General terms and conditions

Overview

The use of any of the services described in this document as well as the RENXO portal implies acceptance and full understanding of the following terms of use (as defined further ahead).

Renxo Europe Limited, through its trademark RENXO (hereinafter, RENXO) offers through its Internet website, monophonic and polyphonic ringtones (ringtones), MP3 ringtones, screensavers, wallpapers, games, applications, videos, and other services. The terms and conditions indicated below (the "terms of use") regulate the access to, use of and acquisition of all those services and contents (such as texts, images and sounds) made available to users through any technology, present or future, e.g., WAP (Wireless Application Protocol) technology, SMS (Short Message Service) technology, or the Internet. Please read these terms of use carefully. We recommend that you print them a save a copy. If you do not agree with these terms of use, please refrain from using or acquiring the services and/or products offered through the means indicated in these terms of use. Otherwise, we will understand that the use thereof implies full acceptance of and adherence to the terms of contract set forth in this document, as well as our privacy policy. Access to, use of and/or acquisition of products and/or services implies the full acceptance of the terms of contract, without reservations.

Terms of use

1. The monophonic and polyphonic ringtones, MP3 ringtones, screen-savers, wallpapers, games, applications, and/or videos being offered (hereinafter, the PRODUCTS) are subject to these terms of use, which may be updated periodically by RENXO.
2. These general terms of use do not exclude the possibility that certain services, utilities or products offered through the RENXO portal may be subject to special terms of use, which may be consulted by the user.
3. No changes, copies, reproduction, inclusion and distribution of the monophonic and polyphonic ringtones, MP3 ringtones, screensavers, wallpapers, games, applications, and/or videos contained in RENXO's servers is allowed in other services or in any other type of support, either total or partial, without a prior express authorization by RENXO in writing. The license granted for downloading the contents does not allow the full or partial reproduction in other support media or the private copies for sale of the works downloaded from the Internet. The downloaded copy is solely for private use.
4. The products and services being offered are solely and exclusively intended for users of mobile telephony companies which have authorization for Renxo products and services, provided the users of such companies have mobile phones that are suitable for the use and contract of the products and services.
5. RENXO is the medium through which the companies listed in item 4 of this document make the products and services available to their customers and/or users. Such companies are in charge of billing for the products and services, which should be paid by users to the companies. RENXO may not be held liable for any court claim or out-of-court claim related to the bills for the products and services. Any claim should be addressed to the companies.
6. The products and services offered by RENXO to users are not suitable for or compatible with all mobile phone makes and models. Before contracting any type of product and/or service offered by RENXO, please read the relevant contracting instructions on the website carefully, to verify whether your mobile phone is suitable for the service and/or product you wish to contract. Please contact us for more information. RENXO shall not be held liable for the products and/or services that may have been contracted to be used in mobile phones that are not suitable for such use. RENXO does not guarantee the suitability and usefulness of the information, software, products and/or services contained in the website for any specific activity or purpose. RENXO waives all responsibility for the damages of any kind that may result from any disappointment about the use or the expectations that the user may have attributed to the products or services.
7. RENXO reserves the right to unilaterally cancel any of the contents, services, utilities or products included on the website.
8. RENXO is not responsible for the technical availability or the contents of the web pages accessed by the user through links included on the website.
9. RENXO shall not be responsible for damages caused to the users by consultation or use of the contents or services offered by a web paged accessed through a link included on the website.
10. The user acknowledges that the contents, utilities and products within RENXO's website are protected by copyright laws and that the industrial and intellectual property rights over them belong to RENXO. Therefore, the user undertakes to respect the terms and conditions set forth in these general terms of use, being the only responsible party for noncompliance as regards third parties, thus accepting criminal, civil and administrative responsibility for any unlawful action.
11. The user acknowledges that the reproduction, copy, modification, distribution, commercialization, decompilation, disassembly, the use reverse engineering techniques or any other means to obtain the source code, transformation or unauthorized publication of any of the contents, utilities and products integrated and offered on the website constitute an infringement of intellectual property rights, and is thus under the obligation to refrain from performing any of the abovementioned actions.
