GENERAL TERMS AND CONDITIONS FOR PREMIUM SMS SERVICES
PROMOTIONAL TERMS AND CONDITIONS
1.1 Offers or statements mentioned in advertisements or on http://ctrackz.net ("Website") are without engagement unless it is
expressly stated in writing otherwise.
1.2 Before the subscription starts the subscriber will receive a free message with a short description of the service and the
costs for each message. Thereafter, for every message received or sent a charge can
incur depending on the type of message and/or billing method. On all messages sent and received the standard costs
for sending texts messages, as set by the operators, may apply. The rates and billing
method for using the service in a specific country can be found under FAQ the subscriber will pay for every message
received, and sometimes additional costs for every sent message. Furthermore, a once-
only subscription fee may be applicable.
1.3 On this website subscriber will find the costs for the offered subscriptions. In the case of a regular
subscription, charges are debited against the subscriber's account by the Operator; in the case of a pre-
paid subscription, charges are deducted from the subscriber's credit balance. The subscriber hereby
expressly grants his or her authorization for charging, and commits to payment in full for the charges
incurred as a result of the subscription to Ctrackz service. By mutual consent it is furthermore possible to
arrange payment of the charges by an alternative means (for example credit card).
1.4 Ctrackz is at all times entitled to change any and all costs following prior announcement on the
Website. Existing subscribers will receive an announcement by SMS two weeks in advance before the
price change. Changes shall be deemed accepted if subscribers continue to use or subscribing to Ctrackz
services after the date on which the price change is to be implemented.
2. Terms & Conditions
Upon sending the designated keyword to the dedicated short code, subscriber will receive a confirmation
Message as acknowledgment of the successful registration for this service. Subsequently, the subscriber
will receive a wap push with a url to the content item. The subscriber will receive a maximum of 7 weekly
messages with a url depending on the operator.
2.1 This is an ongoing subscription, the subscriber will continue to be a registered subscriber until he/she
2.2 The subscriber needs to be at least 18 years old. If you are not the person responsible for paying the
mobile bill or under years of age, please obtain the permission of the payer of the mobile bill, parents,
guardian, and employers before subscribing and/ or participating in the service. By subscribing and/or
participating in the service, Ctrackz presumes that subscriber has obtained the necessary permission,
consent or approval from the payer of the mobile bill, guardian or parents.
2.3 A subscriber can unsubscribe by sending a stop-message to the short code. For the exact details,
please check the FAQ page on the website. Another way to unsubscribe is to contact our customer
service, by telephone or e-mail. Always mention the mobile phone number, shortcode and keyword. The
contact details can be found on the website in "Contact" page.
3. How it works
3.1 To subscribe to the Ctrackz service, please subscribe via Internet or via SMS.
a) Via SMS, if you come across one of the Ctrackz-promotions on Internet you can subscribe by sending
an SMS with the designated keyword to a shortcode.
b) Via Internet you can fill in your mobile phone number on the Ctrackz landing pages.
3.2 After subscription via SMS, Ctrackz clients will receive a confirmation message about the successful
registration. Subsequently, the first url to the content would be sent. Ctrcakz clients subscribed by
Internet will receive a confirmation message which they first have to confirm. After a successful
confirmation the first item would be sent to subscriber. (The Confirmation messages are free of charge).
4. Termination of the service
4.1 Termination of the Ctrackz Service may take place solely as stated on the Website.
4.2 The Ctrackz Service is deemed to be terminated solely once the subscriber has received a
confirmation message of the termination by SMS. The termination confirmation message shall incur a
charge no greater than the actual cost of the message. Ctrackz may immediately terminate all Ctrackz
services to subscriber if (a) the subscriber fails to pay the charges within the period stated in subscriber's
mobile phone subscription with the Operator, or (b) Ctrackz (i) has cause to believe that the subscriber
acts or has acted in violation of these Terms & Conditions or the Game Terms & Conditions or (ii) is
expressly requested by the Operator to do so or (c) any law, regulations, directives or governmental
action renders all or any portion of the Ctrackz service is unlawful or impractical; or (d) the subscriber use
of the Ctrackz service impairs or threatens to impair the integrity or functionality of the Ctrackz network
in any manner.
