Article 1 Applicability
1.1 In these General Terms and Conditions, the terms below have the following meaning:
Subscription: every Agreement with Cell Candy for (the use of) a Service of Cell Candy, for which the amounts due are charged on a regular basis;
Content: (digital) information, such as text, data, moving, static and graphic images, audio recordings and information in any other form, such as games, advertising and/or similar services;
Consumer: a Customer that does not act in the course of a profession or business;
Service: the mobile telecommunications/texting service offered or provided by Cell Candy, consisting of Content, in any form whatsoever, being made available;
Customer: the customer or prospective customer of Cell Candy;
Pornitube.mobi: a trade name of Cell Candy;
Agreement: every agreement under the terms of which Cell Candy provides (one or more) Services;
Cell Candy LTD.
1.2 These General Terms and Conditions supersede any and all General Terms and Conditions declared applicable in the conclusion of any earlier Agreement.
1.3 These General Terms and Conditions shall apply to all on-line offers from Cell Candy and to all Agreements concluded on-line with Cell Candy.
Article 2 Offers, orders and agreements
2.1 All offers made by Cell Candy are subject to contract. Orders and the acceptance of any offer by the Customer shall be irrevocable.
2.2 An Agreement between Cell Candy and the Customer shall be concluded after all data requested by Cell Candy have been provided and Pornitube.mobi has confirmed the Order to the mobile telephone number specified by the Customer or on the screen of the Customer's mobile telephone.
2.3 All relevant information with regard to Cell Candy and the Services to be procured as well as the applicable General Terms and Conditions can be found on the web site(s) of Cell Candy. If the Customer so requires, the Customer shall be responsible for storing and printing the General Terms and Conditions and for the saved version being available. Cell Candy is not obliged to keep any archived Agreement accessible for the Customer.
2.4 The Customer warrants that he/she/it has provided any information requested by Cell Candy in connection with the Agreement in full and truthfully.
Article 3 Conformity
3.1 Statements by Cell Candy relating to results, characteristics and the like are approximations and are free of obligation.
3.2 Images, descriptions, photographs, catalogues, advertising material, offers and the information included in the web site(s) of Cell Candy, in any form whatsoever, shall not bind Cell Candy.
Article 4 Intellectual Property
4.1 Access to, use of and/or procurement of the (contents of the) Service by the Customer shall not result in any intellectual property right being assigned to the Customer.
4.2 The Customer shall solely acquire a limited right of use to the (contents of the) Service and the Customer knows and accepts that said right of use may be subject to additional licensing terms (which may be from third parties).
4.3 The Customer indemnifies and holds Cell Candy harmless from the consequences of any infringement of the intellectual property rights of Cell Candy or of any third party, as a result of use in contravention of the terms and conditions of the Agreement.
4.4 The intellectual property rights with regard to the web site of Cell Candy, the design thereof and the descriptions, images, photographs, videos and other information included in the web site(s) of Cell Candy, in any form whatsoever, are vested in or a licence for the same has been granted to Cell Candy or an organization/business affiliated to Cell Candy.
Article 5 Prices
5.1 The (purchase) price and additional postage, VAT and any other costs or surcharges payable by the Customer shall be stated clearly on the web site(s) of Cell Candy.
5.2 The prices stated on the web site(s) of Cell Candy are subject to contract and subject to changes.
Article 6 Subscriptions, rates, payment
6.1 Every Subscription shall be taken out by the Customer for an unspecified term. The minimum subscription term is one (1) week.
6.2 The Customer may terminate the Agreement at any time via either of the following ways: by calling 03303900453, by texting STOP to xxxxx Instructions to that end are posted on the web site(s) of Cell Candy. Termination of an Agreement shall not result in any party being entitled to any payment or compensation other than the amounts due at that moment.
6.3 The Customer shall pay the amounts due for the Service to the mobile network provider with which the Customer has an Agreement. The rates to be paid shall be increased by VAT and other government charges, unless specified otherwise.
6.4 Cell Candy has the right to adjust the rates unilaterally.
br 6.5 The records of Cell Candy shall be decisive for the determination of the sums due, unless the Customer proves that those records are incorrect.
6.6 All rates shall be due from the moment the Agreement is concluded.
Article 7 Force Majeure
7.1 If Cell Candy is prevented from fulfilling the obligations under the Agreement due to force majeure, it has the right to suspend performance of the Agreement. In that case, the Customer shall not be entitled to damages or reimbursement of costs/expenses.
7.2 Force majeure shall include non-delivery or late delivery of goods or services by any third party retained by Cell Candy.
Article 8 Liability
8.1 Cell Candy shall not be liable for any damage/loss arising from the conclusion or performance of any Agreement or the use of a Service, unless otherwise provided for in this Article.
8.2 Cell Candy shall only be liable for any direct damage/loss sustained by the Customer - explicitly excluding emotional damage - as a result of a breach attributable to Cell Candy - and for each event or series of related events - up to a maximum of the invoice value of the Service provided by which or in connection with which the damage/loss was caused.
8.3 Failures in any form whatsoever in the service provision by third parties, such as mobile network providers or service providers, cannot be attributed to Cell Candy.
8.4 Cell Candy hereby excludes every liability for any damage/loss not specified in Article 8.2.
8.5 Any claim against Cell Candy shall lapse after six (6) months of the claim arising, unless it has been recognized by Cell Candy.
Article 9 Privacy
9.1 Cell Candy shall respect the privacy of the Customer. Cell Candy shall process the personal data of the Customer in accordance with the Privacy Statement that can be inspected on the web site of Cell Candy. The Customer hereby agrees to the processing of his/her/its personal data.
Article 10 Final Provisions
10.1 The operation of any international treaty/convention relating to the sale of goods, which can be excluded by the parties, does not apply and is hereby explicitly excluded. More specifically, the applicability of the Vienna Convention 1980 (CISG 1980) is hereby explicitly excluded.
10.2 If the Customer acts on behalf of any other party, he/she/it shall be liable, without the liability of those others, towards Cell Candy as if he/she/it were the Customer.
10.3 If any provision of these General Terms and Conditions proves void or voided vis-à-vis the Customer, a valid provision is deemed to apply instead which approximates the void or voided provision as much as possible.
10.4 All disputes which we have been unable to resolve between Cell Candy and the Customer shall be submitted to the exclusive jurisdiction of the competent court in the United Kingdom.
10.5 The laws of the UK govern the interpretation of these terms. If you wish to take court proceedings against Us, You must submit any dispute arising out of or relating to this agreement to the courts of your domicile in the UK.