§ 1 - Introduction
- LeonAdvertising OÜ, Sepapaja 6, Tallinn 15551 in Estonia (hereinafter referred to as "Leon Advertising") provides among others, products for mobile phones and other mobile terminal devices, such as Streaming and Download Videos. The products provided by Leon Advertising shall be briefly referred to as "Leon Advertising Products". The purchase of all Leon Advertising Products shall be subject exclusively to these General Terms and Conditions ("AGB").
- The Leon Advertising Products can be used by all customers in possession of a mobile phone that technically meets the requirements of the desired product, if they are customers of a network services and mobile phone service provider, through which Leon Advertising Products can be used according to Leon Advertising specifications and no younger than 18 years old, the age required for Leon Advertising Products.
§ 2 - Contract Performance
- If the customer requests by SMS at the number (in short) communicated by Leon Advertising or - in the case of some alternative payment methods - by other means a certain Leon Advertising Product, then this request shall bear the validity of a request to conclude a contract between Leon Advertising and the customer for purchasing that Leon Advertising Product at the valid price in question.
- Leon Advertising may accept this offer either by transmitting, respectively providing the requested product, or - if a registration is required for that product - by means of a registration confirmation by SMS. Leon Advertising may refuse to accept it without giving an explanation in this regard, according to its own considerations.
§ 3 - Performance Obligation of Leon Advertising
- Leon Advertising reserves its right to change, terminate, complete and/or totally or partially develop the Leon Advertising Products at any time.
- Unless it results otherwise from the product offer in question from Leon Advertising or from Chapter 8, then the performance obligation which is incumbent upon Leon Advertising is exclusively represented by providing and - if the Leon Advertising Product is designed and appropriate therefore - sending the ordered Leon Advertising Product to the Customer.
- In case Leon Advertising provides contents to third parties (see Chapter 8), then the Leon Advertising obligation is to transmit that Content in question following the receipt thereof by the customer in accordance with the Leon Advertising Product in question.
- As long as an Leon Advertising Product is not expressly presented as being free of charge, there will be other costs for the customer when accessing an Leon Advertising Product.
§ 4 - Subscriptions from Leon Advertising
For the Subscriptions offered by Leon Advertising there shall also apply, in addition to the rules in Chapter 3, the regulations presented hereinafter:
- Any subscription may be used by the customers of network services providers and mobile phone services providers expressly mentioned in this regard. Each subscription exclusively includes the Content type presented within the subscription description.
- The user agrees to an offer by which he commits to conclude a contract along with the request of a service provided by Leon Advertising . Leon Advertising accepts this offer either by (i) sending the ordered service, or (ii) by sending a link where the ordered service can be downloaded by WAP, or (iii) by opening the access to the service for the user.
- In the case of individual download of services, the contractual relation shall remain valid until the total purchase of the services that are the object of the contract.
- The contract regarding the subscription shall be held, in principle, for an indefinite period of time. It can be terminated by the user and by Leon Advertising on a working day and with immediate effect. There shall be no refund of payments already made for a period of time of the subscription that has already begun. The user makes use of a possible credit representing the period between the termination date and the end of the settlement period that has barely begun.
- The termination of a subscription at the end of the subscription period is possible at any time without the need to comply with a notice period in this respect. The termination can be done:
- by means of the button "Cancel" on the mobile phone (at Membership Manager)
- by an e-mail to [email protected]
- by a phone call to the Hotline number: (+41) 44 585 28 53 (local rate)
- by letter to LeonAdvertising OÜ, Sepapaja 6, Tallinn 15551 in Estonia
- In order to be able to continue providing the customers the subscription they want and in case of higher costs, for example for production or transfer, Leon Advertising reserves its right to change content items or prices. In isolated situations there can be termination of the subscription. In connection with such cases the customer shall be notified by Leon Advertising . If the customer no longer wishes to continue its subscription under the conditions of higher costs, then he may terminate it.
- Upon conclusion of subscriptions through alternative payment options provided by Leon Advertising such as credit card payment, shall be valid the conditions indicated by the order procedure described in the case of such payments method on the internet page referred to in Chapter 3. By using such alternative payment method the customer acknowledges the additional conditions communicated in this respect, as being compulsory.
§ 5 - Services Provided by Third Parties
- In addition to the specific Leon Advertising Products, Leon Advertising company mediates as well some third parties' services. If a customer applies to such a service then an exclusive contract is concluded between the customer and the third party. If this is necessary within the service mediated by Leon Advertising and provided by a third party, the service provision can stand under the premise of giving its consent to transmit his mobile phone number to that third party. In such a case, the customer shall be informed accordingly.
