of the Service.

The payment method occurs in the same way for payment through a fixed line, the Mobile Carrier will periodically charge the subscription price directly through the telephone bill of the User who requested the activation of the Service.

All telephone connection costs and WAP and/or WEB GSM/GPRS/UMTS traffic costs (which are clearly outlined in the Info & Costs section) are not included in the subscription price and should therefore be considered additional costs. The User is also responsible for any and all internet connection costs and/or costs related to hardware/ software and more generally all costs necessary for the use of the services, which are not included in the price of the subscription.

If payment for the subscription is not made (for whatever reason; for example if the User’s mobile credit runs out) the Service may be suspended at any time, in whole or in part, and the User may not be able to use his/her unpaid credits even before the Service is suspended.

To opt out SMS STOP to 19900019

CONTENT– CONTENT PUBLISHED BY USERS

PROTECTION OF THE RIGHTS OF THE COMPANY, THIRD PARTIES AND COPYRIGHTED MATERIALS

Content

Content published on the Website and made available to Users, including Registered Users and Subscribed Users, is the property of the Company or licensed by third parties to our Company. The abovementioned Content is protected by copyright laws and available for use by Users to the extent permitted by law and in accordance with the T&C herein.

The User shall be exclusively liable for any breach of current national and international copyright laws and/or in violation of the regulations provided for herein by the present T&C and the Info & Costs section regarding the use of the Content. The User shall be liable to prosecution pursuant to the law. The Content has been carefully examined and analysed. However, there may be errors, mistakes or omissions in the Content and the Company shall not be liable for those errors, omissions or the way in which the User uses the Content.

When not otherwise indicated, the information contained on the Website is for the sole purpose of giving information and providing updates and should not be considered complete, nor should it be considered the expression of beliefs, instructions or presuppositions for making decisions. The Company shall not be liable for the actions or omissions of Users following the use of the information contained on the Website.

Content made available to Users through the Website and/or the Services is exclusively intended for the purpose of personal use, and may only be used for its intended purpose.

Some Content may be used exclusively on the Website or through a mobile device. The use of any automated or computerized instruments not previously authorized by the Company to access, obtain or download Content or to use the Services is strictly prohibited.

Unless otherwise specified, Content used exclusively through a certain device (mobile/computer/wireless device) may not be transferred, copied, or transmitted onto other devices, nor can said Content be exchanged with other Users in any way. Further, the User may not use the Content for any purpose apart from its intended purpose (for example, Content intended for listening purposes may not be used as a ringtone on a Wireless Device or another type of device).

If the Service expressly allows for use of the Content on another device (and not solely on the device upon which the Content was downloaded) or if the Content is visible (DRM-free CD content), the transfer, copy, or transmission of said Content may be carried out exclusively on another device owned by the same User or in any event used exclusively by said User. It is strictly forbidden to transmit Content to other Users or in any way or allow other Users to benefit from said Content.

Any and all forms of marketing of Content by Users, whether gratuitously or for compensation, is strictly forbidden.

Any and all forms of transmission, communication and/or sharing of Content with other Users, regardless of whether they are Registered Users or Subscribed Users to the Services, is strictly forbidden.

The Website, the Services and the related applications and platforms and the Content are the exclusive and private property of the Company and/or third party suppliers and/or its successors in title and/or third parties when specified, and they are protected by national and international copyright laws and intellectual/industrial property laws.

With the exception of what is strictly allowed in accordance with the T&C herein, no part of the Website and/or the Content may be copied, reproduced, published, downloaded, modified or in any way altered, translated, codified, transmitted, communicated or distributed in any way on any computer, server, Website or by any other means of communication or dissemination for the purpose of publication or distribution or commercial use or non-commercial use by other Users, without the express written consent of the Company.

Violation of the rules and regulations for use of the Content and/or breach of the Company’s rights or the rights of third parties will lead to the immediate loss of the right to use the Service without refund or restitution of any payment made without affecting the liability of the User for damages caused to the Company or to third parties.

USE OF THE SERVICES AND INFORMATION. USER WARRANTIES AND LIABILITIES

TO THE EXTENT PERMITTED BY CURRENT APPLICABLE LAWS AND UNLESS OTHERWISE SPECIFIED, THE USER SHALL BE THE SOLE PERSON LIABLE FOR USE OF THE WEBSITE. THE WEBSITE IS PROVIDED “AS IS” AND “AS IT IS AVAILABLE”. EXCEPT FOR ANY NON-EXCLUDABLE CONDITION THERE ARE NO SPECIFIC WARRANTIES OFFERED CONCERNING EXPECTED, DESIRED OR OBTAINED RESULTS WITH THE USE OF THE SERVICE.

