These terms of use (hereinafter "the Terms") establish the nature, scope and conditions of services provided electronically by Tequila Mobile Spółka Akcyjna with its headquarters in Wrocław at ul. Św. Mikołaja 8-11, entered in the National Court Register under KRS no. 0000309588, NIP: 897-17-37-612 (hereinafter "TQM"), online: www.tequilamobile.com, electronic mail address: support@tequilamobile.com.
TQM provides services consisting in providing users with access to the Tequila Planet application (hereinafter "the Service") as described in § 2 of these Terms, which is available to all GSM network users in possession of a SIM card and mobile device for which Tequila Planet is offered, pursuant to the technical requirements set forth in § 3 of these Terms.
The following terms are to be understood as follows:
GSM (Global System for Mobile Communications) – a system of digital mobile telephony; Operator – an operator of a GSM network providing GSM services, including data transmission via GPRS/EDGE/3G, SMS and Premium SMS services; SMS (Short Message System) – a system of short text messages; SMS/MMS Premium Rate – an abridged special number of greater value allowing a subscriber’s account (post-paid) or user’s account (pre-paid) to be charged via an Operator’s GSM network with an additional fee in conjunction with a service ordered; WAP link – a link to a WAP page necessary for downloading an application integrated with the Tequila Planet application; User – a natural or legal person, or an organization devoid of legal capacity founded and operating in accordance with statutory regulations, making use of electronic services provided on the basis of these Terms; Provider - Tequila Mobile Spółka Akcyjna with its headquarters in Wrocław, ul. Św. Mikołaja 8-11, entered in the National Court Register under KRS no. 0000309588; the Act – the Act of 18 July 2002 on the electronic provision of services (Dz. U. no. 144 pos. 1204 with amendments).
The User is obliged to familiarize him/herself with these Terms, available at www.tequilamobile.com/tp-tc. By using the Service, the User declares that he/she has read and accepts responsibility for adhering to these Terms.
The current Internet address where the Terms of the Service can be found is accessible in the Tequila Planet application itself, in the section titled “Help”. Furthermore, in accordance with § 2 para. 3 of these Terms, the Provider will send to an e-mail address indicated by the User, at the moment of new account registration by the User with the Tequila Planet service, a link to the current content of the Terms of Service.
Use of the Service is voluntary and free of charge, except in such cases as specified by the provisions of these Terms that use of a given service provided by the Provider is subject to charge.
The User confirms that by using the Tequila Planet application and all applications offered by Tequila Planet he/she has read the Terms and expresses his/her consent to the proposed Terms of the Service.
In the event the User does not accept the Terms, the User shall remove the Tequila Planet application from his/her mobile device along with all other applications offered as part of the Tequila Planet Service.
§ 2. Nature, scope and conditions of using the Service
Tequila Planet is an application for use in mobile telephones, and is made available free of charge. Tequila Planet is integrated with a mobile game constituting one product, whose functions the User may use freely.
After downloading and activating the Tequila Planet application, the User and the mobile device on which the User has activated the application will be issued a username for this service. This username will be transmitted to the Tequila Planet service during online synchronization. By being in possession of a username, the user will gain access to functions offered as a part of the Tequila Planet application and to games accompanying the game integrated with the Tequila Planet application.
Additionally, a user may create an account on the Tequila Planet service by providing an e-mail address and password, then register the account using the registration function available in the application. If the User has given an e-mail address for the purpose of registering an account, an activation link and deactivation link will be sent to that address; the user should open this link in order to confirm registration or refuse it. After confirmation of registration, the Provider will activate the User’s account.
Registration and the holding of an account on the Tequila Planet service are free of charge.
The use of games integrated with the Tequila Planet application and the Tequila Planet application itself are subject to charge in such circumstances as when the User chooses special paid options and/or services requiring the sending of an SMS to indicated Premium Rate numbers which the User has the right to use. The use of such special functions subject to charge requiring the sending of an SMS to a Premium Rate number is not necessary for commencing and continuing a game.
Additional options subject to charge, available via Premium Rate SMS as defined in para. 5 are:
- options to purchase virtual items, e.g. virtual chips in games offered as part of the Service, - options to send results achieved in games to an Internet ranking of games in the Tequila Planet service.
The User has the right at any time to end a game and start it again from the beginning. Before making use of a paid option, the User will be presented with the price of purchase of the virtual item and/or of sending the result achieved in a game to the Internet ranking. The user will have the possibility to confirm or reject the proposed purchase and/or sending of results. If rejected, no fee will be collected. If confirmed, the application will send an SMS to a Premium Rate number, and the User will be charged with the previously presented and accepted sum.
A User deciding to use a special, non-required game option subject to charge will be presented on the screen of the mobile telephone with a request to confirm the sending of an SMS. The cost of purchase of the option subject to charge will also be displayed. Acceptation is performed by selecting the appropriate option and will result in the sending of an SMS to the indicated Premium Rate number. If the User opts not to send the SMS, no fee will be charged.
