This document establishes the General Terms and Conditions (hereinafter collectively called the "Terms and Specific Terms ") that regulate the use of the products or services offered by GIANT MOBILE SOCIETY SLU. (hereinafter GIANT MOBILE SOCIETY) and are applicable not only to the content and services supplied via mobile internet (the "MID service" called), but also to the services supplied via the internet, this website or any wapsite ("the Sites") and / or via other means of mobile content delivery. The download or use of any service by the user shall will imply a full acceptance of these General Terms and Conditions. Therefore, we recommend not to use these services in case of disagreement with any condition here established.
The service is offered in the Malaysia.
The Service Starchef is offered by GIANT MOBILE SOCIETY, Av. Arcadi Garcia Sanz,19 - 1 A, Vila-real, 12540, (Castellon – SPAIN) e-mail:email@example.com
3. SERVICE, ACCESS TO THE SERVICE, AVAILABILITY AND AGE
GIANT MOBILE SOCIETY offers services and downloads of entertainment content through its WEB, WAP and SMS services for compatible mobile phones, tablets and/or PC. The services may also include access to third party products and services. The User of the Service Starchef must be resident in the South Africa and must be at least 18 years old or have the bill payers permission to use the Service. The User will be bound by the General Terms and Conditions. If you register for the Service you recognise and confirm that the General Terms and Conditions have been read and accepted by you, as above mentioned. If you register for the Service and / or user of the Service recognizes and confirm that the Terms and Specific Terms have read that you have accepted and that you comply with the terms and conditions applicable to your situation as above mentioned.
The Starchef fees will be communicated to you through the Service and the Sites. You will incur your standard network charge from your mobile network provider why you initiate your subscription. If for any reason you wish to cancel the Service Provider will not refund fees paid for the cancellation, save in the event of the failure to deliver the subscribed service.
5. CUSTOMER AND COPYRIGHT AGENT
6. DESCRIPTION OF THE PROVIDER OF THE SERVICE
GIANT MOBILE SOCIETY offers services and downloads and stream services of entertainment content through its WEB, WAP and SMS services for compatible mobile phones and/or PC. The services may also include access to third party products and services. The Terms and the Additional Terms are also apply to any expansion or improvement of the present Services. The Provider, the Service (or any part thereof) at any time temporarily or permanently modify or terminate. You agree that Provider is not liable towards a third party or you as user if the Service is amended, terminated or interrupted.
7. ACCESS TO THE SERVICE, AVAILABILITY AND AGE RESTRICTION
To use the Service, you must (1) be at least age reached which is called and / or consent of (one of) the parents and / or the Paying Agent to you on behalf of him or her to sign up for and use the Service and (2) on behalf of this parent and / or the paying agent and yourself to be bound by these General Conditions. If you registering for the Service and / or user of the Service you acknowledge and you confirm that you have read the Terms of Service that you have accepted and to comply the conditions applicable to your situation as mentioned above. The Service is provided "as is" and "as available" at the time of the use or consumption. The Provider accepts no liability and offers no guarantees if personal settings, information or messages (in time) are saved, deleted or incorrectly delivered. In order to make use of the MID service must have the necessary devices. To avoid disappointment, please to - before you sign up for the service – check that your device (smartphone, PC/Mac, tablet) is compatible with content you want to enjoy. In addition, YOU MUST HAVE A SUBSCRIPTION TO MOBILE COMMUNICATIONS IN A MOBILE NETWORK PARTICIPATING PROVIDER, OR IN OTHERWISE HAVE ACCESS TO A NETWORK FOR MOBILE COMMUNICATIONS, THROUGH WHICH THE PROVIDER OF THE SERVICE AVAILABLE ARE AND YOU MUST ALSO HAVE ACCESS TO THE SERVICES AND HAVE THE CORRECT SETTINGS FOR YOUR MOBILE NETWORK SELLER. IT IS POSSIBLE THAT YOU RELATING TO YOUR ACCESS AN ADDITIONAL FEE SHOULD PAY FOR THIS SERVICES AND INSTITUTIONS. YOU MUST HAVE A WORKING INTERNET THAT IS INSTALLED ON YOUR DEVICE (WAP, GPRS, WIRED, WIFI). ON THE WEBSITE OF YOUR CARRIER YOU FIND INSTRUCTIONS. You are responsible for ensuring that you are satisfied that you have the equipment which is necessary in order to establish the connection, including a mobile phone or PC or other devices that may be required. You are responsible for ensuring that you are satisfied that your equipment and / or Software's Service Provider not disturb or interfere. Equipment or Software causing interference shall be immediately disconnected from the Service and Provider shall have the right to change the Service with immediate effect terminate or suspend. If any upgrade in or to the Service changes in your equipment or software is required, you must effect these changes at own expense. GIANT MOBILE SOCIETY shall interrupt its services in order to make repairing works, system corrections, maintenance services and/or other improvements, if appropriate and necessary.GIANT MOBILE SOCIETY may likewise modify or interrupt temporally or permanently certain services offered directly or by third parties.
