Mobi2Me :: Terms and Conditions

1. Participation Rules

1.1. Your participation in the tournaments hosted by PBel (Pty) Ltd ("PBel"), the downloading of any games and use of any of PBel's services are strictly subject to the terms and conditions below and the terms and conditions contained on PBel's website ("the site"): www.pbel.co.za/gaming
1.2. Any reference to terms and conditions means the terms and conditions contained in this communication, the terms and conditions contained on the website and the tournament specific rules posted on the website and available for download (if applicable).
1.3. By downloading games and participating in any tournament, you acknowledge that you have read and understand the terms and conditions and agree thereto.
1.4. Minors may only participate if assisted by their legal guardian/s.

2. Winners

2.1. The results of each tournament will be published on the site and will also be available for downloading from the site to your cellphone, within 12 hours of closing of a tournament.
2.2. The results and winners shall be determined by Pbel, and such determination shall be final.
2.3. You are referred to the tournament rules in the event of a tie.

3. Prizes

3.1. Prizes for each tournament shall be published on the site and available to be downloaded to your cellphone.
3.2. Winners shall not be notified personally and it is your responsibility to monitor the site for publication of tournament winners.
3.3. Only South African citizens qualify for prizes.
3.4. Prizes shall be available immediately for collection from PBel's office, against proof of positive identification, alternatively, in the event of prizes consisting of items other then merchandise, delivery/transfer arrangements shall be published on the site, subject to PBel's sole discretion.
3.5. Prizes not collected within 30 days of publication of the winners, shall be deemed to be forfeited and the relevant winner shall have no further claim against PBel in respect thereof.
3.6. PBel accepts no liability of whatsoever nature in respect of the use of any prize.
3.7. Prizes are given "voetstoots", as is. PBel makes no representations and gives no warranties in respect of any prize. Prizes shall be subject to the manufacturer's warranties and you will be responsible to refer any defects to the manufacturer and or third party supplier (if applicable) directly.
3.8. Prizes shall not be exchanged for cash, unless otherwise agreed.

4. Publication

4.1. Your cellphone number shall be you username. You will however be able to register an alias on the site.
4.2. PBel reserves the right, in its sole dicretion to change or terminate offensive aliases.
4.3. By participating in any tournament, you agree that PBel may display your username or alias, and tournament records. By accepting any prize from PBel, you agree to allow PBel to print, publish, broadcast and use, worldwide, in any media at any time, your name, picture, voice, likeness, and/or biographical information for promotional or related purposes without additional compensation.

5. Assignment

5.1. Pbel is entitled to cede and assign any of its rights and obligation in respect of these terms and conditions or in respect of any of the services related thereto.
5.2. You are not entitled to cede and/or assign any of your rights acquired in relation to PBel or any supplier to it without first obtaining PBel's express written consent. You are specifically not allowed to assign any prizes.

6. Nefarious conduct

6.1. Pbel reserves the right to immediately terminate any services rendered to you and deny you access to the site should it suspect that you are guilty of fraud, theft or any other nefarious conduct, including any attempts to circumvent the points accumulation system developed by PBel.
6.2. In such an event you will not be entitled to any reimbursement.
6.3. Cheating will not be tolerated.

7. Disclaimer and limitation of liability
Although PBel has taken care to ensure that the content provided on the site is accurate and that you suffer no loss or damage as a result of your use of the site or participation in any tournament, the downloading of any game, your participation in any tournament, the site and the services are provided 'as is'. You expressly understand and agree that:

7.1. PBel assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalisation settings;
7.2. your use of the site and service is entirely at your own risk and you assume full responsibility for the risk of loss resulting from your use of the site or the service and your reliance on the material and information contained on the site or the sites of online partners, or suppliers;
7.3. PBel will not be liable for any damages whatsoever relating to your use of the site or the services or the information contained on the site or your inability to use the site or services, including, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether PBel were expressly advised of the possibility of such loss or damage, without derogating from the generality of the foregoing, PBel shall not be liable for:

