The following general terms and conditions are part of every contract between Telestark FZ LLC (hereinafter: Provider) and the user of the Provider's services. The beneficiaries of the service provider and those of the user are also bound by these general conditions.
The Provider offers the user the opportunity to access and use the content offered on the website via their paid mobile device. The purpose of these general terms and conditions is to establish the terms that must be agreed upon between the contracting parties in this regard.
These terms and conditions apply exclusively to users in Poland.
The Provider provides its services exclusively on the basis of these general terms and conditions.
The validity of these general terms and conditions extends to all services offered by the service provider on the website. By using the Provider's services, the user accepts these conditions as binding for them.
Contract Conclusion
The presentation of the Provider's services on the website does not constitute a binding offer from the Provider, but merely an invitation to the user to submit an offer.
The contract is concluded when the user sends the keyword SIF to the shortcode 92526 via SMS, thereby confirming acceptance of these terms and conditions and authorizing the one-time payment.
The user can access and use all services offered on the website via their mobile device immediately after the payment is confirmed.
The prices communicated to the user apply. These include the statutory value-added tax and relate only to the possibility of using the Provider's services. The prices do not include connection costs related to access to the Provider's services, which are charged to the user by their mobile network operator.
The user receives a non-exclusive and non-transferable right to use the services provided by the Provider, which is limited to the duration of this contract and has no geographical restrictions.
Payment Terms
Pricing Information:
The fee for using the Provider's services is 30,75 PLN as a one-time payment. This amount is charged via the user's mobile phone bill. This is subject to the legal regulations in Poland.
This is a one-time payment for access to the services. There is no subscription or recurring billing.
To activate: Send keyword SIF to shortcode 92526
The prices communicated to the user apply. These include the statutory value-added tax and relate only to the possibility of using the Provider's services. The prices do not include connection costs incurred for access to the Provider's services, which are charged to the user by their mobile network operator.
The fee payable by the user for using the Provider's services is 30,75 PLN as a one-time payment. This fee is collected by the user's mobile network operator as part of the normal billing process on behalf of the Provider.
Usage Rights
The user receives a non-exclusive and non-transferable right to use the services provided by the Provider, which is limited to the duration of this contract and has no geographical restrictions.
Marketing
MOBILESPARK CREATIONS LTD hereby grants Telestark FZ LLC a non-exclusive, non-transferable license to promote and advertise the StreamItFit service on various advertising platforms, including but not limited to digital media, social media, print, and other advertising channels. This permission is granted exclusively for the purpose of promoting their services and is subject to the terms of the agreement between the parties. Telestark FZ LLC undertakes to comply with all applicable laws, regulations, and additional guidelines of MOBILESPARK CREATIONS LTD regarding such advertising activities.
Availability
The service provider guarantees an availability of its services of 99.5% on an annual average. If this availability is not provided, the user may claim a price reduction from the Provider. This is limited to the amount that the user would have had to pay according to this agreement during the period in which the guaranteed availability was not provided.
The Provider designs its offering according to the technical standards on the market and therefore undertakes to ensure that the user can use the Provider's services. However, the service provider cannot guarantee that the offered services are accessible from all mobile devices available on the market.
Limitation of Liability / Disclaimer
The Provider is liable for damages that do not relate to life, body, and health only in cases of intentional or grossly negligent behavior on the part of the Provider, its employees, or executive employees. This also applies to damages resulting from the non-fulfillment of obligations during contractual negotiations and the commission of unlawful acts.
Legal regulations apply to Mobile Value Added Services. Users have the right to a simple refund by contacting us or following the instructions they receive in the message obtained after purchase.
Provider Information
Company: MOBILESPARK CREATIONS LTD
Address:
Ptolemaion, 53
NEROUPOS BUSINESS CENTER, Flat/Office 203
3041, Limassol
Cyprus