4.3 Ctrackz shall accept no liability towards the subscriber and/or third parties resulting from termination
or cancellation of the Ctrackz Service(s).
GENERAL TERMS AND CONDITIONS FOR PREMIUM SMS SERVICES
The following General Terms and Conditions are applicable to the products and services
supplied via Short Messaging Services (hereinafter to be referred to as "SMS"), General
Packet Radio Services ("GPRS") and Third Generation Servies ("3G"), or enterprises affiliated
to it, (hereinafter to be referred to as "the Provider"). The Provider is permitted to amend
these General Terms and Conditions from time to time without notice. Apart from the
General Terms and Conditions, any applicable and publicized rules, promotional conditions,
guidelines and provisions pertaining to the services also apply to you and the Provider upon
the use of the Services (as defined herein) of the Provider. All those guidelines, rules,
promotional conditions and provisions will be considered an inextricable part of these
General Terms and Conditions. By availing yourself to use the Services of the Provider, you
agree to be bound by these General Terms and Conditions and the guidelines, rules and
promotional conditions. No departures from these Terms & Conditions shall apply except
with the prior express consent in writing from Ctrackz for the specific agreement.
1. DESCRIPTION OF THE PROVIDER.
By means of SMS, GPRS and 3G services, the Provider supplies its user's access to a network
of on-line sources, including on-line games, text messages, rich content and on-line
information material which may be downloaded onto mobile telephone or whatsoever
devices ("Services"). The General Terms and Conditions are at all times applicable to all new
facilities including facilities which the Provider may implement as part of the Provider's
expansion, extension or improvement of the present Services, including any extension to
new functions added by the Provider.
The Service is supplied "as is" (at the stage of development it happens to be in) and the
Provider accepts no liability nor does it issue any guarantees or warranty in the event that
personal configurations, information or messages are not saved, or not saved in due time,
or if they are deleted or incorrectly delivered. In order to subscribe to the Service, you are
required to have access to the Internet and/or a mobile communications subscription and
pay any service fees associated with such access. You are required to pay all expenses
incurred in creating such access. You are also responsible for seeing to the connection of
any necessary equipment, including any mobile telephone or personal computer or
whatever devices that may be necessary needed and are in working order and suitable for
use in connection with the Service.
The End-user requests the Ctrackz service(s) from Ctrackz. These will be delivered by Ctrackz
and the network of the Operator to the End- user.
You have access to our on-line services free of charge. With regards to the Services and the
use of it, you shall pay the amount corresponding to the applicable rates of the Provider in
force at that time and according to the rates charged by your mobile operator. The charges
shall be invoiced to you via your mobile operator through the mobile bill you receive from
the mobile operator of your network. The Provider reserves the right to change the rates for
the Service by posting details of such changes on its website.
4. REGISTRATION OBLIGATION.
In order to warrant safe and secure use of the Service, you guarantee the following, in
addition to paying the applicable charges: (a) Your personal information (hereinafter to be
referred to as the "Registered Information") provided on the registration form is correct,
true, accurate and complete and (b) You agree to ensure that the Registered Information is
at all times correct, up to date, true, accurate and complete. If the Provider has a
reasonable suspicion that the Registered Information does not reflect a true state of affairs,
or is not accurate or complete, then the Provider is entitled to suspend or terminate your
account and to withhold both current and future use of the Service, or any component of it.
You yourself are responsible for maintaining the secrecy of any passwords and/or accounts
issued to you by the Provider, and you are fully liable for all actions carried out involving the
use of your password or account. You undertake at the end of each session to close your
account (by closing yo ur browser) and to contact the Provider if you notice or suspect that
unauthorized use has been made of your password or account, or that security or
protection is no longer guaranteed for any other reason. The Provider cannot and will not
be liable for any damage arising from your failure to observe the stipulations of this article.
