Terms and Conditions

COOL4MOB
Summary statements:

This mobile download service ‘Cool4mob’ is hosted by: C-traffic B.V. (H.J.E. Wenckebachweg 200; 1096 AS; Amsterdam), hereinafter: C-traffic.

Support line: 0112185618.

Unsubscribe instructions: to deactivate the service send stop to XXXXX.

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: info.za@cool4mob.com.

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

C-traffic 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. C-traffic 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 C-traffic 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 C-traffic 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 C-traffic. 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. C-traffic 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 C-traffic 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 C-traffic 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 C-traffic, its suppliers or other entitled parties.
6.2 C-traffic 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 C-traffic 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 C-traffic’s prior written consent for this purpose.
6.4 The end user indemnifies C-traffic and its officials, management, employees, suppliers and
information provider of third parties against damage and risks and accepts liability towards C-traffic
and its officials, management, employees, suppliers and information provider of third parties for the
consequences or infringement of intellectual property rights of C-traffic 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 C-traffic is at the end user’s risk. C-traffic
strives for the undisrupted use of the content services. C-traffic 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 C-traffic 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 C-traffic 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, C-traffic can
give no guarantees as to the nature, accuracy or content of that information. C-traffic 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 C-traffic and indemnifies C-traffic 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, C-traffic 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 C-traffic 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 C-traffic will only process the end user’s data in accordance with its privacy policy, which can
be viewed and downloaded on the Website. C-traffic observes the relevant privacy laws and
regulations in this regard. As an international company, C-traffic and its affiliated companies work
increasingly beyond the borders of a single country.
8.3 C-traffic 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 C-traffic 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 C-traffic 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 C-traffic website.
These amendments will be regarded as accepted if end users continue to use or download the
Cool4mob services after the date specified for their introduction.
10.2 These General Terms and Conditions can be requested from C-traffic at any time.
10.3. C-traffic B.V. has its registered office in Amsterdam and is registered at the Chamber
of Commerce under number 54535093, VAT no. NL 8513.41.792B01.