Article 1 – Introduction
1.1. The website at zemgo.com (‘Website’) is operated by R&D Media Europe B.V. (‘R&D Media’ which includes its subsidiaries and related bodies corporate), having its registered office at Max Euweplein 32, 1017 MB Amsterdam, the Netherlands and which is registered at the Chamber of Commerce under number 34233120, VAT no.817968B040.
1.3. The Terms and Conditions apply to a customer as soon as they use the Website or commence a Mobile Subscription and doing so implies that the customer accepts and agrees to be bound by the Terms and Conditions.
1.5 R&D Media may vary the Terms and Conditions from time to time by giving reasonable notice to the customer and/or making the varied Terms and Conditions available on the Website. The customer’s continued use of the Website and/or Mobile Subscription indicates that the customer accepts and agrees to be bound by the varied Terms and Conditions. Customers that do not agree with the Terms and Conditions should not use the Website or a Mobile Subscription.
Article 2– Costs
2.1. The costs (‘the Costs’) for (i) Mobile Subscriptions and (ii) one-off orders will be charged by the Operator, or, in case of a Mobile Subscription debited from the customer’s credit or debit card by the Operator . The customer gives express authorisation for this purpose and warrants that the Costs can be collected in this manner.
2.2 Costs can be charged for every Message that is sent or received by the customer, depending on the type of Message and the customer’s agreed terms with the applicable Operator. For example, the standard costs for sending SMSs as indicated by the Operator is applicable to all SMSs that are sent and received pursuant to the Content Service and/or Mobile Subscription (and in addition to the costs charged to access the Content Services or under the Mobile Subscription). A one-off registration charge may also apply for subscription to a Mobile Subscription. More information about the rates and payment method for the use of the service in a particular country can be found under the FAQs and/or the Users’ Terms and Conditions.
Article3 – Price Adjustments
3.1. R&D Media may implement price adjustments for access to the Services in which case R&D Media will give notice on the Website. Existing customers will also receive notice by SMS (at no cost) one month before the price adjustment. If customers continue using the services of R&D Media or register a Mobile Subscription after the date on which the price alteration is introduced, the alterations will be regarded as accepted. A customer that does not accept the new costs may cancel the Mobile Subscription or account.
Article 4 – Termination and Cancellation
4.1 The methods of terminating the delivery of the Service are stated under the Users’ Terms and Conditions. The Service can only be terminated in the manner as set out in the Users’ Terms and Conditions.
4.2 The customer’s Mobile Subscription will only be terminated, if he or she receives an SMS confirming the termination.
4.3 R&D Media may immediately terminate the provision of Services if:
(a) the customer does not pay within the period applied by the Operator; or
(b) R&D Media:
(i) Has reason to believe that the customer is acting or has acted in breach of the Terms and Conditions; or
(ii) Has expressly been asked by the Operator to do so; or
(c) Laws, rules, guidelines or government action makes the service fully or partially unlawful or impractical; or
(d) The customer adversely affects or threatens to adversely affect the integrity or functionality of R&D Media’s network, or the provision of the Service or Mobile Subscription in any way.
4.4 R&D Media bears no liability, to the extent permitted by law, to the customer and/or third parties in connection with the termination or cancellation of delivery of the Service.
Article 5 – Intellectual property and use
5.1 All right, title and interest including copyright, patents, trademarks, drawings, models and/or other intellectual property in or to the Services and/or the Website are owned by R&D Media (or its related entities, suppliers or licensors).
5.3 Unless R&D Media explicitly states otherwise, the customer is not permitted to reproduce, change, execute, transfer, distribute, sell, use for derived products, modify, copy, display, republish, license, communicate, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or in any other way use content on the Website or the Services or any element of the intellectual property therein, without R&D Media’s prior written consent for this purpose.
5.4 The customer hereby indemnifies and will continue to indemnify R&D Media and its directors, employees, suppliers and licensors against all damages, actions, claims, demands, liabilities and costs (including legal costs) arising brought against, suffered or incurred by them as a result of the breach or non-observance by the customer of its obligations, undertakings or warranties in these Terms & Conditions including due to an infringement of intellectual property of R&D Media or third parties, in breach of the Terms & Conditions, or otherwise arising from the unauthorised use of the Website or the Services.