The cost of sending one SMS from the application is presented directly in the application prior to completing the purchase.
Fees for using the Service are collected by Operators of GSM Networks.
A Premium SMS/MMS can only be sent from a mobile device, e.g. a mobile telephone.The Service is also composed of SMS/MMS messages containing:
- a WAP layer for downloading a Java application, - messages about available updates to services or about new services, - return messages after purchase of an option subject to charge or sending of results of a game via Premium Rate SMS.
The fee for a WAP connection is not included in the price of the Service and depends on the current charges levied by the GSM Operator.
A User may purchase such games in the Tequila Planet application as are currently listed as available in that application’s menu.
No information placed on the Service’s WWW/WAP pages shall be considered an offer of sale as defined by the Polish Civil Code of any goods or services presented on the Service’s Internet pageand may not constitute the basis for any claims concerning the conclusion of a contract for the sale of goods or services.
Prior to using the Service it is necessary to read in detail the description and these Terms for use of the Tequila Planet application.
Additional information concerning the Service can be found on the Internet at http://www.tequilamobile.com/tp-tc.
If the User wishes to not receive SMS/MMS messages constituting an element of performance of the Service as put forth in para. 6 above, he/she must send an e-mail to support@tequilamobile.comcontaining a request to cease provision of elements of the Service, providing the telephone number and e-mail address to the Tequila Planet service. In such a situation the Provider will cease to send further messages, unless the User again proceeds to use the Service.
§ 3. Additional information about services
The Provider ensures unambiguous identification of parties to the provided Service, as well as confirmation of the fact of acceding by the User to use of the Service upon completion of registration, as put forth in § 2 para. 3 of the Terms.
The Provider shall make it possible to resign from the Service at any time. To do so, the User must send an e-mail address to support@tequilamobile.com with information concerning resignation from the Service. Upon sending such a message regarding resignation from the service, the User shall be obliged to remove the entire Tequila Planet application from his/her mobile device.
The Provider cautions that the use of services provided electronically may be accompanied by risk. Potential threats related to use of these services, as well as technical means available to the Recipients in order to minimise such threats, are described herein http://tequilamobile.com/tp-sec.
Current information about the function and purpose of programming and/or data not constituting an element of the content of the Service entered into the Provider’s ICT system (e.g. cookies) can be found herein http://tequilamobile.com/tp-sec.
Furthermore, the Provider shall be obliged to fulfil the following requests as sent by the User to this e-mail address: support@tequilamobile.com:
- to send the User current information concerning particular threats associated with use of the Service, - to inform the User about the function and purpose of program and/or data not constituting an element of the content of the Service entered into the Provider’s ICT system, - in order to use Tequila Planet service, user is obliged to check and fulfill following obligatory technical requirements, - possess mobile phone equipped with one of the following operating system: Android, Blackberry, Java or Bada, - possess active SIM card and have unlimited access to the Internet through a mobile device, - possess valid e-mail account, - make sure that user phone appears on the device compatibility list (DCL).
§ 4. Intellectual property rights
Tequila Planet is the sole property of the Provider, pursuant to which all rights of the Provider to disposing of the application, making changes to it and granting permission to use the application are subject to the protections of generally applicable statutes, including international treaties.
The User has the exclusive right to use the Service pursuant to such conditions as are set forth in these Terms, exclusively for personal use. Copying, reselling and/or modifying products received as a part of the Service is prohibited.
§ 5. Claims
Claims concerning technical aspects of the Service’s functioning may be sent to this e-mail address: support@tequilamobile.com, or in writing to the Provider’s address.
Claims concerning all other matters apart from those mentioned in the preceding paragraph must be sent exclusively in writing to the Provider’s address.
Claims must be submitted within 14 (fourteen) days from the day on which the cause of the claim arose. Claims submitted after the aforementioned time, as well as those in a format other than the one required, may not be taken into consideration; the submitter of the claim shall be notified thereof.
Every claim should contain a mobile telephone number, a short description of the problem that is the basis of the claim, the date and time of its occurrence and the identification of the User (including his name, surname, postal address and e-mail address).
The Provider will make all efforts to review claims within 90 (ninety) days from the date on which they are received. The submitter of the claim will be informed of the results of its review by the Provider via e-mail sent to the address provided in the claim documentation.
Claims which do not contain the information in para. 4 above shall not be reviewed.
§ 6. Personal data
By registering an account by the User on the Tequila Planet service, in accordance with § 2 para. 3 of these Terms, the User expresses his/her consent to placing his/her personal data in the Provider’s database and to its processing for the purposes of providing the Service. The provision of personal data by the User and consent to its processing are necessary for providing the Service. The User bears responsibility for providing incorrect personal data.
The Provider is the administrator of personal data submitted by the User during registration pursuant to § 2 para. 3 of these Terms.
