Terms & Conditions

1. DESCRIPTION OF SERVICES

TOTAL TIM provides mobile content, such as videos, pictures, games, graphics, news and other information data through its on-line (World Wide Web) and SMS (Short Message Service) services to certain compatible mobile devices (the "Service"). The Service may also include access to products and services of independent third parties. After proper registration and payment, you will be permitted to use certain Products through the Service to compatible mobile phones and other compatible devices.

2. REGISTRATION AND ACCESS TO THE SERVICE

a) Access to the Service

In order to use the service you (1) MUST BE AT LEAST 18 YEARS OF AGE and have the consent of the subscriber of the mobile service to sign-up and use the service on their behalf (2) agree on behalf of the subscriber to be bound by these terms. You agree that each person who requests such Service is your agent with full authority to act on your behalf with respect to such Service. The contract is void where prohibited. In order to use the Service, you must also have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Company makes the Service available, and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Company's operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Company shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augments or enhances the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.

(b) Contracts for our Service

TOTAL TIM is offering its Service as individual mobile contents or as a bundle of mobile contents or other usage rights such as messaging, streaming, portal usage or gaming permission on a renewable subscription basis or on single purchase access model according to what you stated at the moment of the purchase. Unless otherwise expressly indicated, no information presented in the Service or in connection with any products and services shall be deemed as a binding offer by TOTAL TIM, but as an invitation for you to order. The contract for the ongoing Subscription Service or single access purchases between you and TOTAL TIM shall begin when TOTAL TIM, upon your request, has provided you with access to the Service, (such access may be based on a personal username and password generated for that purpose or on other data that TOTAL TIM deems sufficient for your identification). Access to the Service can be provided by delivering to you access to mobile content of the content category you subscribed to (e.g. by delivering a video or an info news SMS) or by enabling you to download or use the product (e.g. by delivering a WAP-Push link or a PIN for download of the mobile content on TOTAL TIM website) or by providing access to other digital content (e.g. by enabling access to any section and content within the portal). The subscription period is, normally, one week, depending on the type of the subscription contract. The Subscription contract and the subscription period will be renewed each day or each week, as applicable and a new subscription fee shall become due for the new subscription period. The subscription contract shall remain in effect until terminated and/or canceled by you or TOTAL TIM according to Section 8 of these Terms.

You are fully responsible for all activities that occur under your password or account or through your Subscription. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. You agree to notify TOTAL TIM immediately in case you become aware of or suspect unauthorized use of your account or Subscription or any other breach of security, and to ensure that you log out of your account at the end of each session. TOTAL TIM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that you will not use the Service for any commercial purposes.

(d) Right to withdraw

The Services will remain active until the user request its cancelation. The user can cancel the Services directly through the portal where he subscribed or through the call center mail support.za@tekmob.com or call center phone number 0879709010 (from Monday to Friday 08:00 am - 5:00 pm)

(e) License to Download(s) and Services

You acknowledge and agree that the Download(s) and other usable Services made available as part of the Service are owned by TOTAL TIM, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. TOTAL TIM hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download and use the digital goods and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement. You agree that the right holders, which license their content items to TOTAL TIM for use in the Service, are comprehended in this sense by the scope of protection of this agreement, and that they are themselves authorized to enforce the provisions of this agreement, which relate directly to their content. You know that the use of musical pieces (if available) is subject to the terms of use as set out below. You may not allow a third party to copy, modify, reproduce, transfer, distribute or use in any other manner pieces of music, which you use or receive, outside the limits narrowly allowed by copyright. You oblige yourself to immediately inform TOTAL TIM of any such non-authorized use.

f) Contracts for Products and Services of Third Parties

The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where reasonably possible, TOTAL TIM shall indicate the products and services as third party content. Even though they may be co-branded with TOTAL TIM and therefore include COMPANY'S trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. COMPANY SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES.

3. PRIVACY

You acknowledge that TOTAL TIM collects and processes "personal information” (i.e. information that could be used to contact you, such as name, phone number or e-mail address) or "demographic and usage information" (i.e. information that you submit, or that we collect, that is not personal information but necessary for the proper functioning and billing of our service, such as date regarding the start and end and the extent of your usage of the service), subject to the rest of this paragraph in order to operate this site. We may pass on your personal information to your mobile phone service provider to secure collection of fees. Further, we may pass on your information to governmental agencies, including but not limited to courts and district attorneys' offices, for legal proceedings and the prevention of crimes.

4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

You understand that your use of the service and the download of content is at your own sole risk and that you must comply with the instructions given by TOTAL TIM. Except in jurisdictions where such provisions are restricted, You agree that TOTAL TIM'S entire liability to you or any third person, and your or any third person's exclusive remedy, in law, in equity, or otherwise, with respect to the service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s) during the term of this Agreement. Except in jurisdictions where such provisions are restricted, company, its licensors and contractors (including any third parties providing all or part of the services) shall not be liable for any indirect, incidental, special or consequential damages Even if company has been advised of the possibility of such damages, to the extent that a country does not permit the exclusion or limitation of liability as set forth herein, TOTAL TIM'S liability is limited to the extent permitted by law in such Country.

5. INTELLECTUAL PROPERTY RIGHTS

Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("Company Intellectual Property Rights") are owned by Company or its licensors, and you agree to make no claim of interest in or ownership of any such Company Intellectual Property Rights. You acknowledge that no title to the Company Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.

6. CHARGES

(a) Fees

The daily, weekly and monthly fees for the Subscription Service can be available at the portal. The daily/weekly/monthly fee shall be charged for every subscription period the contract is in effect. You shall pay TOTAL TIM for the Services and the use thereof in accordance with the price lists in force at the time of your order. Unless otherwise indicated, the charges shall be billed according to the billing method agreed upon by you and your mobile operator. The different payment methods are specified during the order process for the product you choose.

(b) Fee Changes

All fees, including fees for existing subscription contracts, are subject to change upon notice from TOTAL TIM. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription.

7. TERMINATION AND CANCELLATION OF SERVICES; RIGHT TO WITHDRAW

To unsubscribe contact our Help Line 0879709010 from Monday-Friday 08:00 am - 5:00 pm or send an Sms with the text Stop sexy to 40200. The termination shall become effective immediately upon receipt of termination request. Charges may still appear on your mobile phone bill the following month as mobile operators’ bill retrospectively. You agree that TOTAL TIM, at its sole discretion, may at any time terminate your use of the Service or individual services provided via the Services and remove and discard any content within such services, if TOTAL TIM believes that you have violated or acted inconsistently with these TERMS. You agree that upon termination of your access to the Service under any provision of these TERMS, TOTAL TIM may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that TOTAL TIM shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account or subscription for any reason, TOTAL TIM will not refund any of your fees paid to date, except as provided in provision 2 of these TERMS, paragraph (e) and (f).

8. MISCELLANEOUS PROVISIONS

(a) Notices and Announcements Except as expressly provided otherwise herein, all notices to Company shall be in writing to the following email: support.za@tekmob.com TOTAL TIM