7.3.1. any interruption, malfunction, downtime or other failure of the site or the service, the site or service or system of our online partners, our system, databases or any component thereof, for whatever reason;
7.3.2. any content on a third-party or online partner site or service;
7.3.3. any content or remarks that take place on a chartroom or other device used for the transmission of messages hosted by a third-party;
7.3.4. any loss or damage which arises from your orders, purchasers or disposal of goods and services, from third parties, based upon the information provided on the site;
7.3.5. any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects; negligence on our part;
7.3.6. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site or service;
7.3.7. unauthorised access to or alteration of your transmissions or data;
7.3.8. statements or conduct of any third party on the service;
7.3.9. any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers (currently Telkom), internet service providers, electricity suppliers (currently Eskom), local authorities and certification authorities;
7.3.10. any other matter relating to the site or the service or any event over which PBel have no direct control.

7.4. You indemnify PBel , its employees, suppliers and representatives against any loss (including consequential loss), damage, cost, claims or expense incurred by you or any third party as a consequence of you using PBel's services.
7.5. For purposes of the terms and conditions, "services" shall be interpreted to include the Site, the hosting of tournaments, making available games for downloading and any other service rendered by PBel to you.

8. Amendments to terms and conditions

8.1. PBel may amend the terms and conditions from time to time. By accessing the site you are bound to the version of the terms and conditions published on the site at the time of any visit to the site. You agree to view the current version each time you access the site.
8.2. A certificate signed by the administrator responsible for maintaining the site will be prima facie proof of the date of publication and content of the current version and all previous versions of the terms and conditions.

9. Links to other sites
Some of the sites listed as links are not under the control of PBel. Accordingly, PBel makes not representations whatsoever concerning the content of those sites. The fact that PBel has provided a link to a site is not an endorsement, authorisation, sponsorship or affiliation by PBel with respect to such site, its owners or its providers. PBel is providing these links only as a convenience to you. PBel has not tested any information, software or products found on these sites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software or products found on the Internet, and PBel cautions you to make sure that you completely understand these risk before retrieving, using, relying upon or purchasing anything via the Internet.

10. Choice of law

10.1. This Website is controlled, operated and administered by PBel from its offices as set out below within the Republic of South Africa.
10.2. You are subject to all laws of the country, province and/or state in which you reside and you are solely responsible to obey the applicable laws. PBel makes no representation that the content is appropriate or available for use in countries or provinces and/or states where the content is illegal or participation is prohibited. You are responsible to ensure that your participation is legal.
10.3. The user may not use this site, or participate in any service offered, in violation of South African export laws and regulations.
10.4. If the user accesses this site from locations outside of South Africa, that user is responsible for compliance with all local laws.
10.5. These terms and conditions shall be governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these terms and conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect.
10.6. These terms and conditions constitute the entire agreement between PBel and the user with regard to the use of the content on the site or any service offered by PBel, including but not limited to tournaments.
10.7. Pbel reserved the right to block access by any user or from any jurisdiction.

11. Intellectual Property

11.1. Pbel retains all copyright and other intellectual property rights in all software, material, including logos and other graphics and multimedia works published on the site or downloaded therefrom.
11.2. The logos and trademarks shown on the site are the registered and unregistered trademarks of PBel.
11.3. The content contained in sponsor advertisements or information presented to you through the site or service is proprietary and subject to intellectual property laws.
11.4. You agree not to modify, rent, loan, sell, distribute, commercialise or in any way create derivative works based on the site, service or the software, in whole or in part.
11.5. Nothing contained herein or the site should be construed as granting you a license or right to use any trademark or any other intellectual property rights proprietary to PBel or any of its partners or advertisers on the site.

12. Severability
If any portion of the terms and conditions is deemed void or unenforceable, then such provision only shall be deemed severable from the remainder of the terms and conditions and shall not effect the enforceability or validity thereof.

13. Contact details
In the event that you need to contact Mobi2Me for purposes related to these terms and conditions, please use the following:
Fax: (+27) 11 666 4788
Email: support@mobi2me.com

The terms and conditions was most recently updated on the 27 February 2008.