5. RELEASE OF PRIZES.
In order to receive a prize you have won, you must be registered with the Provider, in
accordance with article 4 of these General Terms and Conditions. The information supplied
must be valid in order to qualify for the prize. Prizes are released to users 16 years of age
and older who are resident and in possession of a postal address. In the event of doubt
regarding the user's age, the Provider is at all times entitled to request a copy of a valid
identity document before releasing any prize. All entitlement to prizes is forfeited if we have
not received a copy of an identity document within 21 days of requesting it from you.
Monetary prizes are only paid into your bank accounts with a legally recognized bank upon
providing the Provider with the correct banking information. Prizes paid out by the Provider
are inclusive of tax. Upon acceptance of any prize, the user authorizes this Provider to make
use of his or her name for promotional activities. The Provider cannot guarantee that the
prizes supplied corresp ond to the photographs displayed on the Provider's website. If the
Prizes shown on the Provider's website are no longer available, the Provider shall be entitled
to replace the prize at any time which the Provider deems fit. User should be stay with the
program until the Closed date, otherwise is cannot have draw from this program. Prizes are
released 90 days after the Provider has announced the winner. Any expenses, such as (but
not restricted to) bank and postal charges, are borne by the winning party. Enterprises
and/or legal entities and/or sponsors, employees and business partners are barred from
participating. No correspondence of any kind will be entertained by the Provider regarding
6. PROCESSING OF INFORMATION.
The Provider attaches great importance to the privacy of its users. To ensure this we have
created a policy that is inextricably linked to the General Terms and Conditions of the
Provider. You acknowledge that the Provider collects and processed the Registration
Information and information on your use of the Service including the personally identifiable
company, the Provider increasingly goes beyond the borders of one country.
You undertake to indemnify the Provider and its subsidiaries, affiliated enterprises,
functionaries, representatives or other partners, and employees against any demands or
claims by third parties, including all reasonable costs incurred for legal assistance, which
demands or claims arise from or are the consequence of any information you have sent or
offered via the Service as a result of your connection with the Service, your use of the
Service, or any violation committed by you of the General Terms and Conditions or rights of
8. PROHIBITION ON RESALE OF THE SERVICE.
You undertake not to reproduce, copy, sell, resell or use the Service, or any part of it, or
access to the Service for commercial purposes.
9. GENERAL RULES REGARDING USE AND SAVING OF INFORMATION.
Regarding the use of the Service you agree to the general rules, rules of play, promotional
conditions and restrictions established by the Provider. The Provider reserves the right at all
times and at its own discretion, without being required to issue prior notice, to amend these
general rules, rules of play, promotional conditions and restrictions. The Provider is entitled
to annul accounts that have remained inactive for considerable periods of time. You agree
with the arrangement whereby the Provider bears no responsibility or liability to you in the
event that information sent or provided by means of the Service is not saved or is deleted in
10. ALTERATIONS TO THE SERVICE.
The Provider may at any time alter or terminate the Service, or any part of it, either
temporarily or permanently. You agree that the Provider is not liable to any third party or
you as a user in the event that the Service is altered, terminated or suspended.
You agree that the Provider may at its own discretion and regardless of the reasons for
doing so, terminate use of the Service, destroy and remove the content and information
within the Service if the Provider is of the opinion that you have not observed the General
Terms and Conditions, or you have acted contrary to General Terms and Conditions, or for
any other reasons. You agree that the Provider may erase or deactivate your account and all
information connected with it as well as any lists or files contained in it without delay,
and/or deny you all further access to the Service. In pursuance of the stipulations of these
General Terms and Conditions, the Provider may also terminate your access to the Service
without issuing prior notice.
12. TRANSACTIONS WITH ADVERTISERS AND/OR SPONSORS.
Any dealings performed between you and sponsors and/or advertisers, or any participation
in promotions by sponsors and/or advertisers that have been located on the Service,
including the supply and payment of goods or services, as well as all other guarantees,
terms and conditions and statements issued in connection with those transactions are the
exclusive concern of you and the sponsor and/or advertiser. You agree that the Provider is
not liable or responsible for any damage of any nature whatever that may be the result of
such transactions or the presence of those sponsors and/or advertisers on the Service.
