1. These regulations (hereinafter referred to as the "Regulations") define the general rules for the use of paid services of the Sabergame multimedia service, which is a service, constituting an additional service (to the telecommunications service), as part of the premium rate service, intended for mobile phones (hereinafter referred to as "Services "). The Sabergame service allows you to provide a description of the service (hereinafter referred to as the "Service").
2. The service provider (hereinafter referred to as the "Organizer") and the entity providing the additional service is: Mobile Minded BV, registered in the Commercial Register at 6825 MC Arnhem, The Netherlands under the number 58363793, NIP NL853005849B01, WWW: Sabergame.com.
3. The Services and the Service specified in these Regulations may be used by users of mobile phones or other devices with appropriate functionalities, resulting from the Regulations or posted on the website or other materials related to the Service. The User should be entitled to use a mobile phone to the extent enabling him to use the Service. The Service may be used by Users with an active SIM card in MTN and Vodacom, whose mobile phones or other devices are compatible with Andriod & iOS (e.g. Android xx, iOS 11.1).
4. Users must use the Websites within the limits of the law in force in South Africa, in accordance with the provisions of these Regulations.
5. Each User who starts using the Sabergame Service should read the Regulations, which establish the current terms and conditions of using the Website.
6. The terms and conditions for using the Sabergame Service and the Services provided in the Regulations apply only to personal, non-commercial use (e.g. company activity). The User should use the Service in accordance with the provisions of applicable law.
7. The User is entitled to use the content made available on the Website, in particular the Multimedia Objects, only for the purposes and scope specified in par. 6 above and art. VI par. 2 of these Regulations. In particular, works (Multimedia Objects) may not be copied, published, displayed, transmitted or distributed in any way without the Operator's separate written consent, except in cases of fair use provided for by law.
8. Whenever the following terms are used in the Regulations, they should be understood as follows:
a. SMS/text message (Short Message Service) is a short text message, consisting of no more than 160 characters (letters, numbers, special characters) that can be sent to any mobile phone, containing the content entered by the sender and enabling the identification of the telephone number the sender's mobile phone.
b. Registration - ordering (activation) of the Service, preceded by the User obtaining information about the Service and the expression of appropriate consents, in the manner described in art. III below, where the activation of the Service takes place through the Activation Page to which the User will be redirected. To place an order, the User must read the content presented on the Activation Page and follow the instructions provided on it. If one-time access is activated, the access will expire after one week. In the case of a cyclical (subscription) Service, the User goes through the content ordering process only the first time when ordering the Service. Access to the Service will be extended automatically in subsequent cycles until it is deactivated. Registration to the Service is tantamount to acceptance of the Regulations and the Privacy Policy. After registering to the Service, the User will receive a free welcome message confirming that the registration to the Service has been successful.
c. Sabergame is provided as: Subscription
The service consists of unlimited access to the games portal, as specified in art. II, par. 1 of the Regulations.
In the case of activation of the service with one-time access, access is granted for a week. The recurring service is a weekly subscription service that will extend automatically until you resign from the service.
d. Multimedia Objects - means all kinds of digital content of a multimedia / entertainment nature, not provided on a tangible medium, including digital products that may be available on the Services, including: wallpapers, graphics, music / Mp3, video, etc. Multimedia Objects contain materials protected by law, including copyright and industrial property law, in particular: trademarks and works. The provisions regarding Multimedia Objects apply accordingly to other content, if available on the Service in accordance with Art. II, par. 1 of the Regulations, unless the Regulations or their characteristics indicate otherwise. Downloading the Multimedia Object and access to the Service is possible immediately after activating the subscription. The user also receives a link to the content.
An Internet connection is necessary to use the multimedia content received on the Service. Data transmission fees are not included in the fee for accessing the Service. 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 - an adult using the Service on the basis of these Regulations, while persons with limited legal capacity may use the Service provided that their legal representative agrees, and persons without legal capacity, provided that they act on their behalf as a representative statutory.
f. WAP (Wireless Application Protocol) - means an international standard for the delivery of Internet messages and the provision of advanced telephone services through mobile phones and other digital terminals.
9. The Multimedia Objects made available to the User as part of the Services are digital content not saved / delivered on a material carrier.
1. In order to use the Service, the User should make an appropriate order / registration on the Service or WAP (hereinafter referred to as the "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 to the Service is tantamount to acceptance of the Regulations and the Privacy Policy.
Immediately after placing the order, the User is presented with an order confirmation page with the option of going directly to the portal.
In addition, in the case of a subscription service / recurring access, immediately after registering to the website, the User will receive a welcome message confirming that the registration to the access website has been successfully completed, the terms of the Service, price and instructions on how to deactivate the Service.
2. As part of the Service, the User will receive Unlimited to the games portal, specified in art. II, par. 1 of the Regulations.
The recurring service is a weekly subscription service that is extended automatically until the resignation from the service. The cost of access to the Subscription Service is Rand 20 per day.
The fee will be added to the User's account with his Operator (subscription phone) or deducted from the account funds (pre-paid phone).
