Article 1 – Applicability
1.1 The general terms and conditions stated below (“Terms & Conditions”) apply to and are part of all offers and transactions under (digital) services offered (online) by Tazoki Pte Ltd. (“Tazoki”) via the network of any mobile communication provider (“Operator”) with whom the End-user has a subscription (“Mobile Subscription”) or a Prepaid-agreement, irrespective of whether or not these services are further described in these Terms & Conditions. The (digital) services offered by Tazoki may include (but are not limited to) games, text messages, sound and/or image files and/or similar services (“Mobistos Services”) that are supplied via Operator’s network by means of Short Message Services (“SMS”), General Packet Radio Services (“GPRS”), Third Generation Services (“3G”), WAP or other means.
1.2 No departures from these Terms & Conditions shall apply except with the prior express consent in writing from Tazoki for the specific agreement.
Article 2 – Delivery Mobistos service
2.1 The End-user requests the Mobistos Service(s) from Tazoki. These will be delivered by Tazoki via network of the Operator to the End-user.
Article 3 – Terms & Conditions
3.1 You will have to compete against players from your own country.
3.2 The advertised prize has been previously advertised in a different advertisement (including look and feel) and on different mediums. However 1 PRIZE will only be given out for all the advertisements and on different mediums bearing the same item which has the same end of the term date.
3.3 The End-user need to be at least 18 years old. If you are not the person responsible for paying the mobile bill or under 18 years of age, please obtain the permission of the payer of the mobile bill, parents, guardian, employer before subscribing and/ or participating in the service. By subscribing and/or participating in the service, Tazoki presumes that End-user has obtained the necessary permission, consent or approval from the payer of the mobile bill, guardian or parents.
3.4 At the end of term for the promotion, the winner list will be uploaded on this website. The results are final and binding and no correspondence will entertained. Within 7 workdays after the closing of the promotion, the winner will be personally contacted via the mobile number used to subscribe to the Mobistos Service. Upon being notified as the winner, the winner have 60 days from the date of notification to collect or to provide Tazoki winner’s address to which the prize is to be sent to. If winner fails to collect the prize or provide the address to send to prize to or be in contact with Tazoki within 60 days after being notified, the prize won will be forfeited and Tazoki shall no longer be required to give winner the prize. The prize will then be given to the second highest points winner with also the same 60 days’ time period to collect or providing Tazoki the forwarding address to send the prize to. If the prize is sent to the winner’s address Tazoki will not be held responsible and/or liable for any damages or losses of the prize that may incur.
Article 4 – Prizes
4.1 Tazoki reserves the right to replace the item of equal or greater value as an alternative to replace any of the prizes in whole or in part. The prize must be accepted as offered, and is not transferable or severable.
4.2 The coverage of the promotion will be mentioned under ‘Products and Prizes’ under this website. Tazoki reserves the right to utilize all winners’ images, photograph, name and area of residence for all future promotion, publicity or marketing purpose without getting prior consent or notice or paying the winner.
Article 5 – Cost
5.1 Offers or statements mentioned in advertisements or www.mobistos.com (“Website”) are without engagement unless it is expressly stated in writing otherwise.
5.2 Charges are debited against the End-user’s account by the Operator; in the case of a pre-paid subscription, charges are deducted from the End-user’s credit balance. The End-user hereby expressly grants his or her authorization for charging, and commits to payment in full for the charges incurred as a result of participating in Tazoki’s service/ Mobistos Services. By mutual consent it is furthermore possible to arrange payment of the charges by an alternative means (for example credit card).
Article 6 – Price changes
6.1 Tazoki is at all times entitled to change any and all costs following prior announcement on the Website. Changes shall be deemed accepted if End-users continue to use or subscribing to Tazoki’s Mobistos Services after the date on which the price change is to be implemented.
Article 7 – Termination and unsubscription liability
7.1 Tazoki may immediately terminate all Mobistos Services to the End-user if (a) the End-user fails to pay the charges within the period stated in End-user’s mobile phone subscription with the Operator, or (b) Tazoki (i) has cause to believe that the End-user acts or has acted in violation of this Terms & Conditions or (ii) is expressly requested by the Operator to do so or (c) any law, regulations, directives or governmental action renders all or any portion of the Mobistos Service is unlawful or impractical; or (d) the End-user use of the Mobistos’s Service impairs or threatens to impair the integrity or functionality of the Tazoki network in any manner.
7.2 Tazoki shall accept no liability towards the End-user and/or third parties resulting from termination or cancellation of the Mobistos Service(s)
Article 8 – Intellectual property
8.1 Except where stated otherwise in these Terms and Conditions, all patent, author, brand, drawings, model rights and/or other (intellectual) property rights with regard to Mobistos services and/or the Website belong to Tazoki, their distributor, or it’s supplier.