13. OWNERSHIP RIGHTS OF THE PROVIDER.
You are aware and agree that the Service and software used in connection with the Service,
(hereinafter to be referred to as the "Software"), contain confidential information which
belongs to the Provider is protected by valid and applicable intellectual and industrial
ownership rights legislation and other legislation. You are also aware and agree that
copyright, trademarks, service marks, patents or other ownership rights and laws are
applicable to Information published in sponsors' advertisements or information offered to
you via the Service. You undertake, either partially or wholly, not to amend, rent, rent out,
borrow, lend, sell, distribute or create products derived from the Service or the Software
except in the event that the Provider has given you explicit written permission to do so. The
Provider hereby grants you a personal, non-transferable and non-exclusive right and
permission to use the working code of its Software, provided you do not copy or alter any
source code whatever, or create a produ ct derived from it, or carry out any reverse
engineering or reverse assembly on it or in any other way attempt to find a source code (or
permit third parties to do so) (except if and insofar as such acts are permitted by the
provisions of any mandatory law that may be in effect), and you agree not sell, encode,
sublicense, encumber with security rights or transfer in any other way any rights connected
with the Software to any person or entity. You undertake not to alter the Software in any
way whatever or to use any altered versions of the Software for the purpose of gaining
unauthorized access to the Service or for any other reason. In gaining access to the Service,
you undertake only to make use of the interface supplied for that purpose by the Provider.
The Provider hereby grants you permission to make one copy only of the Information on the
equipment you use for gaining access to the Service, and to use and display the copy of the
Information made on that equipment for private purposes.
This is Ctrackz mobile content monthly subscription service. Once you have subscribed, you
will start receiving the hottest mobile content. You will receive maximum 7 messages a
week, each message minimum costing RM2.00. Each message contains a download link.
Content compatible with most mobile phones, but may not be compatible with iPhone.
Subscription will be active until you unsubscribe. Ctrackz is not affiliated with, sponsored by
or endorsed by any of the listed products or retailers. All Trademarks, service marks, logos
are the property of their respective owners. Additional SMS and/or WAP charges may apply.
Age: 18+ only or under bill payer's permission.
YOU EXPRESSLY AGREE THAT:
a) THE PROVIDER DOES NOT IMPLICIT OR EXPLICIT PROVIDE ANY GUARANTEES OR WARRANTY OF
ANY NATURE WHATEVER, INCLUDING BUT NOT LIMITED TO IMPLICIT GUARANTEES WITH REGARD
TO SALABILITY, SUITABILITY FOR A SPECIFIC PURPOSE AND/OR INFRINGEMENT;
b) THE PROVIDER DOES NOT WARRANT THAT (1) THE QUALITY OF THE PRODUCTS, SERVICES,
INFORMATION OR ANY OTHER MATERIAL PURCHASED OR ACQUIRED BY YOU VIA THE SERVICE
MEETS YOUR EXPECTATIONS, (2) THE RESULTS ACHIEVED BY USING THE SERVICE ARE CORRECT OR
RELIABLE, AND (3) ERRORS IN THE SOFTWARE WILL BE CORRECTED;
c) YOU USE THE SERVICE AT YOUR OWN RISK TO OBTAIN OR DOWNLOAD MATERIAL IN ANY WAY
WHATEVER, AND THAT YOU ALONE BEAR RESPONSIBILITY FOR ANY DAMAGE TO OR LOSS OF
INFORMATION OCCURRING AS A RESULT OF DOWNLOADING OR USING THE MATERIAL;