12. The user undertakes to not using the products from the website to perform or suggest unlawful activities that are contrary to morality and generally accepted good conduct.
13. The user shall also refrain from performing any action in his/her use of the website and the products offered therein that may infringe the industrial or intellectual property rights of RENXO and/or third parties, and that may violate the honor, personal or family intimacy or reputation of third parties, or that may be unlawful or immoral, and shall in any case hold RENXO harmless in case of any court claim or out-of-court claim that may be filed against them as a result of such use.
14. The user shall refrain from using the products to destroy, alter or damage the data, software or electronic documents belonging to RENXO, its suppliers or third parties, or render them useless, or introduce or disseminate in the network a virus or other malicious software, or any physical or electronic instrument or device that causes or may cause any type of alteration in the network, the system or equipment belonging to third parties. Likewise, any type of activity or practice that violates the generally accepted principles of good conduct between Internet users is expressly forbidden. Moreover, any party who performs activities forbidden by these rules of use shall be criminally and financially liable for the damages that were caused or that will be caused.
15. RENXO shall not be responsible for the damages suffered by the user in case of an inability to provide the service that is subject to these general terms of use due to situations of random chance, force majeure or other reasons not attributable to RENXO.
16. RENXO shall not be responsible for the website not being in appropriate working order if this is caused by maintenance work, incidences affecting mobile telephony companies, a faulty configuration of the user's equipment or insufficient capacity to support the systems that are required for using the service.
17. RENXO believes that a prime, essential element in its relationship with users is the safeguarding of privacy and confidentiality of the information provided. In this regard, your acceptance of and consent to RENXO processing the data provided and all the information that may be collected during the period the service is used is required for the purpose of us being able to provide the services that were contracted. To such end, RENXO assumes the user's adherence and acceptance, which is verified with the first purchase of the service. RENXO may use any device and/or software to obtain statistic depersonalized information regarding the services and products it offers. RENXO is free to use such information for any business purpose, including the preparation of market studies, improvement and development of current or future products and services. RENXO shall make its best efforts to maintain the confidentiality of personal data and regarding its duty to safeguard them, and it shall take all necessary measures to prevent its alteration, loss or unauthorized access or treatment. RENXO shall make its best efforts to adopt all the security measures that may be necessary to avoid any unauthorized access to the information that is transmitted or stored through the service. It should be considered to such effect that the unauthorized access to the information that circulates through the network or through the service may not be ensured in an absolute manner, for which RENXO is not responsible for the potential consequences that may be derived from any unauthorized access to the information that goes through the network or through the service itself. Please refer to our privacy policy for more information.
18. RENXO is empowered to change, suspend and/or terminate at any time and for any technical or legal reason the distribution of contents and the offering of products and the operation modalities of the services being offered without the need for a prior notice.
19. RENXO may not be considered liable for event, act or damages, whether direct or indirect, that may derived as a consequence of the use of the website and/or the products for the users or third parties.
20. RENXO is not responsible for the content of possible websites external to the website that may be accessible through links included in the sites which are accessed through advertisement banners.
21. RENXO may not in any case be held liable for possible damages or losses of any kind that the user may deem that it has suffered as a result of the poor working conditions of any service offered on the website or the lack of reception of information and/or its inaccuracy or incompleteness. The user accesses the contents, services and products distributed and proposed through the website under his/her own responsibility and at his/her own risk.
22. The terms and conditions of use and contract that arise from this document, as well as the relationship between the user and RENXO shall be governed and construed under the laws of the Republic of India. For any reason related to this document, the parties submit to the jurisdiction and exclusive competence of the courts of the city of New Delhi, waiving any other jurisdiction that may be applicable to them.