An internet connection is required to use the multimedia content received as part of the subscription. Data transmission fees are not included in the fee for accessing the Service. 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. As part of the Registration, before activating the Service in the manner described in sec. 1 above, the Organizer will provide the User on the Service or WAP with the following information and possibilities:
a. The Organizer will provide the User with at least information regarding:
main features (subject) of the Service and the way of communicating with the User,
designation of the Organizer as an entrepreneur,
fees for one-time access and / or subscription service
the duration of the contract and the possibility of resigning from the Service at any time and without additional fees and the method of its deactivation;
b. On the Activation Page, the User will be asked to confirm that the User:
is aware that ordering the Service entails the obligation to pay via the User's mobile phone account;
he has read the contents of these Regulations of the organizer and expressly accepts them
has read the terms and conditions of the mobile operator and expressly accepts them
agrees for the immediate commencement / delivery of the service before the expiry of the 14-day withdrawal period, as a result of which he loses the right to withdraw from the contract, which he would otherwise have been entitled to (Section V);
4. After the User explicitly confirms the declarations referred to in sec. Point 3 b) above and after activating the Service in the manner described in paragraph 1 above,
in the case of a one-time service / one-time access, the User will additionally receive a free confirmation of the payment immediately after registration to the Service, confirming that the registration to the Access Service has been successfully completed, with a price per week and a link to these Regulations, confirming the conclusion of the Website agreement and consent to provide digital content in circumstances that result in the loss of the right to withdraw from the contract. The User will also receive access to the WEB / WAP page from where the User will be able to download the offered Multimedia Objects as part of a one-time service.
in the case of the subscription service / recurring access, the User will additionally receive a free welcome message immediately after registering to the Service, confirming that the registration to the access service has been successfully completed, with a price per week and instructions on how to deactivate the Service and a link to these Regulations, which is a confirmation of the contract regarding the Service and consent to the delivery of digital content in circumstances resulting in the loss of the right to withdraw from the contract. The User will also receive the first paid access to the WEB / WAP service, from where the User will be able to download the offered Multimedia Objects as part of the subscription.
5. In the event that the use of a given Service requires equipment (including a telephone) with specific functionalities, if the Multimedia Objects will not be interoperable with certain types of telephones and in other situations of this type regarding the functionality of digital content or their interoperability with the telephone or other equipment or software, the Organizer will provide the User with clear information in this regard on the Service or WAP.
a. The User is charged a fee for obtaining access as part of the Service activated by him in accordance with the frequency mentioned above.
b. The fees are collected by the Operators. The methods and terms of payment depend on the content of the contract for the provision of telecommunications services between the User and the Operator and are governed by the provisions of such contract.
c. The fee for the Service does not include fees for WAP connections, if the use of the Service requires the User to download data using WAP transmission. Fees for WAP connections will be charged by the Operator in addition to the fees for the Service, in accordance with the current price list of the Operator.
1. The User has the right to withdraw from the contract for the provision of the Service within 14 days without giving any reason. This period is counted from the date of conclusion of the contract.
2. However, the User loses his right to withdraw from the contract if:
a. The organizer did not provide confirmation of the conclusion of the contract for the provision of the Service on a durable medium
b. The User requests the immediate commencement / delivery of the Service's digital content services before the expiry of the 14-day withdrawal period and the Organizer informs the User that in this case the User loses the right to withdraw from the contract.
OTHER RULES REGARDING THE USE OF THE Sabergame SERVICE AND ITS SERVICES1. In order for the User to use the Service and download the Multimedia Object (or use other content available on the Service), the User should:
a. ensure that the telephone on which the Multimedia Object is to be picked up, downloaded or played by the User is properly configured (in particular, it has the option of data transmission and receiving WAP Push messages enabled);
b. make sure, before downloading a given Multimedia Object, as to the compatibility (interoperability) of the Multimedia Object with the phone model on which the Object is to be picked up, downloaded or played, and if the Website has restrictions in this regard, they will be clearly indicated to the User before ordering the Service;
c. ensure that the User's phone has enough free memory necessary to download, install and play the Multimedia Object selected by the User.
2. The User who obtains the Multimedia Object as part of the Service has the right to use the Multimedia Object to download the Multimedia Object made available as a mobile file to a mobile phone or other terminal device, as referred to in Art. II, par. 3 of the Regulations and its recording in the device's memory for repeated playback for an indefinite or definite period, depending on the selected Object (however, in the case of time limitations or other than those specified directly in the Regulations, they are specified in the description of a given Multimedia Facility and in the information provided to the User in accordance with Art. III par. 5 item 1 of the Regulations. The User obtains the right to use the Multimedia Objects solely for personal use (i.e. for the use of the person to whom the Service is provided). The above means in particular that it is unacceptable to use the Multimedia Objects for commercial purposes, including using them for the needs of business activities, resale or other forms of making available to third parties, to the extent exceeding the permitted use specified in the provisions of the Act on Copyright and Related Rights. .