SERVICE CONDITIONS
WELCOME TO NATTA (from now on "NATTA") BEFORE YOU USE OUR SERVICE, YOU MUST READ CAREFULLY OUR CONDITIONS ("CONDITIONS").
BY USING OUR SERVICE, YOU AGREE TO THESE CONDITIONS; IF YOU DO NOT AGREE PLEASE DO NOT USE THE SERVICE AND LEAVE THIS WEBSITE.
1. Description
NATTA provides downloadable mobile entertainment content, such as ringtones (real, polyphonic and others), games, graphics, wallpapers, screensavers, news and other information data through its on-line (World Wide Web), SMS (Short Messaging Service) and MMS (Multimedia Messaging Service) services to certain compatible mobile devices (the "SERVICE"). The SERVICE may also include access to products and services of independent third parties. After proper registration and payment, the user (“the CLIENT”) will be permitted to download certain Products through the SERVICE to compatible mobile phones and other compatible devices.
2. Access
(i) Access to the SERVICE. In order to use the Service you must have more than 18 (eighteen) years old. The contract is void where prohibited. In order to use the SERVICE, you must also have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which NATTA makes the SERVICE available, and pay all fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the SERVICE, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with NATTA's operations. Any equipment or software causing interference shall be immediately disconnected from the SERVICE and NATTA shall have the right to immediately terminate this Agreement. If any upgrade in or to the SERVICE requires changes in your equipment or software, the CLIENT must provide himself these changes at his own expense. Unless explicitly stated otherwise, any new or additional features that augments or enhances the current SERVICE, including the release of new products and services, shall be subject to the conditions of these CONDITIONS.
(ii) SERVICE Description. NATTA is offering its SERVICES as individual downloads or as a bundle of credits for a defined number of individual downloads on a renewable subscription basis. Unless otherwise expressly indicated, no information presented in the SERVICE or in connection with any products and services shall be deemed as a binding offer by NATTA, but as an invitation for the CLIENT to order. The contract for the ongoing Subscription Service between the CLIENT and NATTA shall begin when NATTA, upon the CLIENT’s request, has provided the CLIENT with access to the SERVICE (such access may be based on a personal username and password generated for that purpose. Access to the SERVICE can be provided by delivering to the CLIENT downloadable mobile entertainment content of the content category the CLIENT subscribed from those referred above. The subscription period is one week or one month depending on the type of the subscription. The Subscription period will be renewed each week or month as applicable and a new subscription fee shall become due for the new subscription period. The subscription contract shall remain in effect until terminated and/or cancelled by you or NATTA according to Section 8 of these Conditions. Contracts for the products and services of NATTA and independent third parties which are made available through the Service shall be effective when NATTA or the third party has accepted your order for the same or has provided you with the product or service pursuant to your order.
The monthly subscription contracts include a certain defined number of credits which entitle the CLIENT to download, receive and/or access that defined number of individual downloads of mobile entertainment content for a monthly flat fee. After entering into the CLIENT’s subscription contract, every month NATTA will transfer download credits to his account. The type and number of credits the CLIENT is entitled to is dependent on the type of subscription chosen. The provision of credits and the making available of the possibility to download, receive and/or access mobile entertainment content is offered for a flat fee. The monthly flat fee shall become due every week/month the CLIENTS subscription contract is valid irrespective of whether or not the CLIET actually download any content during any particular subscription period; the consideration for the monthly flat fee shall solely be the monthly provision of the right to download, receive and/or access downloadable mobile entertainment content, in other words the making available of the respective download, WAP, SMS and MMS service credits. The number of credits for downloads shall be reduced by actual downloaded mobile entertainment content, i. e, the download of mobile entertainment content is evaluated as redemption of one or more credits and thereby reduces the total number of downloadable mobile entertainment content the CLIENT is entitled to download, receive and/or access with his subscription contract during that particular subscription period. Depending on the type of the subscription, if the CLIENT does not use/redeem all the credits within the subscription period (one week or one month), the unused credits will either (a) be rolled over into the next subscription period and remain in the client account until used/redeemed or until expiration or termination of CLIENT’s subscription contract or (b) will expire at the end of the respective subscription period. If the CLIENT’ downloads mobile entertainment content in excess of the amount allowed by his selected subscription contract, then the CLIENT agrees to pay the applicable NATTA retail rate for such additional downloads.