- For the intermediary services provided by Leon Advertising in this context shall apply and be valid the regulations under these AGB.
§ 6 - Rights and Obligations of the Customer
- The use of certain Leon Advertising Products requires a customer's registration within Leon Advertising . If the Leon Advertising Product in question is settled by the customer's mobile phone invoice, then the registration shall be made by sending through SMS the order code corresponding to the Leon Advertising product wanted on the short number communicated by Leon Advertising for the mobile phone network used by the customer.
- If Leon Advertising collects customer's data when concluding the contract, then the customer undertakes to provide truthful data. The subsequent changes regarding these data shall be communicated without any prior request and without delay to Leon Advertising .
- For most of the Leon Advertising Products it is enough to know the telephone number of the Leon Advertising customer. If for a certain Leon Advertising Product are necessary as well some additional information of the customer, then this product can be accessed only after the Leon Advertising customer has communicated these data.
- In case a password is communicated to the customer in the context of using the Leon Advertising Products, the customer is obliged to keep this password secret and to take all the necessary measures in order to ensure the security/protection of the password. The password should not be transmitted to a third party.
- All the products provided by Leon Advertising are protected by copyright, trademark right and other protection commercial rights. The customer is therefore entitled to use the Leon Advertising Products exclusively for private purposes within a use in accordance with the established conditions. The customer is forbidden to transfer the Leon Advertising Products to third parties. An advanced use shall be permitted only in the context expressly approved by Leon Advertising or by the respective partner companies.
- In the event of a violation by the customer of these AGB, the customer undertakes to compensate all the damages caused to Leon Advertising company through such a violation. The customer undertakes to exonerate Leon Advertising of all the claims of third parties due to his behaviour and to compensate all the damages arising from such situations.
- The customer shall bear all taxes applicable for its network services provider and mobile phone services for accessing Leon Advertising Products and for their transmission (especially for products that are downloaded by means of a WAP connection by the customer).
§ 6a - Youth Protection
Leon Advertising Products that are not suitable for minors are protected by an age verification system (AVS) that guarantees that only adults have access to the Leon Advertising Products in question. The use of Leon Advertising Products in question shall not be allowed to minors. Such avoidance of AVS from a customer as well as providing access to minors to Leon Advertising Products protected by AVS shall not be allowed. In the case of such behaviour of the customer, he shall undertake to compensate all the damages incurred for Leon Advertising in such a context. Furthermore, Leon Advertising shall be entitled in such a case to block in the future the customer's access to Leon Advertising Products.
§ 7 - Customers' Protection within Leon Advertising
- If the customer brings his own contents within an Leon Advertising Product that should be accessible to third parties as well, such as related to a Chat by SMS, the customer guarantees for Leon Advertising the right to present these contents in an Leon Advertising Product in an appropriate form, to publish them and to disseminate them. Leon Advertising shall be entitled to transmit these contents to third parties within the provisions of its services.
- The customer furthermore undertakes not to transmit within the Leon Advertising Products illegal contents especially belonging to the following types: - contents glorifying violence - sexist, pornographic contents respectively - Nazi contents - contents that may endanger the youth. There shall be specifically prohibited all the contents prejudicial to third parties' rights. The customer is prohibited to use any type of spamming. The customer further undertakes not to transmit data which are set up to cause damages to Leon Advertising or to third parties (for example Trojans, dialers, viruses).
- In case Leon Advertising finds out that the customer transmits contents prohibited in accordance with these regulations, then Leon Advertising as well as a possible third party duly authorized in this respect by Leon Advertising shall provide immediate deletion, respectively the limitation of such contents and take all the measures in order to prevent further transmission of the contents. In such a case, Leon Advertising is entitled to terminate without any notice all the contracts concluded with the customer. Upon the request of a criminal investigation authority within an investigation proceeding against a customer, Leon Advertising shall communicate within the law context the customer's mobile phone to the responsible authority.
- Leon Advertising collects and processes the customer's personal data only in the context needed to carry out and to develop the contract concluded with the customer. Therefore it is necessary for most of the Leon Advertising Products to save the customer's mobile phone number in order to provide that product to the customer. For the use of certain Products there is required to provide and save some additional data.
- In the case of certain Leon Advertising Products third parties shall need to directly transmit contents and services or the direct customer to have access to the contents provided by third parties. To make it possible, Leon Advertising shall communicate the customer's mobile phone number to certain third parties.
- Apart from the purpose of transmitting Leon Advertising Products, the customer's personal data shall not be communicated, as long as the customer has not been informed in this regard and has not expressly agreed to this. By accessing Leon Advertising Products, the Customer expresses its interest in obtaining information related to other Leon Advertising Products as well. The customer can at any time withdraw its consent to receive information about Leon Advertising Products.