Cost of the service is 8 Rm. per week. You have free access to our Sites. For the MID service should be registered as account and for using the MID service pay a fee in accordance with the applicable rates of the Provider, through your own phone bill of your mobile operator when you subscribe has or is this fee from your phone credit. Separate text message fees your wireless provider of application. In the free welcome message from Provider you will find information about the fees, payable to the Provider, and the frequency of Service. All fees, including fees for existing subscriptions may be amended upon notice from the Provider. The Provider will provide you with reasonable notice of such change. If you not accept the new fees (which never retroactively will apply), you can cancel your subscription and / or your relationship with the Provider with immediate effect. On the billing by a third party the payment conditions of this third party application. You pay or reimburse to Provider all national and local or other taxes (other excluding the tax based on the net profit of Provider) with including, but not limited to sales, use-related property tax and gaming tax or any other taxes rather thereof, which taxes are based on the costs due to use of the Service, regardless of whether those taxes now or in the future imposed by international, European, national or local authorities or by another body or bodies with the power to levy taxes.
9. CODE OF CONDUCT FOR THE USE OF THE SERVICE
You agree to use the Service in accordance with the following Code: you will observe confidentiality with regard to using the Service you information and that information will not be to others, without the consent of the Provider or the person providing the information to you has supplied; you will not use the Service for you to engage in harassment or offensive behavior, including, but not limited to, the placement of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene or offensive language or images; you will not use the Service to protect the privacy rights, property rights or other rights of Provider or any person to violate; you will not post messages, pictures or recordings or use the Service in a way, that the rights of Provider or of a third party violates plagiarizes or force, including but not limited to a copyright, privacy or other personal right, or property, or is fraudulent or otherwise unlawful or violates any law or morals; you will the Service - wholly or partially - reproduce, copy, sell, resell or use; you will not use the Service for commercial purposes; Provider reserves the right, in its sole discretion, the right to your use the Service to terminate or suspend in connection with a possible violation of these prohibitions.
10. OBLIGATION TO REGISTER FOR THE SERVICE
To ensure safe use of the service and payment of the applicable fees to guarantee, warrant that (a) the information provided on the registration form personal information (the "Registered Information") is correct and complete. If Provider, in its sole discretion, considers that the Registered information is incorrect or incomplete, the Provider entitled to your subscription to suspend or terminate and / or the relationship with you to terminate and / or your use of the Service or any part thereof now or in the future to deny. You are responsible for maintaining the confidentiality storing of passwords and / or other information that is provided to you by the Provider and you are fully responsible for all activities that are carried out by means of the use of your password or other information. You agree that you are at the end of each session your visit to the Sites will close (by closing your browser) and that you will contact the Provider if you notice or suspect that unauthorized use has been made of your password or account provider, or that the safety or protection of the Registered Information for any other reason is no longer guaranteed. The Provider may provide you with access to some Services without you as registered user, such as the notification via your mobile telephone service for the MID. In each such case your identification based on means of identification that we deem appropriate, such as the number from your mobile phone. In any case you will receive a free welcome message from Provider. We request you to check this message and save it to your mobile phone.
• We collect your data to respond to your enquiries or to formalise the purchase of a service, always with full transparency.