Credits can only be used to download mobile entertainment content offered by NATTA.
If the CLEINT purchased the NATTA product in a store or directly from NATTA or a third party, the service shall be deemed concluded at the time of the purchase of the product.
(iii) Responsibility for the Use of the SERVICE. The CLIENT is fully responsible for all activities that occur under his password. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the SERVICE or any products and services made available through the SERVICE. The CLIENT agrees to notify NATTA immediately in case he become aware of or suspect unauthorized use of his password or account or Subscription or any other breach of security, and to ensure that you log out of his account at the end of each session. NATTA cannot and will not be liable for any loss or damage arising from the CLIENT’s failure to comply with this Section. The CLIENT acknowledges and agrees that he will not use the Service for any commercial purposes.
(iv) Registration and Registration Data. Upon CLIENT’s request, NATTA may register the CLIENT as a user and provide him with access to the SERVICE by allocating him a personal username and password. NATTA may need to change usernames allocated to certain of its Services and reserves the right to do so. The same procedure may apply to products and services made available through the Service. The CLIENT is solely responsible for maintaining the confidentiality of any possible password and account. In exchange for the CLIENT’s use of the SERVICE (in addition to the payment of applicable fees) the CLIENT’s agree to: (a) provide true, accurate and complete information about himrself as prompted by the registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If NATTA has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, NATTA has the right to suspend or terminate the client account and refuse any and all current or future use of the SERVICE (or any portion thereof). Prior to any such withdrawal NATTA shall temporarily withdraw the SERVICE and notify the CLIENT of the grounds on which the SERVICE has been withdrawn. If the position has not been rectified within 14 working days of the notice such withdrawal will be made permanent.
(v) Access independent of Registration. NATTA may provide the CLIENT with access to some Services without any registration. In that case the CLIENT’s identification is based on other means of identification that NATTA deems appropriate. Identification is typically based on data identifying the CLIENT’s Subscription, such as the mobile phone number. The CLIENT agrees that such information may be collected and disclosed to NATTA and used in accordance with Section 3.
(vi) Assignment. The CLIENT may not assign or transfer in any other way the contract or any of his contractual rights. NATTA shall have the right to assign its rights and obligations under this contract and any receivables based on this contract to a third party upon written notice to the CLIENT, provided such assignment is made under terms not less favourable to him than those in these conditions. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider.
(vii) License to Download(s). The CLIENT acknowledges and agrees that the Download(s) made available as part of the SERVICE are owned by NATTA, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. NATTA hereby grants, and the CLIENT hereby accepts, a limited, non-exclusive, non-transferable, revocable license to download and use the Download(s) and the SERVICE on a designated compatible mobile device solely for personal use. The CLIENT further acknowledges and agrees that he may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in these CONDITIONS.
(viii) Interruption of the SERVICE. NATTA may suspend the SERVICE for repair, maintenance, and/or upgrade work. In that event, NATTA shall aim at keeping the said interruption short and at causing as little inconvenience to the CLIENT as reasonably possible. NATTA reserves the right to modify or discontinue, temporarily or permanently, individual services provided by it or third parties via the SERVICES, or the SERVICES themselves. If a service is or the SERVICES are to be permanently discontinued by NATTA it will notify the CLIENT of this fact and reimburse him for any pre-paid fees.
(ix) Contracts for Products and Services of Third Parties. The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where reasonably possible, NATTA shall indicate the products and services as third party content. Even though they may be co-branded with NATTA and therefore include NATTA's trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. NATTA shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties.