- Leon Advertising draws its customers' attention to the fact that transmitting personal data (for example name, mobile phone number) to other Leon Advertising customers within the Leon Advertising Products (for example Chat by SMS) shall not be allowed under the legislation of personal data protection.
§ 8 - Customer's Contents within the Leon Advertising Products
- It is expressly outlined the fact that a Content submitted by the customers within the Leon Advertising Products provided to that effect shall not be considered to be a Content of Leon Advertising . The customer making the transmission leaves to Leon Advertising the arbitrary decision regarding when, how and in what context it will provide access for other customers to the Content, respectively when, how and in what context it will transmit it to them. If Leon Advertising makes reference or provides a link on its website or in other positions within Leon Advertising Products to foreign contents, these principles shall continue to apply accordingly.
- Leon Advertising is entitled to totally or partially change the products including contents of third parties, at any time, without any prior notice.
§ 9 - Payment of Leon Advertising Products
- Payment by mobile phone. If the customer has concluded with its network services provider and mobile phone services provider a long-term contract then its payment obligations resulting from accessing Leon Advertising Products shall be settled by its mobile phone network invoice. For credit customers, having the so-called "Pre-Paid", the payment obligations which became due for the customer from accessing Leon Advertising Products shall be directly withdrawn from the Pre-Paid credit card. The same applies to the payment procedures required by third parties (for example mobile phone services providers).
- Alternative payment possibilities. In case of payment by means of alternative payment methods, retaining the payment amounts shall be made by the appropriate partner, such as the company providing service such as credit cards.
§ 10 - Warranty for Leon Advertising Products
- Leon Advertising diligently works in order to ensure a high quality standard. However, if an Leon Advertising Product proves to be incorrect once, then the warranty rights according to the law shall be entitled to the customer. If an Leon Advertising Product proves to be defective, the customer shall inform Leon Advertising without delay by submitting its phone number, the order date for the product in question as well as regarding the delivery date. This can be done by the means listed in Chapter 4, Point 5).
- Leon Advertising does its best to provide the latest and the most functional products available. To make this possible regular controls and maintenance works are needed that could affect the possibility of accessing certain or all the Leon Advertising Products. In case of transmitting contents and services from third parties there can be encountered temporary transmitting difficulties. Leon Advertising permanently works for the customer's interest so that the break periods to be as short as possible. The customer approves the emergence of some possible damages that may derive from such situations without raising any claims for compensation from Leon Advertising .
§ 11 - Assuming Responsibility
- Leon Advertising shall assume unlimited responsibility in case of law infringement due to malicious acts, gross negligence acts or in case of impairment of life, body or health of a person. Furthermore Leon Advertising takes responsibility only in case of negligent impairment of the performance of the contract, of the main obligation of Leon Advertising , its employees, representatives and its performers. In this case the obligation for compensation of damages by Leon Advertising shall be limited only to direct and predictable damages. Compensation for not typical indirect and subsequent damages shall not be carried out.
- Leon Advertising does not operate its own mobile phone network. For these reasons the services of third parties are necessary in order to use the Leon Advertising Products (for example the customer's network services provider and mobile phone services). In case of technical difficulties experienced by third parties, there can be transmission closures or temporary stop of Leon Advertising Products or certain parts thereof. In this respect Leon Advertising has no influence. Leon Advertising expressly outlines that it cannot guarantee the SMS reception by the customer nor the receipt of the product from the technical point of view.
- Leon Advertising shall not be responsible if the Content transmitted by the customer within the products referred to contains harmful data. (for example viruses).
§ 12 - Termination
- The customer can terminate the contract as follows:
- by means of the button "Cancel" on the mobile phone (at Membership Manager)
- by e-mail to [email protected]
- by letter to LeonAdvertising OÜ, Sepapaja 6, Tallinn 15551 in Estonia
- In case of termination the mobile phone number shall be mentioned as we cannot otherwise assign the termination to the appropriate subscription.
- The contract concluded between Leon Advertising and the customer can be terminated by both contracting parties at any moment without providing any reasons according to Point 1.
- An indefinite period termination from Leon Advertising is possible if the customer fails to properly use the Leon Advertising Products in breach of the most important contractual obligations in the context of their use.
- The termination of a subscription is possible at the end of the subscription period at any time, without observing in this case a notice period for termination.
§ 13 - Applicable Law / Jurisdiction
The contractual relationship between the customer and Leon Advertising is in accordance >with the laws of Estonia.