GENERAL TERMS & CONDITIONS GLOMOBI

Summary statements:

 This mobile download service ‘Glomobi’ is hosted by: R&D Media Europe B.V. (Max

Euweplein 24, 1017 MB AMSTERDAM), hereinafter: R&D Media.

 Support line: 0112185618.

 Unsubscribe instructions: to deactivate the service send stop to 39326.

 The service is compatible with any kind of mobile handset on 3G/4G or Wifi connection.

 Extra network charges may apply.

 Possible billing errors are handled and sorted in good consultation with the subscriber via the

indicated e-mail address: [email protected]

 The service is used with the permission of the bill-payer, declared and agreed to be 18+ at

the moment of subscribing.

 R&D Media Europe BV is a member of WASPA and is bound by the WASPA Code of Conduct.

Customers have the right to approach WASPA to lodge a complaint in accordance with the

WASPA complaints procedure. R&D Media Europe BV may be required to share information

relating to a service or a customer with WASPA for the purpose of resolving a complaint.

WASPA web site: www.waspa.org.za.

 The costs of the service are 7R per day / 10R per day. If you join this subscription service, you will be

entered into a draw for the promoted incentive / prize.

The following conditions apply in general to the further performance of the service:

Article 1 – Applicability

1.1 In addition to the above statements, the General Terms and Conditions below apply to and form

part of all offers for the digital and other services provided online by R&D Media via the networks of

mobile communication operators (‘the Operator’), with which the end user has taken out a subscription

(‘Mobile Subscription’) (even if the services are not described, or are not described in further detail, in

these terms and conditions). The digital and other services provided online by R&D Media include

games, text messages, sound and/or image files and/or similar services (‘the Content Services’) that

are delivered via the Operator’s network, inter alia by Short Message Services (‘SMS’), General

Packet Radio Services (‘GPRS’) and/or Third Generation Services (‘3G’).

Article 2 – Delivery of Content Service

2.1 The end user requests the content service from R&D Media. The content service is delivered by

the Operator’s service and network to the end user.

2.2 The content of the service is not liaised or related to the offered prize and/or incentive of the

campaign.

Article 3 – Costs

3.1 Offers or quotations mentioned in advertisements are without obligation, unless the offer expressly

specifies otherwise in writing.

3.2 The Costs will be charged by the Operator or debited from the end user’s credit in case of a

prepaid subscription. The end user gives express authorization for this purpose and warrants that the

Costs can be collected.

3.3 Costs can be charged for every message that is sent or received, depending on the type of

message and/or payment method. The standard costs for sending SMSs (i.e. text messages) as

indicated by the operators are applicable to all messages that are sent and received. A one-off

registration charge may also apply. More information about the rates and payment method for the use

of the service in a particular country can be found under the FAQs and/or the Users’ Terms and

Conditions.

Article 4 – Price Adjustments

4.1. R&D Media is always entitled to implement price adjustments after giving notice on the Website.

Existing end users will receive notice by SMS one week before the price adjustment. If end users

continue using the services of R&D Media or register after the date on which the price alteration is

introduced, the alterations will be regarded as accepted.

Article 5 – Termination and Cancellation

5.1 The methods of terminating the delivery of the content service are stated under the Users’ Terms

and Conditions. The service can only be terminated in the manner as set out in the Users’ Terms and

Conditions.

5.2 R&D Media reserves the right to replace any product with an equivalent alternative product without

prior notice.

Article 6 – Intellectual property

6.1 Unless otherwise stated in these General Terms and Conditions, all copyright, patent, trademark,

drawing, model and/or other intellectual property rights relating to the content services and/or the

Website vest in R&D Media, its suppliers or other entitled parties.

6.2 R&D Media grants the end user a limited, non-exclusive, non-transferable and revocable right of

use to download, receive and/or consult content services.

6.3 Unless R&D Media explicitly states otherwise, the end user is not permitted to reproduce, change,

execute, transfer, distribute, sell, use for derived products, or in any other way use the downloaded or

received content services, without R&D Media’s prior written consent for this purpose.