3. Privacy
(I) The CLIENT allows NATTA to collect and make use of "personal data" (i.e. information that could be used to contact the CLIENT, such as full name, postal address, phone number or e-mail address), "financial data" (i.e. credit card numbers, bank account information or passwords) or "demographic and usage data" (i.e. information that the CLIENT submit or that be collected by NATTA which shows necessary for the proper functioning and billing of our service, such as date regarding the start and end and the extent of your usage of the service), subject to the rest of this paragraph in order to operate this site.
(II) NATTA is allowed to transmit the “personal data” of the CLIENT to the mobile phone service provider to secure collection of fees.
(III) Furthermore, NATTA is also allowed to transmit the CLIENT’s information to governmental agencies, including but not limited to courts and district attorneys' offices, for legal proceedings and the prevention of crimes.
(IV) Personal information collected by NATTA may be stored and processed in Portugal or any other country in which NATTA or its agents maintain facilities, and the transmission of the information outside of CLIENT’ s country is expressly accepted by the CLIENT when he uses the SERVICE.
(V) The CLIENT’ s personal data, financial and demographic information will be deleted no later than six months after termination of your subscription, unless other term of the storing would be required by law or contract, which means that NATTA may store the information beyond this date.
(VI) It is granted to the CLIENT the right to access to the personal information and the possibility to correct and eliminate it for marketing, telemarketing and divulgation reasons.
(VII) TOTAL TIM is responsible for the processing of all the information mentioned above.
§1 – NATTA could contract with publicity companies to insert advertisement in the website. These companies could use cookies and action tags to measure the efficiency of the advertisement. All the information obtained by other persons is completely anonymous.
4. Disclaimer of warranties and limitation of liabilities
The CLIENT recognizes that his use of the service and the download of content is at your own sole risk and that you must comply with the instructions given by NATTA.
Except in jurisdictions where such provisions are restricted, the CLIENT agree that company's entire liability to you or any third person, and your or any third person's exclusive remedy, in law, in equity, or otherwise, with respect to the service(s) provided under this agreement and/or for any breach of this agreement is solely limited to the amount you paid for such service(s) during the term of this agreement.
Except in jurisdictions where such provisions are restricted, NATTA, its licensors and contractors (including any third parties providing all or part of the services) shall not be liable for any indirect, incidental, special or consequential damages even if company has been advised of the possibility of such damages. to the extent that a country does not permit the exclusion or limitation of liability as set forth herein, company's liability is limited to the extent permitted by law in such country.
5. Indemnification
The CLIENT agree to indemnify and hold NATTA, its parent company, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of or in connection with (a) the CLIENT’s use of the SERVICE, and (b) the breach by the CLIENT of his representations and warranties set forth herein.
6. Intellectual Property Rights
Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the SERVICE ("NATTA Intellectual Property Rights") are owned by NATTA or its licensors, and you agree to make no claim of interest in or ownership of any such NATTA Intellectual Property Rights.
The CLIENT acknowledges that no title to the NATTA Intellectual Property Rights is transferred to him, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.
7. Charges
1) Fees.
(I) The weekly fees for the Subscription Service fees are available in all used media channels.
(II The weekly fees shall be charged for every subscription period the contract is in effect. The CLIENT shall pay NATTA for the Services and the use thereof in accordance with the price lists in force at the time of your order.
(III) Unless otherwise indicated, the charges shall be billed according to the billing method agreed upon by the CLIENT and His mobile operator. Where applicable, the charges can also be paid by using credits, with the CLIENT’ s credit card, by bank transfer or through his user account. The different payment methods are specified during the order process for the product you chose. NATTA may also invoice the CLIENT for the charges of third parties whose products or services are available through the Service if this has been agreed upon with said third party. Such charges shall be invoiced in accordance with the fees of such third parties.
2) Fee Changes.
(I) All fees, including fees for existing subscription contracts, are subject to change upon notice from NATTA. NATTA will provide the CLIENT with reasonable notice of such change.
(II) If The CLIENT do not accept the new fees (which will be applicable on a prospective basis only), you may cancel his subscription and/or his account effective immediately upon termination.
