Service Description

Vuclip Games Store service is provided by Vuclip, where you can watch or download Games, sourced by Vuclip, via a Games enabled mobile device at a subscription fee of 12.29 PLN/Week (Including taxes) for both prepaid and postpaid users. Payment for your use of the Service will be collected by Orange through your mobile balance (in case of pre-paid) or through your monthly mobile bill payment (in case of post-paid). To be eligible to use the Service, you will have to be a subscriber of Orange post-paid or prepaid mobile service. You will also have to have to complete successful payment of Charges for your use of the Service. Orange reserves the right to modify or discontinue the Service with or without notice to the user. Orange shall not be liable to any user or third party should Orange modify or discontinue the Service.

Charges

The charges for the Service are

         Subscription: 12.29 PLN/Week (Including VAT) for both prepaid and postpaid users. The validity of subscription will be as per subscription plan from the time of purchase, after which the subscription will be auto-renewed on a recurring basis with the same charge & validity until you unsubscribe from the Service.
In addition to the charges for the use of the Service, standard charges shall apply (applicable as per your tariff plan) for the following:
Data or standard charges will apply for any actions beyond the Service (e.g. SMS, GPRS charges for transmission/delivery of any requests to you, a call out, browsing the advertisers sites and downloading contents)
When roaming, standard roaming and data charges including taxes/levies imposed by the roaming partners shall apply. Please note that you will be charged for all applicable charges relating to or in connection with the Service as set out above even if the charges were incurred by a third party using your mobile phone and/or the sim card registered to you and/or your details registered to your sim card. If the mobile phone does not belong to you, or if someone else is paying the mobile phone bill please obtain that person's consent prior to using the service."
Subscribers of the Orange pre-paid offer can start using the Service or continue using the Service after automatic activation extension if they have sufficient funds to cover the fee for the Service bePlease note that you will be charged for all applicable charges relating to or in connection with the Service as set out above even if the charges were incurred by a third party using your mobile phone and/or the sim card registered to you and/or your details registered to your sim card. If the mobile phone does not belong to you, or if someone else is paying the mobile phone bill please obtain that person's consent prior to using the service."fore the start of a given billing period As part of the promotion, Vuclip may enable the Subscriber of the Orange pre-paid offer to activate or extend the use of the Service, charging a fee
a lower fee, which may amount to:
• PLN 9.83 including vat
• PLN 8.60 including vat
• PLN 6.14 including vat
After a given period, the service will be automatically extended in the amount of PLN 12.29 (Including VAT), if the Subscriber of the Orange pre-paid offer does not have sufficient funds on the account

Payment

You hereby agree to promptly pay all amounts due to or in connection with the use of the Service to Orange, which will either get deducted from your prepaid mobile balance or will be reflected in your official monthly bill statement (in case of postpaid). These include all charges occasioned by or in connection with the use of the Service irrespective of whether such charges were authorized by you or has arisen from any other causes whatsoever.

Equipment

This service is available for almost all Games and GPRS enabled mobile devices. You shall remain solely responsible to ensure that the mobile phone equipment used by you is compatible to use the Service. You shall continue to be liable for any and all charges incurred in connection with the Service even if you are unable to use the Service.
If you are unsure whether your mobile phone is compatible with the Service, please consult your mobile phone handbook or check with the maker of your mobile phone. Orange shall not be liable or responsible should you attempt to use the service on an incompatible phone.

Delivery of Service

To consume the Service, you need to make a successful Payment of Charges towards the Service. Once you have completed Payment, you will receive a confirmation SMS message, notifying you on the successful activation of the Service. Upon confirmation, you will be able to watch Games as per your entitlement.
By subscribing to Games Store, you accept to receiving SMS texts and SMS link on your mobile number for all content related to this service.

Termination and Suspension

Orange & Vuclip reserves the right to cancel, withdraw, terminate or suspend the billing for the Service for any reason whatsoever at its sole discretion without notice to you. You agree that Orange & Vuclip shall not be liable to you or to any other party for such cancellation, withdrawal, termination or suspension.

DISCLAIMER, RESTRICTIONS AND PROHIBITIONS

The Service allows you access to Vuclip's WAP portal, which is not owned, controlled by or connected to Orange. Orange and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees and or servants shall not be responsible or liable for any information, data, text, photographs, graphics, Games, rewatchs, messages or other materials publicly uploaded and made available for watching via the WAP portal. You are entirely responsible for the Content that you consume via the Service. Orange does not in any way endorse or guarantee the accuracy, integrity or quality of such Content.
You shall abide by all specific conditions and all notifications issued by Orange and Vuclip in relation to the Service. Where it is expressly stated that you are restricted or prohibited from storing, editing, transferring, downloading, modifying and/or forwarding the Service to any other medium, device or to any other user or subscriber, you agree to abide by these conditions. If Orange or Vuclip is of the watch that there has been a contravention of these conditions, Orange & Vuclip reserves the right to terminate and/or suspend its payment collection services which is necessary for your continued use of the Service.
In addition, Orange shall also not be responsible for any data/ information, including any of your personal information (such as name, telephone number, age, etc), that you share through any communication or interaction with any third party, including Vuclip, in connection with this Service.
The Service is provided on an "AS IS" basis without any representation or warranties of any kind whether express or implied. Orange, its related and affiliated corporations disclaim and exclude all warranties relating to the Service including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security and accuracy. In no event shall Orange, its related and affiliated corporations be liable to you or anyone else for any direct or indirect loss or injury or any special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, data, revenue or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with your access, use of, or your inability to access or use the Service.

Indemnity

You agree to indemnity and hold Orange, its related and affiliated corporations harmless against any costs, claims, demands, actions, proceedings, judgments, expenses, losses and liabilities of whatsoever nature incurred or suffered by, or brought, made or recovered against Orange, its related and affiliated corporations arising out of or in connection with your (a) use of the Service; and/or (b) breach of these terms and conditions by you.

Governing Law and Jurisdiction

These terms and conditions are subject to interpretation in accordance with the laws of Poland. Any dispute in relation to the use of the Service shall be subject to the jurisdiction of Poland.