Terms and Conditions
The following general conditions form part of any contract between Telefuture Nederland BV, Spoorhaven 44-46, 2651 AV Berkel en Rodenrijs, postal address: Spoorhaven 44-46, 2651 AV Berkel en Rodenrijs, Netherlands (in the following: the supplier) and users of the provider’s services. The legal successors of the provider and the user are also bound by these terms and conditions.
The provider offers the user the opportunity to retrieve and use the content offered on websites like for example the gamsai.com website on their mobile device (mobile phone) for a fee. Subject of these general conditions are all settlements to be concluded between the contracting parties.
These terms and conditions apply exclusively to users.
The provider performs its services exclusively on the basis of these general conditions.
The validity of these general conditions extends to all services offered by the supplier. The user accepts these terms and conditions as contractual upon claiming and using the provider’s services.
2. Conclusion of the contract
The presentation of the provider’s services on the supplier’s domains does not yet represent any binding offer by the provider, but simply an invitation to the user to make an offer.
The contract is concluded by the user activating the confirmation or read button displayed on the mobile device after addressing the provider’s services and by creating the possibility of using the services. by the resulting supplier.
The user can view and use all services offered on the gamsai.com website immediately after installation of the possibility of use via his mobile device.
3. Payment terms
The prices communicated to the user are valid. These include statutory VAT, they are valid for the specified period and relate only to granting the possibility of using the provider’s services. Connection costs incurred when consulting the provider’s services are not included in the prices, these will be billed to the user by the user’s mobile digital telephone operator.
The remunerations resulting from the claim of the supplier’s services, expire immediately upon acceptance of the contract and apply without deduction. These remunerations will be collected, on the order of the supplier, from the mobile digital telephone operator as part of the regular invoice.
4. Rights of use
The user receives a simple, non-transferable right of use, limited in time to the duration of this contract, and unlimited in the area of services provided by the supplier.
The supplier guarantees an annual average availability of the services provided by it of 99.5%. If this availability is not respected, the user can assert a right of reduction with the supplier. This is limited to the amount of the sum which the user must pay, under this contract, during the period when the guaranteed availability was not available.
The provider presents its offer according to current technical market standards and tries to ensure that the user can use the provider’s services. The provider cannot guarantee that the services it offers can be accessed by all mobile devices currently on the market.
6. Limitation of liability / waiver of liability
For damages caused other than damage to life, body and health, the supplier is liable only to the extent that they are based on the intentional or negligent behaviour of the supplier, its employees or vicarious agents. The same applies to damages resulting from the violation of obligations during contractual negotiations, as well as from the commission of unlawful acts. Further liability for damages is excluded.
Paragraph 5 of these general conditions shall remain unchanged, as well as the provisions of the Defective Product Liability Act.
The provider uses the data communicated by the user in accordance with the provisions of the Data Protection Act.
The user’s personal data is used exclusively for the management of contracts concluded between the parties, in particular for billing purposes.
User data, which must be retained for legal reasons, will be locked with full execution of the contract. Any other use of this data will no longer be available. Furthermore, personal data will be deleted unless the user has expressly consented to further processing and use of their data.
If more information or deletion of user data is required, support is available at the support email address.
8. Duration of the contract
The contract is concluded for the duration specified in the context of the conclusion of the contract. The contract is automatically extended for the same duration of the contract, until a regulatory termination of the contract is presented. For regulatory termination, the user must go through the unsubscription procedure communicated by the provider after the conclusion of the contract.
Without prejudice to the provisions of paragraph 8 Paragraph 1 of these general conditions, there remains the possibility of extraordinary termination for important reasons.
9. Applicable law / Final provisions
The effect of any international treaty on the purchase of movable tangible property, the effect of which can be excluded between the parties, does not apply and is hereby expressly excluded. More specifically, the applicability of the Vienna Sales Convention 1980 (CISG 1980) is expressly excluded.
If the Customer acts on behalf of one or more others, he is liable towards Telefuture Nederland BV, without prejudice to the liability of those others, as if he were a Customer himself.
If a provision of these general terms and conditions is void or invalid with regard to the Customer, a valid provision that most closely approximates the void or invalid provision will be deemed to apply instead.
All disputes between Telefuture Nederland BV and the customer will be settled exclusively by the competent court in the Netherlands.
Only Dutch law applies to all agreements concluded by Telefuture Nederland BV.