Terms & Conditions
Gamedom Service
GAMEDOM TERMS & CONDITIONS
E.B. Solutions Ltd (EBS) ("Organizer") is responsible for providing the Gamedom ("Service"), offered through a daily subscription, as described in item 5 below and accessible through the site https://gamedom-gp.upp.st ("Site"). The Service is addressed to all customers, pre-paid and post-paid of Grameenphone ("Operator"). All users of the Service ("Users") are subject to the Terms of Use ("Terms") below.
- Acceptance of Terms of Use
By accessing or using the Service, the User accepts and agrees to be bound by these Terms of Use.
- Changes in Terms of Use
The Organizer reserves the right to modify, add and/or change, at any time, the content of these Terms, at its sole discretion. Any changes, additions and/or amendments shall enter into force upon their publication on the Site or by any other means. No claim in respect of any change of the present Terms and Conditions is enforceable against the Organizer following the moment at which this change becomes available on the site.
Each time the User accesses and/or uses the Service, he acknowledges and accepts the current terms at the time of action. It is recommended that the content of the Terms is regularly checked by the User. The Organizer may discontinue or restrict the use of the Service to any User at any time upon notice to the User.
- Service Users
To use the Service, the User must be at least eighteen (18) years of full age or, if lower, the person that owns the SIM card or has express authorization from the SIM card’s owner to use will be considered the User, regardless of the actual holder of the phone. Users are required to maintain an active Grameenphone line throughout the Service duration. For clarity, active means Users who can make and respond to calls.
The Organizer reserves the right to verify the eligibility of the Users.
- Service - Subscription
4.1 The Service offered through the Site https://gamedom-gp.upp.st is a HTML 5 Portal-based gaming platform (the "Content") available to customers of the Operator with access to over 100 game titles upon a charge, which they can play via Internet access and offers the following benefits compared to others:
- HTML5 gaming is cross-platform. Any web-enabled device (phone, tablet, etc) can play
- It offers elements, attributes, and behaviours that are usually available on apps (e.g. swipe gameplay, 3D graphics and effects)
- HTML5 games don’t have to be installed on the device and can be updated offline
4.2 The customers interested in subscribing to the Service should be accessing the Site that can be communicated via various advertising web campaigns. After subscription over the web, Users will receive an SMS containing information on how to access the Service. Users will need to follow the URL received over SMS to access the Site. To access the Service, Users will need to first authenticate their subscription by providing their MSISDN and inserting the OTP code received over SMS. Access to the Service through the Site depends on the Internet connection and can be used over any connection, including WiFi, 3G and 4G.
If alternative subscription channels are available, customers will be able to subscribe using such channels and in all cases, they will receive the subscription confirmation as indicated above.
4.3 By subscribing to the Service, the User will be automatically charged 4TK+ 15% TAX (VAT) per day, including all taxes starting the 1st day of the Service. The User authorizes the cost of such subscription to be charged as reported by the Operator on their phone bill for post-paid Users, or the balance of available recharge for prepaid Users. If a pre-paid User does not have enough balance for subscription billing, the Service may be suspended and the User may only use the Service once the subscription is successfully billed. The User subscription will be renewed daily and automatically for equal periods, and the User will be charged the corresponding value, unless the User requests its cancellation, following the provisions below or the Organizer terminates the provision of the Service.
Any costs arising from the use of the data plan, for internet connection through 3G or another to be offered in its place by the User to access the Service, are not included in pricing and therefore will normally be charged by the Operator according to the data plan pricing.
Each User is solely responsible for any costs incurred to access the Site through any wireless or other communication service.
4.4 To promote the Service, the Organizer may offer at its sole discretion special deals on different terms and conditions at any time. Any different conditions provided in these Terms will be disclosed at the time of subscription to the Service or through other SMS communication in the context of the Service. Therefore, the subscription price and terms may vary from the original during a promotional offer and thus the Operator will charge the amount corresponding to the promotional offer, which will be different to the subscription price originally communicated.
4.5 The User may choose to opt out of the Service at any time by visiting the Site and clicking on the Unsubscription button. Any Users that wish to receive assistance on the way to unsubscribe from the Service, can do so by visiting the FAQ page of the Site. The User will not receive any refund in case of cancellation of their subscription.
4.6 By subscribing to the Service, the User authorizes the cost of such subscription to be charged daily, as reported by the Operator on the User’s mobile phone bill, in case of post-paid plan holder, or the balance of available recharge, in case of prepaid Users.
4.7 The Organizer reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Service with prior notice to Users. In this case, the User will not be entitled to any compensation and/or refund by the Organizer.
- Rights of use
The User may use the Service only for lawful and non-commercial purposes. Through registration to and use of, the User is granted only a personal, non-transferable, non-exclusive, non-commercial license. Therefore, there will be no transfer of ownership of Content to the User.
The User may not use the Service in any manner that could damage, disable, overburden or impair the servers or networks, or interfere with the use or enjoyment of the Service by any other party. The User may not attempt to gain unauthorized access to the Service, the User accounts, computer systems or computer networks or mobile devices through "hacking", password mining or any other way.
The User agrees not to use the Service or give permission to a third party, to:
• Copy, modify, adapt, translate, or reverse engineer any part of the Service and its contents;
• Remove notifications or citations of any copyright, trademark or other proprietary rights notices contained in the Service or any content or other materials available on the Site;
• Transmit files that contain viruses, "malware", disabling code, corrupted files or any other similar software or programs that may damage the computer's operation of another party;
• Use the Service to deliver ads or unsolicited promotional materials, "spam," pyramid schemes, "current" information or similar forms of advertising or unauthorized solicitation, or "hack" or breach any security measure;
• Reformat or reproduce any of the pages that are part of the Site;
• Create User accounts by automated means or under false or fraudulent pretences; or
• Collect or store personal data about other Users in connection with the prohibited activities described in this item, without the Organizer’s written consent.