• When we process your personal data, we do so in compliance with current regulations on data protection and we shall ask for your consent when necessary.
• We understand that at some time you may want to exercise your rights related to your data.
• We guarantee the security of your data and, therefore, we process it in accordance with the provisions of the current data protection regulation (Regulation EU 2016/679 of 27 April 2016).
Who is the data controller in charge of processing your personal data?
Data collected or provided voluntarily by browsing the website or by sending it to us via contact forms or email shall be processed by the Data Controller, whose details are indicated below:
• Name: GIANT MOBILE SOCIETY SLU
• Registered office: Carrer Arcadi Garcia Sanz, 19.
• Town/city: Villarreal - Castellón
• Postcode: 12540
• CF: ESB66550047
• Tax code: ESB66550047
• Contact phone number: (+34) 964 52 33 31
• E-mail: firstname.lastname@example.org
For which purposes will we process your personal data?
• To answer your questions, enquiries or requests.
• To manage the requested service, answer your enquiry or process your request.
• To send information by electronic means related to your request.
• To send commercial or event-related information, as long as there is express consent.
• To analyse and enhance our website services.
What is the lawful basis for processing your data?
The acceptance and consent of the data subject.
We consider that we have a legitimate interest to deal with the questions you ask us via the website form. We understand that the processing of this data is also beneficial and of interest to you, as it allows us to help you and resolve the questions asked.
When your enquiry is related to the exercise of the rights stated below, our legitimate basis for processing your data is our compliance with legal obligations.
For the management of your registration as a user of the platform, we need to process your data to execute the terms and conditions which govern the use of the platform. In other words, in order for you to register as a user on the platform, we need to process your personal data, as otherwise we would not be able to process your registration request.
Who are the recipients of your data?
Your data shall not be transferred to third parties unless legally required to do so.
For how long will we retain your data?
Personal data shall be retained for as long as it is necessary to fulfil the purpose for which we collect it (such as answering a request or providing a service), until the data subject requests its erasure, until the data subject withdraws their consent, and for as long as it is necessary to comply with any legal obligation arising from its processing in accordance with data preservation policies. When the data is no longer necessary for the purpose for which it was collected, it shall be erased whenever possible, or encrypted until this is possible, while remaining available to judges, courts or competent public authorities.
What are your rights?
• To know whether or not we are processing your data.
• To have access to your personal data.
• To request the rectification of your data if it is inaccurate.
• To request the erasure of your data if it is no longer required for the purposes for which it was collected, or if you withdraw the consent that you granted.
• To request the restriction of the processing of your data in certain cases, whereby it shall only be retained in accordance with current regulations.
• To request the portability your data, which shall be provided in a structured, commonly used or machine-readable format.
• To lodge a complaint with the Spanish Data Protection Agency or competent supervisory authority, if you believe that we have not processed your data appropriately.
• To withdraw consent for each specific purpose, without this affecting the lawful basis of the processing based on explicit consent.
How may you exercise your rights?
We are committed to respecting the confidentiality of your personal data and to guaranteeing the exercise of your rights. According to the applicable regulation, please note that you may exercise the rights to access, rectify and erase your personal data, as well as to request its portability. You may also object to us processing your personal information or ask us to restrict such processing in certain circumstances. To do so, please contact us on the email address email@example.com, indicating the reason for your request and the right you wish to exercise. If we believe it is necessary to identify you, we may request a copy of a document proving your identity. Alternatively, you may write a letter enclosing a photocopy of your ID to the following address: GIANT MOBILE SOCIETY,, Carrer Arcadi Garcia Sanz 19, 12540 Villarreal, Castellón (Spain). You have the right to withdraw your consent at any time for any processing. We would also like to inform the data subject that they may lodge a complaint to the Spanish Data Protection Agency (https://sedeagpd.gob.es) if they believe that the exercise of their rights has not be appropriately addressed by Giant Mobile.