The provider ensures that the guidelines adopted for the processing of personal data ensure all Users the possibility to exercise their rights as result from the Polish Personal Data Protection Act of 29 August 1997 (Dz. U. 2002 no. 101, pos. 926, with amendments), including but not limited to the right to review ones personal data, the right to demand they be updated and to be removed, and the right to object in such cases as put forth in this act. The exercise of these rights shall be undertaken by sending an e-mail to the Provider containing the appropriate request to support@tequilamobile.com from the e-mail address submitted at registration.
The Provider may process usage data from the User, understood as data characterising the manner in which the User makes use of such services, such as:
- markings identifying the User; - markings identifying the end of the telecommunications network or ICT system used by the User; - information about the commencement, completion and scope of each use of the Service; - information about the use of the Service by the User. - After such time as the User ceases to use the Service, the Provider will stop the processing of personal data of the User with the exception of such data as are for; - necessary for charging for services; - necessary for marketing purposes, market research and research on the behaviours and preferences of service recipients and with the intention for the results of such research to improve the quality of services provided by the Provider, with the User’s consent; - necessary for clarifying the circumstances surrounding improper use of the Service; - permissible for processing on the basis of separate legal acts or contract.
The data gathered are not made available to third parties in such form as would in any way allow the identification of Users, unless the User expresses his/her consent and/or an obligation to make such information available results from legal regulations.
The Provider shall make all efforts to ensure that the processing of personal data entrusted to it, as well as data of which it is the administrator, takes place with the greatest respect for the privacy of those persons whose data are processed and with the greatest care for safety of processed personal data. In particular, the Provider guarantees that it has undertaken all means foreseen by law to secure databases holding data entrusted to it for processing and which it processes as the administrator of the data.
The Provider declares that such technical and organizational means ensuring the security of processed personal data are applied as appropriate to the threats to and categories of data under protection, and in particular that it protects data from being made available to unauthorized persons, from processing in violation of law, and from alteration, loss, damage and destruction.
§ 7. Responsibility of the Provider and User
The Provider declares that he shall make all reasonable efforts to provide the Service at the highest level of quality, in the shortest time.
The Provider has no influence on the quality of services directly provided by the Operator of a GSM network, such as unavailability of SMS/MMS messages on the network of the User.
The Provider shall bear no responsibility for failure by the Service to function or improper function of the Service resulting from force majeure . Force majeure shall be understood as including but not limited to: strikes, administrative decisions, court rulings, disruptions to telecommunications systems and/or gateway systems of other companies, improper functioning of GSM systems operators and of the Internet. If force majeure arises, the Provider shall be entitled to delay the provision of services until such time as the problem is rectified and the system is returned to proper working order.
Independently of the aforementioned, the Provider reserves the right to cease provision of the Service at any time in the event a justified demand to do so is made by the Operator. Excepting such circumstances as provided for in legal regulations and these Terms, the Provider shall bear no responsibility for damage caused by improper functioning of any transmission system, including equipment failure, delays and interruptions in the transmission of information.
It is forbidden to use the Service in a manner that violates legal regulations in effect and moral norms, or in such a manner as violates good practices, that is offensive or violates the dignity of any person.
The User, by indicating to the Provider an MSISDN mobile telephone number to which the application or a recommendation to download the application is to be sent, shall bear all responsibility for claims made against the holder of the telephone number indicated.
The Provider reserves the right to interrupt the provision of the Service and block access to the Service in the event that a violation by the User of these Terms, applicable legal regulations or generally accepted moral principles is declared.
In the event the User violates the provisions of these Terms, applicable legal regulations, accepted moral principles or good practices, or of anyone’s dignity, the Provider shall not be held responsible for any moral, material or other loss incurred.
The User is obliged to adhere to the prohibition of abuse of electronic means of communication and delivering to or via the ICT systems of the Provider any content:causing interruption in the operation or overloading of the Provider’s ICT systems or those of any other entity participating directly or indirectly in the electronic provision of services, violating the rights of third parties, generally accepted social norms, or in violation of generally applicable legal regulations.
In special circumstances having an impact on the safety or security of the ICT system, the Provider has the right to temporarily cease or limit the provision of the Service without notice, and to perform maintenance work intended to restore the safety and stability of the ICT system.
The Provider shall bear no responsibility for interruptions in the provision of services resulting from malfunctioning of ICT systems that are not under the Provider’s control.
The Provider shall bear no responsibility for inability to access services resulting from improper registration by the User.
§ 8. Final provisions
These Terms shall be in effect from 22 April 2011.
The Provider reserves the right to introduce changes to the contents of these Terms. All changes shall be made available at www.tequilamobile.com/tp-tc and shall come into effect on the day of their publication.
Polish law, including the Polish Civil Code and the aforementioned Act, shall be the governing law.
The English-language version of this document serves to assist a wide range of recipients in understanding its contents. In the event of any vagueness, the Polish-language version shall take precedence http://tequilamobile.com/tp-tcpl.
Any disputes arising between the Provider and the User shall be heard by the court appropriate for the headquarters of the Provider, with the exception that such a provision is not binding on consumers.