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Terms and Conditions

Terms & Conditions for the use of the web site MMS-Club.Com:

Terms And Conditions For MMS-Club.Com

The parties appearing are:

The first party, MMS-Club.Com, is represented by Internexium ApS, Copenhagen, Denmark, as sole Administrator of the Company, and the second party, the USER. The particulars for the second party will be the details provided by the USER on the form used for identification purposes by MMS-Club.Com.

DEFINITIONS

- "MMS": The bundles of content (text, audio and graphic), which can be sent to a mobile cell unit from MMS-Club.Com
- "Games": Monile Java Games which can be transmitted to a mobile cell unit fom MMS-Club.Com
- "Download": A process which enables to communicate to a mobile cell unit any of the above mentioned MMS or Games 
� Intuitu Personae Agreement: Any agreement entered into by an individual on his own behalf, the circumstances of that individual being of the essence for the agreement so that the legal position resulting thereof is not transferable to third parties. 
� User Name and Password: Identifying elements determined and selected by the USER during the MMS-Club.Com registration process and which be used to identify him on any further access to the services offered by MMS-Club.Com. 
- Acceptance, perfectioning and completion of the Agreement: By accepting the Agreement, the USER consents to and submits himself to the consequences of the Agreement. An agreement is perfected upon fulfillment of all the essential conditions required for its validity (consent, purpose and consideration), and it is completed when all its conditions precedent have been complied with.

STIPULATIONS

FIRST CLAUSE. Object

1.1 Pursuant to this contract, MMS-Club.Com is hereby bound to communicate the content included in their database at the URL http://www.mms-club.com, so that the USER may download such content in the digital format selected from among the options offered for this purpose by MMS-Club.Com.

In accordance with the provisions of this Agreement, this public communication, known as MMS-Club.Com Credits Account, is agreed in terms of the amount of money which being deposited into the account, and converted to MMS-Club.Com Credits. Both parties expressly acknowledge that a set price is established.

1.2 The USER hereby contracts the service personally and individually, expressly to be an intuitu personae agreement.

The service which is the subject hereof terminates at the user�s computer level. MMS-Club.Com does not take any responsibility for any further uses thereof which are not provided for herein. The user shall be the only responsible for any hardware, systems and software used to access to, browse or use the Internet, to access to the website where the contracted service is rendered, and to view and download any MMS, Games or other materials which might be accessible through the Service. No actions by the user on the contents which are the subject of the MMS-Club.Com service are included in this Agreement. In no event shall Internexium ApS be responsible for the use by the user of the contents accessible to him through the contracted service, and no other use of any such contents by the user is authorized by Internexium ApS except for their browsing in the user�s personal computer.

The USER hereby consents to this contract and expressly accepts each and every obligation contained herein. By express agreement of both parties, the USER shall confirm and give the afore-mentioned acceptance by clicking on the �Accept� box in the appropriate page of MMS-Club.Com�s URL.

The USER will receive the purchased contents from such time as MMS-Club.Com, pursuant to the stipulations contained herein, has verified that full payment has been received for the service, whatever form of payment is used. All transactions shall be subject to the stipulations contained in the Fourth Clause.

1.3 To be able to access and transmit the content described in the preceding clauses, the USER must have completed the form provided by MMS-Club.Com on URL www.MMS-Club.Com/Register.asp. This registration is used solely for access to MMS-Club.Com�s general services and is a requirement giving entitlement to enter into this contract.

It is expressly agreed hereby by both parties that, given the extremely personal nature of this contractual agreement, such pre-registration with MMS-Club.Com shall be an essential requirement for the proper identification of the USER during his/her connections to the said service pursuant to this subscription contract.

Furthermore, both parties expressly agree that, in order to be able to access the MMS-Club.Com service, the USER shall be obliged to settle pre-payment of the said subscription, according to the rates set down in this contract and as monetary consideration for the same.

1.4 Any USERS already registered with MMS-Club.Com with respect to any of the services offered by MMS-Club.Com will be able to access to the MMS-Club.Com service, upon payment therefor, without any further registrations by using as their ID and key their existing ID and key for access to MMS-Club.Com services, without the need to go through an additional registration process.

SECOND CLAUSE- USER�S Obligations

2.1 The USER is hereby bound to make proper use of the service, in accordance with the particular conditions governing MMS-Club.Com services and with the stipulations duly set down in this contract or in Law, and is also expected to act in good faith.

2.2 The USER also agrees to use the services, object of this contract, for his/her own personal and individual use that shall not be transferable.

2.3 Any infringement of the regulating conditions applicable either to the MMS-Club.Com service, or duly set down in the terms of this contract, or any violation of the obligation to make personal and non-transferable use of the service, or any manner of usage that may not be acceptable as an act of good faith, that is deemed as such infringement or violation by MMS-Club.Com, shall suffice for MMS-Club.Com to interrupt the provision of service to that particular USER.

THIRD CLAUSE- Acceptance, Formalisation and Completion of the contract.

3.1 This contract shall be deemed as formalised as of the consent granted thereto by the USER. The USER shall express such consent as stated in the first Clause, by clicking on the �Accept� box and pressing the Buy Credits! button that appears on the URL http://www.MMS-Club.Com/default.asp and all other MMS-Club.Com related URL's. Such consent shall be deemed equivalent to the USER�s signature and shall give the USER access to the registration process required for due fulfilment of this contract.

3.2 The completion of this contract requires the payment of the service price, in the form and amount stated in the Fourth Clause of this contract.

3.3 The USER shall only be able to transmit each content included in MMS-Club.Com�s catalague of MMS, Games and other content, for once.