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12. GIANT MOBILE SOCIETY RESPONSIBILITY
GIANT MOBILE SOCIETY does not guarantee the quality, accuracy, reliability, correction or morality of the data, programs, information or opinions, whatever origin the may have, that are published in its website or websites the user can access to via GIANT MOBILE SOCIETY. The user assume under his/her responsibility the consequences, harms or actions that could derive from accessing to these contents and its reproduction or broadcasting. GIANT MOBILE SOCIETY will not held responsibility for the technical availability nor the content of the Web/WAP websites of third parties that the user have access to by means of a link included in the website. GIANT MOBILE SOCIETY will not held responsibility for those cases in which the products or services requested by the user are not correctly sent or offered as long as this is caused by incidents may not be attributed to GIANT MOBILE SOCIETY. GIANT MOBILE SOCIETY include, but is not limited to emphasize those cases in which the user does not request the product or services correctly (spelling mistakes in keywords of the text messages for requests), those cases in which the product is not downloaded due to connectivity problems of the operator, problems in the configuration of the terminal, or incompatibility between the requested product or service and the model of mobile phone as long as GIANT MOBILE SOCIETY had previously warned about that incompatibility. GIANT MOBILE SOCIETY WILL ONLY HELD RESPONSIBILITY FOR THE VALUE OF THE AMOUNT SATISFIED TO THE USER FOR THE SERVICES OFFERED ACCORDING TO THESE GENERAL CONDITIONS. GIANT MOBILE SOCIETY cannot be held responsible for events, facts or harms, direct or indirect, that can be derived by the user or third parties as a consequence of their use of GIANT MOBILE SOCIETY contents. This limited guarantee and limitation of responsibility mentioned in previous paragraphs will not affect or harm the imperative rights that assist it.
13. CANCELLATION AND TERMINATION
You can unsubscribe from the service by visiting the service website, you will receive a confirmation message confirming that you are no longer subscribed to the service or our customer care team at firstname.lastname@example.org
14. NTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The Web/WAP sites of GIANT MOBILE SOCIETY, its contents and copyright, the programming and web design are fully protected by copyright. It is forbidden its reproduction, communication, broadcasting and distribution unless express authorization. Likewise, every distinguishing sign that appear on the web/WAP site belong to BRS or third parties. It is forbidden its reproduction or distribution in any media without previous and express authorization. GIANT MOBILE SOCIETY, reserves the right to unilaterally withdraw any content, service or utility of the website.
PROVIDER, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS AND AGENTS (THE "PROVIDER PARTIES") DISCLAIM ANY LIABILITY FOR DAMAGE RESULTING FROM YOUR USE OF THE SERVICE, THE CONTENT, THIS SOFTWARE AND SITES. YOU UNDERSTAND AND EXPRESSLY AGREE TO THAT: THE SERVICE, THE CONTENT, SOFTWARE AND SITES ARE PROVIDED ON AN AN "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY WHATSOEVER. THE PROVIDER PARTIES DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS LIABILITY, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE CONTENT, SOFTWARE AND SITES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF PROPRIETARY RIGHTS; THE PROVIDER PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE, THE CONTENT, SOFTWARE AND SITES. THE PROVIDER PARTIES DO NOT WARRANT THAT THE SERVICE, THE CONTENT, SOFTWARE AND SITES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE, THE OFFER OF THE CONTENT, SOFTWARE AND SITES WILL BE UNINTERRUPTED AND ERROR FREE; ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OR THROUGH OUR SERVICES OBTAINED BY YOU FROM U.S. CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS HEREIN. YOU MAY NOT ON THAT INFORMATION OR ADVICE; YOU UNDERSTAND AND AGREE THAT YOU THE SERVICE, THE CONTENT, SOFTWARE AND SITES AT YOUR OWN DISCRETION AND RISK DOWNLOADING AND / OR USE AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE CONTENT, THIS SOFTWARE AND SITES;
16. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE PROVIDER PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF YOUR USE, ABUSE OR INABILITY TO USE THE SERVICE, THE CONTENT, SOFTWARE AND SITES, EVEN IF THE AUTHORIZED REPRESENTATIVE OF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF THE BIRTH OF THE DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). THERE ARE COUNTRIES WHERE THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO IT IS POSSIBLE THAT THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PROVIDER PARTIES BE LIABLE TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT THAT BY YOU PAID TO REGISTER FOR THE SERVICE, THE CONTENT, SOFTWARE AND SITES.