Ngomma VAS Ltd. Terms and Conditions of Use
Hello, and welcome to our Terms and Conditions of Use. This is
important and affects your legal rights, so please read them carefully.
1. Introductions
Thanks for choosing Ngomma VAS Ltd. (ÒNgomma VASÓ, ÒweÓ, ÒusÓ,
ÒourÓ). By using Ngomma VAS Ltd. service, websites, or software applications
(together, the ÒNgomma VAS ServiceÓ or ÒServiceÓ), you are entering into a
binding contract with Ngomma VAS. Your agreement with us includes these Terms
and Conditions of Use (ÒTermsÓ). If you donÕt agree with these Terms, then
please donÕt use the Service.
In order to use the Ngomma VAS Service, you need to (a) be 18 or
older, or be 13 or older
and have your parent or guardianÕs consent to these Terms, (b) have the
power to enter a binding contract with us and are not barred from doing so
under any applicable laws, and (c) be resident in the Local Country. You also
warrant that any registration information that you submit to Ngomma VAS is
true, accurate and complete, and you agree to keep it that way at all times.
2.
Changes to the
Agreements
Occasionally we may, in our discretion, make changes to the Ngomma
VAS Service and Agreements. When we make changes to the Agreements that we
consider material, weÕll notify you through the Service. By continuing to use
the Service after those changes are made, you are expressing and acknowledging
your acceptance of the changes.
3.
Subscriptions
Ngomma VAS account holders may access the Ngomma VAS Service by
any of our several Subscriptions:
Paid
Subscription: subscription fee-based service which enables you to listen to
music while not connected to the internet, among other features; or
Mobile Service: via a
supported mobile handset.
By using the Mobile Service, you agree to accept the Mobile
Terms and to register for the Service as a mobile subscriber.
4.
License and
assignment
The Ngomma VAS Service and the content provided through it are
the property of Ngomma VAS or Ngomma VASÕs licensors, and we grant you a
limited, non-exclusive, revocable license to make personal, non-commercial use
of the Ngomma VAS Service and to receive the media content made available
through the Ngomma VAS Service in your Local Country This License shall remain
in effect unless terminated by you or Ngomma VAS.
The Ngomma VAS software applications are licensed, not sold, to
you, and Ngomma VAS retains ownership of all copies of the Ngomma VAS software
applications even after installation on your Devices. Ngomma VAS may assign
these Agreements or any part of them without restrictions. You may not assign
these Agreements or any part of them, nor transfer or sub-license your rights
under this License, to any third party.
All Ngomma VAS trademarks, service marks, trade names, logos,
domain names, and any other features of the Ngomma VAS brand are the sole
property of Ngomma VAS. This License does not grant you any rights to use the Ngomma
VAS trademarks, service marks, trade names, logos, domain names, or any other
features of the Ngomma VAS brand, whether for commercial or non-commercial use.
You agree to abide by our User Guidelines and not to use the Ngomma
VAS Service (including but not limited to its content) in any manner not
expressly permitted by the Terms.
5.
User generated
content
Ngomma VAS does not monitor, review, or edit User Content, but
reserves the right to remove or disable access to any User Content for any or
no reason, including but not limited to, User Content that, in Ngomma VASÕs
sole discretion, violates these Agreements. Ngomma VAS may take these actions
without prior notification to you. Removal or disabling of access to User
Content shall be at our sole discretion, and we do not promise to remove or
disable access to any specific User Content.
Ngomma VAS is not responsible for User Content nor does it
endorse any opinion contained in User Content.
6.
Consideration
These Terms are not intended to grant rights to anyone except
you and Ngomma VAS, and in no event shall these Terms create any third party
beneficiary rights. Any failure by Ngomma VAS to enforce these Terms or any
provision thereof shall not waive Ngomma VASÕs right to do so.
7.
User Guidelines
WeÕve established a few ground rules for you to follow when
using the Service, to make sure Ngomma VAS stays enjoyable for everyone. Please
follow these rules and encourage other users to do the same.
Ngomma VAS respects intellectual property rights and expects you
to do the same.
Please respect Ngomma VAS and other users of the Ngomma VAS
Service.
Please be thoughtful about what you make public on Ngomma VAS.
The Ngomma VAS Service includes social and interactive features, including the
ability to post User Content, share content, and make certain information about
you public, as further described in your account settings.
Your password protects your user account, and you are solely
responsible for keeping your password confidential and secure.
8.
Copyright
infringement
Ngomma VAS respects the rights of intellectual property owners.
We should also let you know that Ngomma VAS has the policy to
terminate in appropriate circumstances the accounts of subscribers who are
repeat infringers.
9.
Technology
limitations and modifications
Ngomma VAS will make reasonable efforts to keep the Ngomma VAS
Service operational. However, certain technical difficulties or maintenance
may, from time to time, result in temporary interruptions. Ngomma VAS reserves
the right, periodically and at any time, to modify or discontinue, temporarily
or permanently, functions and features of the Ngomma VAS Service, with or
without notice, all without liability to you for any interruption,
modification, or discontinuation of the Ngomma VAS Service or any function or
feature thereof.
10.
Payments,
Cancellations and cooling off
If you have a Paid Subscription, your payment to Ngomma VAS will
automatically renew at the end of the subscription period, unless you cancel
your Paid Subscription through your subscription page before the end of the
current subscription period. The cancellation will take effect the day after
the last day of the current subscription period.
Ngomma VAS may change the price for the Paid Subscriptions from
time to time and will communicate any price changes to you. Price changes for
Paid Subscriptions will take effect at the start of the next subscription
period following the date of the price change. By continuing to use the Ngomma
VAS Service after the price change takes effect, you accept the new price.
11.
Term and
termination
These Terms will continue to apply to you until terminated by
either you or Ngomma VAS. Ngomma VAS may terminate the Terms or suspend your
access to the Ngomma VAS Service at any time, including in the event of your
actual or suspected unauthorized use of the Ngomma VAS Service or
non-compliance with the Terms. If you or Ngomma VAS terminate the Terms, or if Ngomma
VAS suspends your access to the Ngomma VAS Service, you agree that Ngomma VAS
shall have no liability or responsibility to you and Ngomma VAS will not refund
any amounts that you have already paid, to the fullest extent permitted by
applicable law.
12.
Warranty
We endeavor to provide the best service we can, but you
understand and agree that THE NGOMMA VAS SERVICE IS PROVIDED ÒAS ISÓ, WITHOUT
EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE NGOMMA VAS
SERVICE AT YOUR OWN RISK. NGOMMA VAS DISCLAIMS ANY WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In
addition, Ngomma VAS does not warrant, endorse, guarantee or assume
responsibility for any Third Party Applications.