These Terms and Conditions are the terms and conditions of the subscription service agreement (‘Agreement’) between You and Mobistar FZE, ( P.O. Box 4422, Fujairah, UAE ) , which provides a various number of content such as images, games, videos, music, lifestyle apps and articles for a daily subscription fee on your supported mobile device accessed via the Web App ( ¨Services¨ ). Mobistar FZE (referred to as “Company, Provider, we, us, our, ourselves”) owns and operates the mobibi.fun. The Service and all applicable content may contain copyrighted and/or proprietary subject matter. Your usage of the service and its applicable content are governed by these Terms and Conditions, all applicable laws, including but not limited to intellectual property laws. Your use of the service and its mobile content is under license.
The service is available as a daily subscription fee of 0,15 KWD per day( Zain ), which will be charged directly to your prepaid mobile phone or monthly bill until you unsubscribe from the service. To unsubscribe from this service please reply to SMS with UNSUB KWMB or send email to our customer support at info@mobibi.fun.
Please read these Terms and Conditions and our Privacy policy carefully which you can find at http://mobibi.fun.
By subscribing and accessing mobibi.fun , you agree to be bound by these Terms and Conditions and furthermore, You acknowledge and confirm that:
1. You are the person responsible for the mobile account associated with the mobile number provided on the subscription service;
2. You are responsible for all services used through that mobile account;
3. You authorize your mobile carrier to charge appropriate fees directly to your mobile service bill (meaning if you are on a post-paid service the charges are billed to your mobile phone statement or if you are on a prepaid service the charges are deducted from your prepaid balance);
4. You are at least 18 years of age and have the bill payer's permission to be subscribed to this service.
5. You understand that it is your responsibility to ensure that you mobile device is compatible to use this service and that mobile phone is correctly configured. We will not refund your subscription fee or any other fees if it turns out that the requested mobile content is not compatible with your handset.
6. You will not allow unauthorized individuals to use your mobile phone account as identified by your mobile phone number.
7. You agree not to transfer any content or software subject according to restrictions under such laws to a national destination or person prohibited. Your use of The service and content is at your own risk
8. You agree that neither we nor our partners or affiliates shall be liable to You for any modification, suspension or discontinuance of the Service.
Mobibi is a subscription service with a with numerous content such as images, games, videos, music, lifestyle apps and articles. To access the service you must enter your mobile phone number and follow the directions established for this purpose. The service is available as a daily subscription of 0,15 KWD/day (¨fee¨ ), which will be charged directly to your prepaid mobile phone or monthly bill until you unsubscribe from the service by clicking unsubscribe button on website mobibi.fun or by sending e-mail: info@mobibi.fun. Subscribers have the right to unsubscribe from the service at any time. You acknowledge that by taking the required action to subscribe to Our service, you will be charged for one week or day subscription instantly according to your carrier and the content will be made available to you immediately. Subscribers also confirm that they are opting in to receive free SMS alerts /marketing in the future in connection with any of our offers, services, or those of its associated companies. Mobibi.fun is web-based and doesn't require the user to download it to his/her device. This service will be automatically renewed and your account will be debited with a subscription cost. Available only to residents of Kuwait.
We strongly recommend that you print this agreement out and read them in their entirety or alternatively a hard copy is available on written request to us using the Customer support contact detail specified in this Agreement. We recommend that you check this Agreement on each visit to the Web App. If you do not wish to be bound by this Agreement, you may not access or use the Web App and/or the Services and should exit immediately. The Agreements are legally binding and set out the terms and conditions upon which you may access and use the Services via our web application:http://mobibi.fun/ (“Web App”) . Here you can also find how we use your personal information, but our Privacy policy will provide you with more information. By accessing this website you agree to be bound by this Agreement.
If you do not agree with these terms and conditions, please exit this Web App and the Services immediately. Please note that in some jurisdictions there are obligatory provisions in the consumer legislation that may be relevant to the Services provided under this Agreement. For any question regarding any aspect of our Services feel free to contact our customer service noted in this Agreement.
By clicking on an advertising banner and following the instructions noted on the subsequent pages to:
(a) click on the button e.g. “SUBSCRIBE NOW” and then the “CONFIRM” button to complete your subscription; or
by visiting the Web App directly and following the instructions to subscribe to the Services. Once your subscription to the Services is complete you will be able to use and/or access the Web App.
Upon completion of the subscription to the Services, we will confirm by SMS text message to the mobile number which you provided, that you have successfully subscribed to the Services.