The Organizer may take legal action and make use of any technical device to prevent the violation of this item. If the Organizer identifies any breach of the above clause, the Organizer may cancel the User’s access to the Service without notice.
The services offered by the Organizer are protected under the current legislation and the unauthorized use of any part of the Service will result in violation of copyright, trademark and / or other intellectual property rights owned by the Organizer or for which this holds permits for commercial use.
In addition to the above, the Service, and any and all related copyrights are the property of the Organizer or their affiliates, suppliers, distributors, merchants, licensors or other partners, and are protected by the law.
The trademarks, service marks, logos, trade names, and trade dress ("Marks") used in the Service, are owned by Organizer, or their affiliates, suppliers, distributors, merchants, licensors or other partners.
- Personal Information
6.1 The Organizer may ask the User to provide personal information so that it can have access to all the functions of the Service. By providing this information, the User agrees with the accuracy and updating of the data in the system. The User hereby agrees that personal data supplied when participating in the Service may be used by the Organizer to monitor participation in the Service, to provide services to Users from time to time and to evaluate Service improvements. The User further acknowledges that, if any information provided by him is untrue, inaccurate, not current or incomplete, the Organizer shall have the right to terminate the use of the Service, with or without notice.
6.2 In addition to the information required by the User, the Organizer may automatically receive and record non-personal information from the User's browser while the User accesses the Service. The information collected from Users through the Service may be used for the purposes for which it was provided, enabling access to the Service and the provision of technical assistance. Under no circumstances shall the information collected from Users be used for advertising purposes or shared with third parties for any purposes other than the purposes for which it was provided. The Service provides reasonable measures of administrative security, physical and electronic to protect the information collected from loss, misuse and fraudulent alteration of personal information. However, by the very nature of the Internet, no data transmission over the medium can be considered absolutely inviolable by third parties acting unlawfully and others form the control established by the Service.
- User Warranties
The User warrants that:
• he/she will use the Service in accordance with these Terms and all applicable laws and regulations;
• he/she will not infringe any intellectual property rights of any third party; and
• he/she will duly pay the subscription fees.
- Indemnity
The User agrees to indemnify, defend and hold harmless the Organizer, their officers, directors, employees, agents, subsidiaries, affiliates, partners, licensors, licensees, service providers, suppliers, distributors, partners or activities of sponsors, marketers, advertisers and others acting in concert with those from and against any loss, liability, claim or demand, including, without limitation, attorneys' fees, incurred by the User or any third party on their behalf, arising out of or relating to:
(a) the use by the User of the Service, Content, Site, Trademarks or any activity performed in connection with the Service;
(B) violation of these Terms of any applicable laws or the rights of the Organizer/ Operator, or any third party; or
(c) any activity related to the User’s account.
- Disclaimer – Limitation of Liability
The Organizer offers the Service as it is, with all faults and as available. The Organizer does not guarantee that the Service will meet each User’s requirements or will be error-free, reliable, without interruption, or available at all times. The Organizer does not guarantee the accuracy, completeness or full reliability beyond the here provided for the use of the Service. There is no guarantee of the Organizer that the results that may be obtained from the Service will be effective, reliable, accurate or meet the personal expectations of the User. The Organizer does not warrant that use of the Site will be free from interruptions, errors or data loss cannot occur. The Organizer aspires to provide the Service at any time, but due to technical reasons, it does not guarantee availability at any time.
The Organizer makes no warranties in relation to information systems, software and functionalities accessible by or through the Site or any security associated with the transmission of sensitive information. The User is responsible for taking all necessary precautions to ensure that any services or content they get through the Site is free of viruses or other malicious code.
The Organizer is not in any way responsible for any indirect, special, incidental, consequential, or exemplary damages arising from the use of, inability to use, or reliance upon the Service. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if the Organizer knew or should have known of the possibility of such damages. In no event shall the Organizer’s liability relating to the use of the Services exceed the total amount of service fees that the User paid during a one-year period for the specific service at issue.
- Termination
The Organizer may immediately terminate and/or suspend the provision of Service to the User without notice if there is a breach of these terms or other use policies related to the Service, as determined at the sole discretion of the Organizer. In this case, the User will not be entitled to any compensation.
- General Provisions
11.1 The Organizer cannot be held responsible for any delay or impossibility of sending or receiving SMS messages because of a technical problem. All the SMS messages will be considered received by the Organizer when they are registered in the Service’s IT system and not when they are sent by the User. All the SMS messages will be considered received by the User at the moment they were sent from the Service’s IT system. The Users recognize and accept that the log files of the informatics system of the Service’s IT System is the proof of the date, hour, minute and second of their receiving.
11.2 The Organizer accepts no responsibility for any incorrect or incomplete registration details that Users may supply as part of the registration for the Service.
11.3 The Organizer accepts no responsibility for undelivered, lost or delayed SMS or entries nor for any network errors for which there may be delays during peak time. Proof of sending SMS by Users or is not proof of receipt by the Organizer.
11.4 Except for force majeure incidents such as disruptions in power supply, the Organizer will procure the technical equipment and the needed software for the Service, without taking responsibility for any technical or network failures. Any claim of a User will be resolved by the Organizer, if it is well-founded, assuring the equality of chances for the User and repairing the prejudice, if possible.
11.5 These Terms are governed exclusively by the laws of Bangladesh, without giving effect to its conflict of law rules.