Service subscription modality

1. RENXO offers potential users a service subscription modality for the provision of the services that is regulated by these terms of use.
2. In all cases (under any name, denomination or title, as well as all those of similar characteristics) the organizer shall not be responsible for the content, interpretation and any other issue or item related to the random information or predictions given, which depend fully on chance or on the professionals that were consulted. The information provided is only for the recipient's entertainment and should be interpreted solely in that light. Any message that may be received should not be taken as a substitute or replacement for any treatment, consultation or advise that may be received from a professional such as a physician, lawyer, psychiatrist, psychologist, financial agent, architect, engineer, etc. Therefore, no assurances of any kind or nature are being offered, and the organizer shall not be liable for the use or interpretation the user may make of the service and the information and data received as a result of its use, given that all the material is a result of transcriptions of preexisting and popular phrases and sayings.
3. The cost of the service and its frequency shall be informed prior to the subscription to the service by the customer. This may vary according to the plan that was contracted and the mobile telephony operator. The final price shall always depend on each consumer's tax position and the special rates and contributions that may be collected from third parties. In all cases, the provision of the service is conditioned to subscriber having a credit limit in his/her prepaid plan that may enable the effective provision of the service, and to the subscriber not requesting the termination of the service. Valid for the territory of the Republic of India.
4. The minimum purchase and subscription unit may vary according to the contracted subscription plan, and it shall be informed prior to subscription. In general, it is 1 (one) SMS received daily, although the contracted subscription plan may have a different frequency (weekly, monthly, etc.)
5. Each SMS (text message) that implies the request for subscription to or termination of the service has a variable cost depending on the plan and the provider company. The renewal of the subscription system is automatic, unless otherwise stated in the specific terms of the subscription plan. The user may also request the termination of the service when receiving the first SMS with specific content. In both cases, the operating system itself will indicate the manner and method for communicating the request for non-renewal or termination of the service, which will be made effective as from the day after the communication regarding the desire to terminate the subscription is received. As an example, a user may request that the service be terminated via a SMS with the word STOP or EXIT to the same short number to which the request for service subscription was sent. In addition, a user may request termination of the service or by sending an e-mail through the support form. The user may request the termination of all those services he/she is subscribed to through the section My account available on the site. Access to this section requires authentication with a PIN or with a user name and password if an account was created. In this section, the user will be able to access the specific contracted conditions of each subscription plan to which he/she is currently subscribed.
6. In certain circumstances, RENXO may offer bonus points and/or other benefits in exchange for the customer keeping the subscription active for an additional period. Acceptance of such offers implies the understanding that the customer may not cancel the service until a certain time has elapsed which will depend on the service and the offer in question.
7. The service may be used by any physical or artificial person that is a resident in the Republic of India, that is also a customer of the mobile telephony operators which have authorization for Renxo's services and products. In the mobile phone is owned by an artificial person, it will be understood to be the person using the service for all legal purposes. In all cases, owners of mobile phone lines shall be over the age of 21 and shall not have outstanding bills during the period related to the services.
8. Sending one (1) text message to the number enabled for each provider, shall imply full acceptance of these terms of use.
9. Some subscription plans offer downloadable content. Under such plans, the user accumulates points in a loyalty scheme through several media (e.g., receiving text messages, purchasing point packages, etc.) The fact of subscribing specifically to a subscription plan offering content downloads through this modality implies, in addition to the terms described above, the sovereign and irrevocable right by the organizer to exchange the points obtained by the user for the products being offered (i.e., polyphonic ringtones, wallpapers, animations, actual sounds, MP3, videos, games, applications, etc.) during the subscription and for a term of up to two (2) days in case the service termination is requested and the user subscribes again. The subscription implies the authorization by the user to receive additional text messages or alerts from the organizer.
10. The number of points accumulated by the user during each subscription period may vary according to the specific terms of each contracted subscription plan. Such specific conditions may be consulted through the section My account available on the website.
11. Some subscription plans offer the possibility of purchasing a point package at a fixed price. The number of accumulated points as well as their price and specific conditions of contract may be consulted through the section My account available on the website.
12. The number of points that are required for redeeming a content download may vary according to each specific content and the contracted subscription plan and may be consulted by visiting the section My account, selecting the active subscription plan currently contracted, and afterwards all the screens for the specific contents will report the number of points required for redeeming them.
13. To consult the total number of accumulated and remaining points, please access the WAP portal (mobile Internet webpage) for the relevant contracted subscription plan, or the section My account, available on the website.
14. The term to cancel the service termination request is 48 hours (2 days). After such term, the total number of points accumulated through such date shall no longer be valid and shall not be redeemable or recoverable, not even in the case of a new subscription.
15. Accumulated points may expire if they remain unused for a period that is determined according to the specific terms of use of each contracted subscription plan. In general terms, and unless indicated otherwise, the welcome points expire seven (7) days after they are awarded, while all other points expire after thirty (30) days. After the period ends, expired points shall no longer be valid and in no case shall they be redeemable or recoverable. The specific terms for each subscription plan may be consulted through the section My account available on the website.
16. Points are not necessarily accumulated for the same person or mobile phone number, since each subscription plan is managed separately. However, some subscription plans accumulate points in the same common fund. The number of points accumulated in each common point fund may be consulted in the section My account available on the website.
17. If the organizer does not receive the relevant amount from your messages or the sum related to the 30-day subscription periods, the subscription shall be deemed expired, and the subscriber shall lose all rights to which he/she may be entitled.
18. In case of doubts or enquiries, send an e-mail through the support form.