3.4 MMS-Club.Com is hereby bound to set up and run a USER protection system that will come into operation when an attempted transmission has failed, similar to the protection system currently available on the MMS-Club.Com webpage that the USER states he/she acknowledges and accepts as sufficient. Consequently, the amount paid by the USER for this particular transmission will not be deducted from his/her MMS-Club.Com credits account.

FOURTH CLAUSE- Payment.

4.1 The price of the services of MMS-Club.Com, object of this contract, is set on the URL www.mms-club.com/PurchaseCC.asp

Notwithstanding the preceding paragraph, MMS-Club.Com reserves the right to alter the set price unilaterally. Such modifications in price shall be notified by publication of the revised price on the following URL http://www.mms-club.com.com/PurchaseCC.asp. In no case shall these modifications affect any contract already in force at that time; for the USER, the said revised prices shall be applicable as of the subscription period immediately following the date on which the said revised prices become effective.

Besides, MMS-Club.Com reserves the right to offer this service to a lower price, with promotional aims and limited to the duration of the specific promotion.

4.2 The USER may perform pre-payment by any of the means stated on the URL http://www.mms-club.com/PurchaseCC.asp, which are as follows:

- on-line credit card payment: MasterCard, VISA, Diners Club, JCB. 
- mobile phone payment, paid over the mobile phone bill.

4.3 Payment shall be duly made when purchase of the services will be made.

4.4 If purchase of an MMS-Club.Com service should reason in dissatisfaction, you must contact us on <a href="mailto:support@mms-club.com">support@mms-club.com</a>. We will then review your case and consider a refund, if the reason is valid.

4.5 If you wish to cancel your account, and still have unused credits in your account, we will not refund these unused credits. You can, however, have the unused credits transferred to another account on MMS-Club.Com. Contact us on <a href="mailto:support@mms-club.com">support@mms-club.com</a> in order for us to do that.

FIFTH CLAUSE- TERM OF THE CONTRACT.

5.1- Commencement: This contract shall come into effect as of the time the system comes into operation according as per the following description:

- For payments made by credit or debit card: this contract shall be deemed as soon as the payment has been made and the contract formalised by the USER as described in clause three .

5.2- Duration: The duration of this contract is determinated for the actual deposit and, in any case, shall be at most one year, as of the commencement date as stipulated in 5.1.

SIXTH- Survival of the contract

In the event that any of the clauses included in this contract should become null and void, illegal or cannot be applied in law pursuant to some legal regulation or firm ruling from a competent legal or administrative authority, such clauses shall be deemed without effect to the extent to which they are affected by the said regulation or ruling. The full validity of the remainder of this contract shall not be affected thereby, providing that the spirit of the contract is not impaired by the annulled part.

The contracting parties agree hereby to substitute the affected clause or clauses for another or others that preserve the spirit of this contract and give rise to an economic effect similar to the conditions they replace.

MMS-Club.Com or Internexium ApS can, at any time, change the contents of this contract with a warning of 7 working days.

SEVENTH- Termination.

This contract shall be deemed terminated through cancellation or through completion or expiry of the term and any extensions thereof.

Both parties hereby agree that the following are justified causes for unilateral cancellation of this contract:

a. Persistent non-fulfilment by the other party of any of the clauses agreed upon in this contract that is not made good within ten days, or the technical inability to fulfil the obligations derived from this agreement. 
b. Liquidation or winding up of either of the parties, except when such liquidation or winding up is the result of a reorganisation within the company group.
c. Declaration of bankruptcy or suspended payments by either of the parties after this contract has been duly signed.

TERRITORIAL LIMITATIONS Currently, the MMS-Club.Com service is only available to residents of the countries listed on the URL http://www.mms-club.com/Register.asp. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the MMS-Club.Com service from other than these countries.

FINAL CLAUSE. Express waiver of privileges.

Both parties hereby expressly waiver any special right to any other law courts to which they may be submitted and agree to submit any discrepancy whatsoever arising from the interpretation or the application of this contract to the Courts of the country of Denmark.

"The user acknowledges and accepts that the preceding conditions stated herein shall govern the relationship between MMS-Club.Com and the USER.

This contract shall be deemed as validly made as of such time as the USER grants his/her consent hereto, by marking the acceptance box and completing the purchase of MMS-Club.Com Credits and from that date onwards.

Terms & Conditions for the use of subscription and other content services marketed by Internexium ApS Denmark:

Terms and Conditions

These terms and conditions cover the subscription services offered by Internexium ApS Denmark, marketed in the brand name of MMS-Club.Com, and sold in Malaysia through channels including, but not limited to, the short code 32248, the web site www.mms-club.com.

1.Payment
The price of the subscription plan is mentioned in the material sent as SMS to the user upon or before signing up to the service. The price for download of each content item will be charged upon retrieval of the content notification (�WAP Push�), and will be added to the mobile phone bill/charges.
The content downloads are non-refundable.
2.Subscription duration
The subscription cycle is minimum one month. The subscription can be demanded for termination at any time, but the unsubscription will not take place until the actual subscription cycle has reached one month.
3.Termination
To demand the subscription for termination, send STOP CLUB to 32248. You will be unsubscribed from the subscription service when your subscription cycle has reached one month.
Example: You have signed up for the service on feb. 10th. On may 25th, you decide to unsubscribe. On that day, you send STOP CLUB to 32248. On June 10th, your subscription will be terminated, since at that day your subscription cycle has reached one month.
4.Content Terms
All content being delivered to subscribers has been tested and verified by Internexium ApS Denmark. Internexium does not take responsibility for content support issues, including, but not limited to, your mobile phone hand set not supporting the delivered content due to software errors in your mobile phone.

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