3) Late Payments.
Any past due unpaid amount shall bear the annual legal interest rate due at the time.
8. Termination and Cancellation of Services; Cooling- Off Period
To unsubscribe by text message, text "STOP’’ to 57587 or send an email to support.ir@timwe.com
The termination shall become effective immediately upon termination.
The CLIENT agree that NATTA, at its sole discretion, may at any time terminate your use of the SERVICE or individual services provided via the Services and remove and discard any content within such services, if the CLIENT remain in breach of this agreement for more than seven days from notice of such breach.
NATTA may cancel all or any of the Services (or individual services provided via the Services) if NATTA believes that you have violated or acted inconsistently with these CONDITIONS.
The CLIENT agree that upon termination of his access to the SERVICE under any provision of these CONDITIONS, NATTA may immediately deactivate or delete his account and all related information and files in his account and/or no permit (bar) any further access to such files or the Service.
Further, the CLIENT agrees that NATTA shall not be liable to the CLIENT or any third party for any termination of his access to the SERVICE.
If the CLIENT cancels his account or subscription for any reason, NATTA will not refund any of his fees paid to date, except as provided in provision 2 of these CONDITIONS.
Customer also has the statutory right to withdraw from the contract within 10 days after the effective date of the agreement ("cooling-off period"), provided, however, that their (your) right to withdrawal immediately terminates if their (your) first use of the service occurs before the end of the cooling-off period. to withdraw from the agreement within the withdrawal period, send a termination notification via e-mail to support.ir@timwe.com or via postal mail to to TOTAL TIM, address: Avenida Infante Santo 2H - 3rd Floor 1350-178 LISBON - PORTUGAL, which communication must clearly state client’s name, address and phone number, and be postmarked within the withdrawal period.
9. Miscellaneous
(1) Notices and Announcements.
Except as expressly provided otherwise herein, all notices to NATTA shall be in writing and delivered to the following address:
Avenida Infante Santo 2H - 3rd Floor 1350-178 LISBON - PORTUGAL
NATTA shall serve notices related to this contract by posting them on the NATTA web site or by sending them to the postal address or e-mail address the CLIENT have given to NATTA or as a text message to CLIENT’s mobile phone number. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the NATTA Web site or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.
(2) Changes of CONTITIONS.
The CLIENT acknowledges and agrees that this agreement is subject to change by NATTA at any time, which changes shall be effective upon posting such changes to the website. Any use of the SERVICE after such posting shall constitute acceptance of such changes by the CLIENT.
(3) Other terms, entire agreement.
These CONDITIONS are in addition to any NATTA or third party conditions applicable to products and services, which may be posted in connection with such products and services. In case of any discrepancy between the CONDITIONS and such specific conditions, the latter shall prevail. These CONDITIONS and any other terms or documents referred to herein represent CLIENT’s entire agreement with NATTA with respect to the CLIENT’s use of the SERVICE. CLIENT understands and agrees that, except as expressly set forth herein, this agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
(4) Severability.
If any part of this agreement is held invalid or unenforceable, that part shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties.
(5) Waiver.
If NATTA's failure to pursue any available claim or defence pursuant to these CONDITIONS or otherwise will not be a waiver of such claim or defence. The headings used in these CONDITIONS are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.
(6) Headings.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
(7) Survival.
In the event this agreement terminates as provided herein, Sections 2 (iii) and (viii), 4, 5, 6 and 9 of these CONDITIONS shall survive such expiration or termination.
(8) Governing Law and Jurisdiction.
This agreement and the CLIENT’s use of the website and SERVICE shall be governed and construed in accordance with the laws of Ireland. You further agree that for any matter arising out of or pertaining to this Agreement venue shall be proper in courts and legal tribunals located in Ireland.
NATTA Ireland is a service of TOTAL TIM
Address: Avenida Infante Santo 2H - 3rd Floor 1350-178 LISBON - PORTUGAL