8.2 Tazoki hereby grants end-users with a limited, non-exclusive, non-transferable, and revocable right of use for the download, and/or viewing of Mobistos Service(s).
8.3 Unless expressly stated otherwise by Tazoki, the end-user is expressly forbidden to reproduce, modify, reverse engineer, rent, lease, loan, transmit, duplicate, execute, transfer, distribute, sell, resell, create derived products from or use in any other way the downloaded or received Mobistos Services in whole or in part, other than in the ways and for the purposes expressly consented to in writing by Tazoki.
8.4 The end-user indemnifies and hold harmless Tazoki its officers, directors, employees, suppliers and any third party information provider and accepts liability to Tazoki its officers, directors, employees, suppliers and any third party information provider for the consequences of breaches of intellectual property rights of Tazoki or third parties, , violation of this Terms and Conditions or the Games Terms and Conditions arising from unauthorized use of Mobistos services or conduct on the Website.
Article 9 – Liability
9.1 The use of the Mobistos Services and Website of Tazoki takes place at the end-user’s own risk. The end-user must provide all compatible mobile phone, hardware or other devices and software and ensure that they are in working order and suitable for the Mobistos services. Tazoki cannot guarantee that the Mobistos services meet the requirements of the end-user or that the download, receipt and/or viewing of the Mobistos services shall be free of interruption or errors.
9.2 The end-user acknowledge that mobile telecommunication services, such as the Mobistos services, are subject to the ability to establish and/or maintain a connection, that the quality of the connection may not be equivalent or sufficient at every place and time, and that the Mobistos Services can be negatively influenced or temporarily unavailable due to disturbances caused by physical factors (tunnels, mountains, buildings, etc.), or by modifications or maintenance to the Operator’s network.
9.3 If at any time the subscribers is unable to make uninterrupted use of the Mobistos Services, this shall in no way lead to any right to reduction of the charges for the Mobistos Services nor to any right to restitution of payments previously paid.
9.4 Any subscription or download of the Mobistos services are at the end-user’s own discretion and risk and that under no circumstances shall Tazoki be held liable for damage of any kind, including but not limited to infections or contamination or loss of data or damage(s) of the end-users’s hardware and/or software resulting from access to the Website or use of the Mobistos services or downloaded Mobistos services, including the hardware and software required to connect to the Mobistos services. It is the responsibility of the end-users to take the necessary measures to avoid potential damage of this nature.
9.5 In the event that Tazoki for any reason whatever is held liable to compensate the end-user for direct or consequential damage of any kind, such compensation shall on no account exceed the invoice value of the Mobistos Services paid by the end-user for the alleged damage.
9.6 The contents of the Website have been compiled with the greatest care. However, Tazoki cannot provide any guarantee as to the nature, accuracy or content of this information. Tazoki shall not be held liable for any errors, omissions, inaccuracies, misunderstandings, delays or illegible orders or notifications pursuant to the use of the Internet, or the applicable information point.
9.7 The end-user shall not send infected and/or contaminated, unlawful, harmful, threatening, vulgar, defamatory, tortuous, invasive of other’s privacy or otherwise objectionable messages to Tazoki, and indemnifies Tazoki against any damages direct or consequential pursuant to the sending of such messages.
9.8 The Mobistos Service provided by Tazoki is for purpose of entertainment only and the information or answers are not a professional advice regardless whether it is financial, love, management or any other information or advice. If you require accurate advice, please seek advice from a professional and do not rely on the information provided in the Mobistos Service.
Article 10 – Legal choice
10.1 The use of the Mobistos Services, the Agreement and the Website are subject to the laws of the country in which the campaign takes place. The failure of Tazoki to exercise or enforce any rights or provisions of the Terms & Conditions shall not constitute a waiver of such rights or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intention as reflected in the provisions to the fullest extent permitted by the law and other provisions of the Terms and Conditions remains in full force.
10.2 Any and all disputes shall be resolved before a competent court in Singapore.
Article 11 – Final provision
11.1 These Terms & Conditions are available for viewing at Tazoki, and a copy will be provided free of charge upon request.
11.2 Tazoki reserves the right to change these Terms and Conditions from time to time. Changes shall be notified to end-users by posting on the Tazoki Website. Changes in this manner shall be deemed to have been accepted if end-users continue to use or download the Mobistos Services after a period of date stated on which on which it will be implemented.
11.3 Tazoki reserves the right to replace any item with other substitutes at similar value without prior notice.
11.4 Please send all correspondence regarding the Mobistos Services or these Terms & Conditions to Tazoki Pte Ltd. by e-mail: [email protected] or you can call 1300136616 (toll free, excluding the costs for the use of your mobile phone)