The subscription fee/charges for the Services shall always be mentioned at the point of purchase at the commencement of subscription period or on the date of accessing the Service. Transactions made using your registered mobile number are accepted by us on the understanding that you are authorised to register this mobile number and to access and/or use the Service. If your mobile phone is used by anyone other than yourself, we will accept no liability for the consequences or costs incurred from such misuse, or for the loss, theft, and misuse of your User Data.
You agree to be solely responsible at all times for all access and/or use of the Services. You are responsible for keeping all your user identification details e.g. your full name, address (email and/or postal), mobile number/MSISDN (mobile station integrated services digital network number and other personal information (“User Data”) confidential. You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of this Agreement and are in full compliance with its terms. You also agree to inform us immediately (our contact details are provided in the Customer Services section below) if you believe that your User Data is being misused by a third party so that we may suspend your subscription to the Services.
We reserve the right to modify or discontinue, temporarily or permanently this Service (or any part thereof) with or without notice to You. You agree, understand and accept these Terms and Conditions and the associated Privacy Policy. Also, Nexus Enterprises LTD may at your own discretion suspend or terminate your account with or without notice. Network operator's charges may apply.
You have unlimited access to the Content via the Web App while you remain subscribed to the Service. The subscription Fee shall become due at the end of the specific subscription period while you are subscribed to this Service irrespective of whether or not the Web App is actually accessed during any particular subscription period.
All information received by us from your use of the Services shall be used in accordance with our Privacy Policy, which is available on the Web App (a link to our Privacy Policy is provided above) and which we encourage you to review as it details how we may process your User Data. By using the Services you consent to us processing your User Data. It is your responsibility to update and maintain the accuracy of that information and we are entitled to rely on any information you provide us with.
We will not rent, sell or share your personal details to or with third parties. However, we may pass on your details to relevant authorities or regulators if we and/or they wish to investigate or assist in the investigation of any suspected or alleged fraud or abuse of the Services including the Web App or if we are required under applicable laws in Kuwait to do so. If we have reason to believe that there has been or is likely to be a breach of security or any other misuse of the Services, we may suspend and/or terminate your subscription to the Services. We are not obliged to monitor, detect or report any unauthorised use of the Services and you shall be solely responsible for all use of the Services made by you or anyone else using your User Data, for preventing unauthorised use of your User Data and/or mobile device and you are liable for all user charges that are incurred as a result of any such unauthorised use.
In order to access and/or use the Service follow the information shown on your device’s screen to complete Subscription. Any use of the Service by you is on an "as is" and an "as available" basis. You agree and accept that the Service is not a fault-free service and is for your own personal use and shall not be used for commercial purposes. Your contract with us will be null and void if we discover or suspect that you have in any way interrupted, deviated, tried to manipulate the outcome or tampered with any part of the Service.
We reserve the right to change the format of the Services, the Web App or the Content that we offer, in whole or in part, in order to enhance them, correct any defects or provided upgrades from time to time. We reserve the right to record all telephone calls made to us and to monitor all information relating to the Services for which purposes you consent in accordance with the regulations promulgated by the Communication and Information Technology Commission Authority (CITRA) KW.
You must not attempt or encourage the misuse of the Services by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the server on which the Services is stored or any server, computer or database connected to the Services. You must not attack the Services via a denial-of-service attack (“DoS”) or distributed denial-of-service attack (“DdoS”). In a situation like that, you would commit a criminal offence under the applicable laws in Kuwait (as well as any amendments, re-enactments which may be made to such laws from time to time). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such breach, your right to use the Web App and the Services will cease immediately without notice to you or any liability to us. We will not be liable for any loss or damage caused by the DoS, DDoS, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of Content, or other material posted on or via the Services.
The following provisions out all our liability to you (including any liability for acts and/or omissions of our parent company, subsidiaries, associated companies, employees, agents, subcontractors or suppliers) regarding:
a)any breach of this Agreement including any deliberate personal repudiatory breach or any deliberate breach of these conditions, or our employees, agents, subcontractors or suppliers; and
b)any representation, statement or tortuous act or omission including negligence arising under or in connection with the Services.
Nothing in this Agreement excludes or limits our liability for:
a) death or personal injury caused by our negligence; or
b) any matter which it would be illegal for us to limit or exclude or attempt to limit or exclude our liability for; or
c) fraud or fraudulent misrepresentation.