EXCEPT FOR LIABILITY FOR BREACH OF ANY NON-EXCLUDABLE CONDITION THE COMPANY HEREBY DENIES ANY AND ALL LIABILITY FOR ANY CLAIMS WHICH MAY ARISE FROM USERS REGARDING TROUBLE, PROBLEMS OR IMPOSSIBILITY OF USING THE WEBSITE AND/OR THE SERVICES FOR WHATEVER REASON. IN PARTICULAR THE COMPANY SHALL NOT BE CONSIDERED IN DEFAULT OF ITS OBLIGATIONS, NOR SHALL THE COMPANY BE HELD LIABLE FOR DAMAGES, CLAIMS OR LOSSES, DIRECT AND INDIRECT, THAT MAY ARISE FROM USERS FOR MISSING, DEFECTIVE OR FAULTY EXECUTION OF THE ELECTRONIC EQUIPMENT OF SAID USERS OR THIRD PARTIES, INCLUDING INTERNET SERVICE PROVIDERS, TELEPHONE AND/OR TELECOM CONNECTIONS NOT MANAGED DIRECTLY BY THE COMPANY OR BY SUBJECTS TO WHOM THE COMPANY MUST RESPOND, AS WELL AS THE ACTIONS OF OTHER USERS OR OTHER SUBJECTS WHO MAY HAVE ACCESS TO THE NETWORK.

THE COMPANY RESERVES THE RIGHT AT ANY TIME TO SUSPEND THE SERVICES (OR ANY PART OF THE SERVICES) TEMPORARILY OR PERMANENTLY. THE USER HEREBY ACKNOWLEDGES THAT THE COMPANY CANNOT BE HELD LIABLE TOWARD USERS OR THIRD PARTIES FOR THE SUSPENSION OR INTERRUPTION OF ITS SERVICES, WITH THE EXCEPTION OF SPECIFIC, DIFFERING AND ADDITIONAL CONTRACTUAL OBLIGATIONS UNDERTAKEN THEREIN WITH THE USERS OR BREACH OF A NON-EXCLUDABLE CONDITION.

The Company shall not be liable for any information (text or graphics) related to the goods and/or Services offered on the Website, including goods and/or Services offered following a co-marketing initiative between the Company and third parties but which derive from the Company’s suppliers. Each single supplier shall be liable for the indications, specifications and descriptions inserted therein as well as for conformity with all applicable laws. Consequently, except for liability for breach of any Non-Excludable Condition the Company shall not be liable for any graphical inaccuracies, mistakes or errors, nor does the Company offer any kind of warranty, implied or express, for information, content and software, the marketability and the quality of the data for specific purposes, the products and the services communicated or offered by suppliers on the Website and concerning the Services, specifying that, on request and to the extent permitted by the law, the Company will provide the names, addresses and any other kind of data necessary for the identification of the supplier and/or producer of any goods and services offered.

The Website may offer links (hereinafter “Links”) to other websites or other resources on the internet.

The User hereby duly notes and acknowledges that the Company cannot be held liable for the operation, execution or functioning of these sites or external resources.

The User hereby undertakes to use the Website and the Services offered therein in a diligent, correct and lawful way and in particular, the User undertakes to respect and observe the obligations provided for by the law and by these T&C. The User therefore undertakes to abstain from the following (this is not an exhaustive list, but only for the purposes of providing an example):

(a) any and all improper use of the Website and the Services in breach of the law, the present T&C and all other instructions published on the Website, or any other use contrary to prevailing community standards. (b) any and all actions which could infringe the rights and interests of the Company and/or third parties, including intellectual property rights, industrial rights or the rights to privacy, or actions that may damage, deteriorate or obstruct in any way the normal use of the Website, electronic storage devices or documents, files and any other kind of content stored therein; (c) reproduce, copy, transform, distribute, communicate, make available or disclose in any other way to other sites or to the public any material and/or information contained on the present Website, with the exception of actions that are expressly authorized by the Company and by any third parties who have the rights to such property. (d) unless authorized or promoted by the Company, the use of the Website and the Services, directly or indirectly, to exercise a commercial activity and/or derive economic benefits from the Website and/or the Services, or to exchange, for any reason, sums of money or other valuable items, or to promote on or through the Website initiatives related to gambling, contests and games that require valuable or monetary compensation for participation; (e) violate, intentionally or deliberately, any applicable law or regulation.

In the event that the Company must verify, either directly or following a report by another User, a violation of national and/or international law and/or these T&C, the Company reserves the right to immediately fully or partially block or delete, without prior warning and at its own discretion, the space made available or deactivate the Services, including pay services, or delete the User from the Company. In the event of deactivation of one or more pay services before the natural expiration for a violation or breach of the terms and conditions for use of the services, the User will not have the right to refund or restitution of any and all money paid. The Company will remove the reported material from its space and in more serious cases, the Company may remove the registration of the User without affecting the Company’s right to request compensation for any damages they may arise caused by the misconduct or unlawful conduct of the User.

The Company reserves the right to undertake due action against Users who do not fully respect the law and the present T&C.

APPLICABLE LAWS AND JURISDICTION

The T&C, the other legal notices published on the Website and in general the relationship between the Company and the Users of the Website/Services shall be governed by the laws of the State of New South Wales, Australia. The Company and each User irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of that State.

CONTACTS

For further information regarding the Website or the Service and for any contact, please write to us at the following email address: mobsupport@vittalia.com

VITTALIA INTERNET SL

MOBIBOM.NET is a service of VITTALIA INTERNET SL located at Vittalia Internet S.L.
Avda. de las Nieves 37, Esc B 1º 28935
Móstoles, Madrid (Spain).