Service Terms and Conditions
Description: Content Portal
The use of E-space services (hereinafter referred to as “Service” and/or “Services”) implicate and integrate the acceptance of the General Conditions and will be considered within legal rights, proof of knowledge of these on the part of the User. In the case that the User doesn’t agree with any of these conditions, they should not use the subscription services sited. These Service Terms and Conditions are governed by the laws of the Republic of Cyprus.
E-space offers services and entertainment content downloads across its WAP and SMS services, including the Service, for compatible mobile phones; services can be provided on a subscription basis. The services can themselves include access to third party products and services. Once the order and payment are carried out, the user can obtain access to Service via mobile telephones and/or other compatible devices.
For the avoidance of doubt, E-space specifically points out that network fees may apply. Network fees are not collected by E-space , and E-space has no control over their collection or amount. User needs to contact their mobile operator for any questions pertaining to network fees.
Access to Services
The User must make all the necessary equipment and software available in order to connect to the Service. Including, amongst other things, the mobile phone or other access devices. E-space can interrupt the Service to carry out any repair Works, system corrections, maintenance and/or improvements that it considers necessary, without any prior notification of the User, and by agreeing to these Service Terms and Conditions the User agrres that such interruptions shall not be grounds for any claims, monetary or otherwise.
E-space can modify or interrupt Services offered by them or by third parties temporarily or permanently.
There are no specific handset compatibility requirements for the Service. The User needs to contact customer support in case of any issues with compatibility.
E-space will not be held responsible for any losses or damages suffered by the User due to the User not following these Service Terms and Conditions in any way. User is obliged to not use the system,the Service and any other services or goods of E-space improperly (including but not limited to in violation with its non-commercial purpose) negligently or maliciously, and to abide by all applicable laws in respective country, respect the rights of E-space and any third parties, including the rights to brand names, patents, copyright and any other commercial, intellectual or industrial property rights. E-space reserves the right to hold User responsible in full accordance with the applicable law, as well as the right to request any damages caused by User’s malicious or negligent actions.
Moreover, the User recognizes and accepts that the use of the Service is not permitted for commercial purposes and for the purposes other than explicitly provided for by E-space or that arise from the Service itself.
Responsibility of E-space.
E-space does not guarantee the quality, accuracy, reliability, correction or the morality of the data, programs, information, Service or opinions whatever the origin whether they from its network or from networks that the User can access through E-space. By subscribing, the User accepts that E-space is exempt from all responsibility related to its WAP pages or the Service. The User also assumes sole responsibility for any consequences, damages or actions that can derive from accessing this content, as well as its reproduction or diffusion.
E-space will not be responsible for the technical availability nor the contents of the WAP/web pages of its third parties whose links can be found on the E-space website.
E-space cannot be held responsible for direct or indirect facts, acts or damages that can derive from using third parties as a consequence of using content belonging to E-space.
This limited guarantee and limited responsibility mentioned in the above paragraphs do not accept the statutory rights of the Users.
Service is provided “as is”, and E-space shall not bear any responsibility for any discrepancy between the User’s expectations of the Service and the Service itself.
Rights of Intellectual and Industrial Property
On the WAP and websites of E-space, the contents and rights of intellectual property, programming and web designs are protected , and any reproduction, communication, disclosure and distribution of them without prior express written consent by E-space must be sought. Likewise, all the logos that appear on the WAP and Websites, belong to E-space or respective third parties, therefore their reproduction or distribution is prohibited under any means without express written consent given by the owner and provided to E-space for evaluation.
Price of the Services
E-space offers its Users the chance to Service. Your mobile operator may charge additional browsing costs, independently from the services provided by E-space., for downloading products. E-space accepts no liability for the cost of browsing charged by the various mobile phone operators.Billing errors are handled by E-space after receiving information of such error from the User or other sources. E-space aims to rectify any billing errors in the shortest possible time, but it should not exceed 30 (thirty) calendar days. This time may be extended in exceptional circumstances, and E-space undertakes to keep the User informed, where possible and reasonable.Any refunds provided to Users are provided in the same currency that the Service is priced. Refunds should not cause the User any charges for such refund. In the event that the User incurs any charges for receiving a refund, such user should contact customer support as stated above in order to receive compensation for any bank charges incurred. Refunds are performed in reasonable time, but it should not exceed 30 (thirty) calendar days for E-space to form a decision on the refund and grounds for such refund and perform necessary actions. The refund is then processed and may be reflected on the User’s account shortly. E-space has no control over the duration of time necessary for the refund to be reflected on the User’s account.