We are not liable for anything out of our control including but not limited to any loss or damage that you may suffer or incur because of any act of God, power cut; trade or labour dispute, failure or any omission of any government or authority; delay, interruption, obstruction, or failure of telecommunication services; or any other cessation; delay or failure caused by a third party or loss or corruption of data. In such an event, we reserve the right to cancel or suspend the Services indefinitely and without notice or incurring any liability whatsoever.
All representations, warranties and terms (express or implied) not set out in this Agreement are excluded to the fullest extent permitted by law and we shall have no liability to you in respect of the same. You agree to indemnify us and hold us harmless in full and on-demand with respect to any liability, damages, costs or claims which we may suffer or incur arising out of or in connection with your use of the Services.
(a)our total aggregate liability to you in respect of direct loss and damage and other direct liability, whatsoever (howsoever caused), whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Services shall be limited to the aggregate total of the subscription charges paid by you in the preceding calendar month to the claim in question;
(b)any use of the Services is entirely at your own risk. In no event shall we be liable to you for any special, direct, indirect or consequential loss, damage(s) or liability (including without limitation, loss of profit, data, loss of goodwill, loss of contract or other information) or any claims for consequential compensation, loss, punitive or exemplary damages or damage(s) of any kind whatsoever (howsoever caused); or be subject to equitable or injunctive remedies (whether in contract or tort, including, negligence or strict liability or otherwise), arising out of or in connection with the Services and any supplied Content or offers even if it was reasonably foreseeable and whether or not we have been previously made aware of it.
We accept no responsibility and shall not be liable to you for the content of or use by you of any information or services offered by third parties’ advertising (including advertising by any referral companies) or otherwise posting information via the Services (whether directly or via links to or from other sites or resources or through framing or other electronic mechanisms), nor can we be said to endorse contents of such advertisements or information. In particular, we shall have no liability in respect of material hyperlinked which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with applicable laws or regulations. The provision by us on the Services of a link to another website or app does not constitute any authorisation to access materials held at that website or the app, your use of those other websites or apps is subject to any terms of use and/or privacy policies on those websites or apps.
We make no representation or warranty about information or any other item(s) that may be accessed either directly or indirectly via the Services (save to the extent expressly provided otherwise in the Services) and we reserve the right to make changes and/or corrections at any time to such information, without notice. We accept no liability for any inaccuracies or omissions (other than a fraudulent misrepresentation) in or from such information and any decisions based on such information are the sole responsibility of the visitor to the Services.
Ownership: the copyright, database rights and other intellectual property rights (“IPRs”) in any Content and/or other material displayed on or via the Services as well as its features, which includes text, data, graphics, photographs, videos, animation, images and audio-visual content is either owned by or licensed to us by our third-party suppliers/licensors (collectively the “Materials”).
Trademarks: Our goods and/or service marks (which may include a name, word, phrase, logo, symbol, design, image, shape, signature or any combination of these elements) are and shall remain the exclusive property and trademarks. You shall not be entitled to reproduce such trademarks and/or associated logos without our express prior written consent on each occasion.
Third-Party Trademarks: You do not have the right to use trademarks and/or logos of our third-party licensors. Each unauthorized use or infringement of trademarks, logos or distinctive signs can be prosecuted according to the applicable law by the respective parties
Copying: Any downloading, reproduction, modification, distribution or use of the Materials except as otherwise permitted by this Agreement is strictly prohibited and in particular you agree to use the Materials solely for your own personal, non-commercial use and specifically not for any business, commercial or public purpose.
The following activities are prohibited unless you receive our express prior written permission on each occasion:
a)any downloading, reproduction, modification, distribution or use of the Materials (except as otherwise permitted by this Agreement).
b)deployment within the Services of any spider, robot web crawler or other automated query programs;
c)re-use and/or aggregation of any of the Materials in the provision of a commercial service;
d)transfer of any of the Materials to any other person or entity, whether commercial or non-commercial or distribution through peer-to-peer networks or any other file sharing platforms;
e) public display and/or use of any Materials for any rental or sale purposes.
If you have any question or you wish to make a complaint with respect please contact us by e-mail: info@mobibi.fun.
A copy of our Complaints Procedure will be sent to upon request by you or in the event that you submit a complaint to us. You are free to cancel your subscription at any time. Your subscription to the Services can also be terminated anytime by clicking on to the unsubscribe option and following the instructions via the account section of the Webb App portal.