6.4 The end user indemnifies R&D Media and its officials, management, employees, suppliers and

information provider of third parties against damage and risks and accepts liability towards R&D Media

and its officials, management, employees, suppliers and information provider of third parties for the

consequences or infringement of intellectual property rights of R&D Media or third parties, breach of

these General Terms and Conditions arising from the unauthorized use of our services or conduct.

Article 7 – Liability

7.1. Use of the content services and the Website of R&D Media is at the end user’s risk. R&D Media

strives for the undisrupted use of the content services. R&D Media cannot warrant that the content

services will meet the end user’s requirements or that downloading, receiving and/or consulting the

content services will remain undisrupted or error-free.

7.2 The end user recognizes in connection with mobile telecommunication services that the ability to

make a connection, maintain a connection and the quality of a connection is not the same or adequate

at every time and place and that the content services may be adversely affected or become

temporarily unavailable because of interference caused by physical factors (tunnels, mountains,

buildings, etc.), adaptations or maintenance to the Operator’s network.

7.3 If the end user is unable to enjoy undisrupted use of the content services at any time, this will not

entitle him or her to a price reduction for the content services or to a refund for the amounts already

paid.

7.4 R&D Media will never be liable for damage, such as but not limited to the infection or corruption of

the hardware and/or software used by the end user, resulting from access to the Website or the use of

the content services, which includes the downloaded content services and the hardware and software

needed to make a connection. The end user must take his or her own measures to avoid such

incidents.

7.5 If R&D Media is nevertheless liable to compensate the end user, for any reason whatsoever, the

compensation will never exceed the invoice amount for the content services which caused the

damage.

7.6 The content of the Website has been compiled with the greatest care. However, R&D Media can

give no guarantees as to the nature, accuracy or content of that information. R&D Media is not liable

for any errors, inaccuracies, misunderstandings, delays or unclear transmissions of orders and

statements due to the use of the Internet, or for the repercussions of the information point concerned.

7.7 The end user may not send any messages that are infected and/or corrupted, unlawful, harmful,

threatening, vulgar, degrading, repulsive, that infringe privacy or which are objectionable in any other

way to R&D Media and indemnifies R&D Media for all direct or consequential damage caused by

sending such messages.

7.8 The end user must be at least 18 years old. If you are not responsible for paying the mobile

telephone account or are younger than 18, we require consent from the party who pays the mobile

telephone account (your parents, guardian, employer, etc.) before you register and/or participate in the

service. By registering and/or participating in the service, R&D Media assumes that the end user has

obtained the necessary consent, agreement or approval from the payer of the mobile telephone

account, guardian, parents, etc.

Article 8 – Data Processing

8.1 R&D Media gathers and processes (i.e., among other things, gathers, keeps, consults, provides to

third parties, classifies and links) certain personal and traffic data of the end user.

8.2 R&D Media will only process the end user’s data in accordance with its privacy policy, which can

be viewed and downloaded on the Website. R&D Media observes the relevant privacy laws and

regulations in this regard. As an international company, R&D Media and its affiliated companies work

increasingly beyond the borders of a single country.

8.3 R&D Media reserves the right to use all of the end user’s data (mobile number, e-mail address,

etc.) for additional promotional purposes.

Article 9 – Choice of Law

9.1 The use of the content services, agreement and website is subject to the laws of the country in

which the campaign is conducted. The failure of R&D Media to exercise or enforce rights or provisos

of the General Terms and Conditions will not constitute grounds for dispensing with these rights or

provisos. If a proviso in the General Terms and Conditions is held to be invalid by a district court with

jurisdiction, the parties are agreed that the district court must try to give effect to the intention of the

parties as set out in the provisos, insofar as this is permitted by law, and the other provisos of the

General Terms and Conditions will remain fully in force.

9.2 All and any disputes will be exclusively settled by the competent court in Amsterdam.

Article 10 – Final Provision

10.1 R&D Media reserves the right to amend these General Terms and Conditions from time to time.

End users will be informed of the amendments by means of a message on the R&D Media website.

These amendments will be regarded as accepted if end users continue to use or download the

Glomobi services after the date specified for their introduction.

10.2 These General Terms and Conditions can be requested from R&D Media at any time.

10.3. R&D Media Europe B.V. has its registered office in Amsterdam and is registered at the Chamber

of Commerce under number 34233120, VAT no. 817968B040.