Regarding Users’ use of the Service
Users must be adults of full legal age of 18 years old and up, with full legal capacity to use the Service. The responsibility for determining whether the User is an adult and has the right to use the Service is the responsibility of the User, and E-space shall not accept any liability, provided E-space stated all the necessary information on the front page of Service. Since the facts of underaged Users obtaining access to the Service may not be verified by E-space, E-space reminds parents and guardians of their responsibility for monitoring the use of the Services made by persons under their charge, particularly of the mobile phone being used for the Services and to which the minor or other third parties have access. E-space cannot control Users' use of the Services. It therefore does not warrant that the Services are used in accordance with applicable law or these General Conditions. It is up to the User to comply with these rules, particularly relating to intellectual and industrial property rights, abstaining from using the Services for unlawful purposes or in a way which is contrary to, or infringes, the rights and interests of E-space or third party rights holders. In addition, unless E-space has made a system expressly intended for that purpose available to Users, Users must not obtain or attempt to obtain any type of content on the Website, including, without limitation, text, graphics, drawings, sound files, images, photographs or videos. Specifically, E-space forbids any downloads copies or reproductions of content made by a User unless specifically permitted by E-space E-space accepts no liability for any loss or damage of any kind which may arise from use by Users of the Services and the contents offered on any E-space websites. E-space accepts no liability for any loss or damage of any kind which may arise from the use by Users of the Services provided by the Club and the contents offered on any E-space websites. E-space reminds the User that the general requirement is for the Users to be 18 years old to use the Service, but if the legislation of the User’s country of residence provides for older age of reaching adulthood and using the Service, the User shall abide by those rules instead.The Service must not be used to intentionally engage in illegal conduct, to knowingly create, store or disseminate any illegal content, to knowingly infringe copyright, to knowingly infringe any intellectual property rights, or to send spam or promote the sending of spam.
E-space also reminds the User that it’s User’s independent choice to use the Service, and by choosing to do so User bears all the responsibility to abide by the applicable laws, as well as to behave in accordance with moral, ethical and other social norms and standards. For the avoidance of doubt, E-space specifically points out that the Service must only be used with the permission of the bill-payer.
Regarding the sending and receipt of the Service
Services must be requested in accordance with the instructions communicated by E-space to Users and, in particular, must include the exact text stipulated by E-space for Service from time to time. Such instructions are publicly available on the website of the Service. In addition, in the case of Services requested by mobile phone, the User's handset must be compatible with, and have the technology required for, each Service. E-space accepts no liability for any requests which do not include the text stipulated for each Service or which originate from mobiles which are not compatible with the Services. In addition, E-space accepts no liability for any delays affecting the sending of contents to Users, or their quality, since such delays depend on factors completely beyond E-space's control, such as, among others, network traffic, the operators, the features of the various mobile phones, computers and/or computer tools, and the quality of the content itself. Notwithstanding the foregoing, E-space shall use all reasonable endeavours to ensure that content reaches Users at the time it is requested.
Regarding mobile phone ownership
By using any E-space mobile service, E-space only receives the mobile phone number associated to that service it is therefore unable to determine or control the identity of the User who is requesting the Service. The User warrants that he or she is the owner of the mobile phone from which the registration for the Service is applied for, or at least that he or she has the owner's authorisation to register with the Club. E-space accepts no liability where the User who has requested the Service is not the lawful owner of the mobile phone or lacks the owner's authority to use the mobile phone.
Withdrawal of Content / Inappropriate Content
E-space does not warrant the lawfulness, reliability or usefulness of messages, content or any other materials to which the User may have access in connection with the provision of the Services. Regardless of any methods which may be used by E-space to detect messages or content which are potentially unlawful or in breach of third party rights, if you believe that any of the messages or contents to which you have access through the Service infringe any third party rights or involve an infringement of current legislation, you can contact us by writing to E-space's registered address including the following details:
Name, address, telephone number and e-mail address.
Clear identification of the potentially infringing content or content which is potentially detrimental to your or third party rights.
Indication of the grounds on which the content referred to in the preceding section may be potentially infringing or detrimental to your or third party rights.
An express statement, signed by you, that the information supplied in the notification is accurate to the best of your knowledge.
E-space excludes all liability, to the fullest extent permitted by law, for any loss or damage of any kind which may be caused by any content and made available to Users being transmitted, disseminated, stored, made available, received, obtained or accessed, particularly but not exclusively for any loss or damage which may be caused by:
Infringement of the law, moral standards and generally accepted decency or public order by third parties
Infringement of intellectual and industrial property rights, business secrets, contractual obligations of any kind, people's right to personal and family privacy and image, right to protection of personal data, property rights and rights of any other nature belonging to a third party
The carrying out of acts of unfair competition and unlawful advertising
Messages and/or content not being truthful, accurate, comprehensive, relevant and/or up-to-date
Unsuitability for any kind of purpose and the failure to meet expectations generated by the messages and/or content
Faults and defects in any kind of content.
E-space reserves the right at any time to reject or remove any content which is in breach of current legislation, these Service Terms and Conditions and any subsequent versions,as well as content that it considers illegal or for which it has received a take-down notice.
E-space may at any time and without prior warning suspend and/or unsubscribe from the Services any User whodoes not comply with these Service Terms and Conditions or any other related contractual obligations.
To cancel all marketing messages please send an SMS with the word STOP to the short code number of service you are subscribed to. You may also exercise the rights of access, cancellation and rectification free of charge by sending a request to E-space by post and including the following information:
Your full name and a photocopy of an official document proving Your identity and, where applicable, the document must provide evidence of Your ability to act as a representative for another person;
A description of Your request;
Your mobile telephone number;
An address for correspondence;
The date and the requesting party's signature.
You are also responsible for updating and amending Your personal information, which can be done by means of the procedure described above.