6.1. Use of the Services and the Website is at the customer’s sole risk. While R&D Media strives for the undisrupted provision of the Website and Content Services, R&D Media makes no representations or warranties that the Website or Services will meet the customer’s requirements or that downloading, receiving and/or consulting the Website or Services will remain undisrupted or error-free.
6.2 The customer recognises in connection with mobile telecommunication services that the ability to make a connection, maintain a connection and the quality of a connection is not the same or adequate at every time and place and that the Services may be adversely affected or become temporarily unavailable because of interference caused by physical factors (tunnels, mountains, buildings, etc.), adaptations or maintenance to the Operator’s network.
6.3 If the customer is unable to enjoy undisrupted use of the Services at any time due to a failure in accessing or using a mobile communications network, this will not entitle him or her to a price reduction or to a refund.
6.4 To the fullest extent permitted by law, R&D Media disclaims all warranties of any kind and all liability for damage, such as but not limited to the infection or corruption of the hardware and/or software used by the customer, resulting from access to the Website or the use of the Services, which includes the downloaded Services and the hardware and software needed to make a connection. The customer must take his or her own measures to avoid such incidents
6.5 The content of the Website has been compiled with the greatest care. However, R&D Media can give no guarantees as to the nature or accuracy of that content. R&D Media is not liable for any errors, inaccuracies, misunderstandings, delays or unclear transmissions of orders and statements due to the use of the Internet, or for the content on the Website.
6.6 The customer may not send any Messages (or use the Website to transmit or post any message, information, software, images or other materials)) that are infected and/or corrupted, unlawful, harmful, threatening, vulgar, degrading, defamatory, hateful, or that infringe privacy or which are objectionable in any other way by way of the Content Service or the Website, .
6.7 The customer must be at least 18 years old in order to use the Services or subscribe to a Mobile Subscription. If the customer is not responsible for paying the mobile telephone account issued by the Operator or is younger than 18, we require consent from the party who pays the mobile telephone account (your parents, guardian, employer, etc.) before the customer may register and/or participate in the Service or Mobile Subscription. By registering and/or participating in the Service or a Mobile Subscription, R&D Media assumes that the customer has obtained the necessary consent, agreement or approval from the payer of the mobile telephone account, guardian, parents, etc.
6.8 The Website may contain links or other connections to websites operated by parties other than R&D Media. The provision of such links does not imply any endorsement of the material on them, or any association between R&D Media and their owners and operators. The links are provided for convenience only and any customer who uses a link does so entirely at its own risk.
6.9 Save as expressly provided in the Terms and Conditions or in the Australian Consumer Law (‘Consumer Law’) which forms part of the Competition and Consumer Act 2010 (Cth):
(a) all conditions, warranties or consumer guarantees as to the quality of the Content Services or any other matter are hereby expressly excluded to the fullest extent permitted by the Consumer Law; and
(b) R&D Media accepts no liability for any loss, damage, cost, loss of profits, anticipated savings, wasted expenditure, goodwill or any type of special, indirect or consequential loss (“Loss”) whether suffered by the customer or by any third party and whether or not R&D Media was aware that such Loss was possible or such Loss was otherwise foreseeable, whether such Loss arises from any representation, recommendation or advice made or given in relation to the Mobile Subscriptions, or the failure by R&D Media to observe and fulfil its obligations under these Terms and Conditions or otherwise; and
Article 7 – Data Processing
7.1 R&D Media gathers and processes \ certain personal information and traffic data of the customer.
Article 8 – Choice of Law
8.1 These Terms and Conditions are governed by the laws of New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales and any courts, which have jurisdiction to hear appeals from any of those courts in respect of any proceedings in connection with these Terms and Conditions. The use of the Content Services, and the Website is subject to the laws of Australia. The failure of R&D Media to exercise or enforce rights or provisos of these Terms and Conditions will not constitute grounds for dispensing with these rights or provisos. If a proviso in the Terms and Conditions is held to be invalid by a court with jurisdiction, the parties are agreed that the court must try to give effect to the intention of the parties as set out in the provisos, insofar as this is permitted by law, and the other provisos of the General Terms and Conditions will remain fully in force.