d) NO GUARANTEE, WARRANTY, REPRESENTATION THAT IS NOT EXPRESSLY INCLUDED IN THE
GENERAL TERMS AND CONDITIONS IS APPLICABLE TO EITHER WRITTEN OR ORAL INFORMATION,
HINTS OR ADVICE THAT YOU OBTAIN FROM THE PROVIDER OR VIA/FROM THE SERVICE
14. LIMITATION OF LIABILITY.
YOU AGREE THAT THE PROVIDER IS NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, UNUSUAL OR CONSEQUENTIAL DAMAGE OR LOSSES INCLUDING FOR LOSS OF
BUSINESS CONTRACTS, PROFITS, GOODWILL, LOSS OF DATA HOWEVER THESE MAY ARISE
OR ARISING FROM (1) THE USE OF THE SERVICE OR THE INABILITY TO USE THE SERVICE; (2)
THE COSTS OF SUPPLYING REPLACEMENT GOODS AND SERVICES AS A CONSEQUENCE OF
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR ACQUIRED VIA OR FROM THE
SERVICE, OR AS A CONSEQUENCE OF REPORTS RECEIVED OR TRANSACTIONS EFFECTED; (3)
UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR MESSAGES OR INFORMATION; (4)
STATEMENTS OR CONDUCT OF THIRD PARTIES ON THE SERVICE, OR (5) ANY AND ALL OTHER
MATTERS IN CONNECTION WITH THE SERVICE. YOU SHALL NOT USE THE SERVICE IN ANY
CASE WHERE DAMAGE OR INJURY TO PERSON, PROPERTY OR BUSINESS MAY OCCUR IF ANY
ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
You agree that without prior permission from the Provider, you will not use or display in any
manner whatever the trade names, trademarks, word trademarks, pictorial trademarks or
logos used in connection with the Service.
16. GENERAL INFORMATION.
These General Terms and Conditions take the place of all previous agreements between you
and the Provider. If you use any additional service, material or software from third parties,
additional General Terms and Conditions may be applicable to you. European law is
applicable to the relationship between you and the Provider, regardless of any provisions of
applicable international law. Disputes will be submitted to your national competent court.
Any failure by the Provider to exercise or invoke certain rights or stipulations laid down in
the General Terms and Conditions in no way constitutes a waiver or renunciation of those
rights or stipulations. If a court of competent jurisdiction is of the opinion that any
stipulation in the General Terms and Conditions is not applicable, the parties nevertheless
agree that the court must attempt to satisfy the wishes of the parties reflected by that
stipulation, while the other stipulations of the General Terms and Conditions remain
The Provider currently supplies you as a user access to an extensive collection of on-line and
mobile entertainment and information via on-line and SMS, GPRS and 3G services,
hereinafter to be referred to as the Service. Unless expressly stipulated otherwise, the
constituting any expansion to or improvement of the Service, including the release of new
functions by the Provider. The Provider respects your privacy in your use of our Services. We
see to it that your personal information is always handled with care. We obviously observe
the legal requirements imposed by the English Data Protection Act and, in the near future,
the new Personal Data Protection Act. Your information is included in the Provider's Users'
Records. At the time of registration, we enter your essential information in the Provider's
Personal Registration System. This is the information you are required to supply in order to
have access to the use of the Se rvices and to receive prizes, and includes your given name,
family name, sex, age and telephone number (mobile). Your personal information will not
be disclosed or passed on to others unless if it is expressly set out in this General Terms and
The Provider will start the subscription service once the user has given permission to do so.
You give the Provider permission if you text in the keyword of the service to the short
number of the Provider. You will then receive a confirmation message confirming your
subscription status and the service starts. In the case of a ringtone service you may be asked
to text the type of phone you are using, before the service starts. If you fail to do so, you will
be placed in the phones generic user group. Providers contact information will be provided
to you, so that you may stop the service at any time.
Provider gives you the possibility of interrupting the flow of information received via SMS.
Generally, information received via SMS can be interrupted by sending an SMS message
starting with STOP followed by a space and then the keyword i.e. your entry code. You can
send this message to the short number you used for entry to the subscription.
20. SECURITY AND PROTECTION.
The infrastructure and programmes are constructed and protected in such a way that it can
be reasonably assumed that unauthorized persons cannot gain access to any information
about users. Please refer to our General Terms and Conditions regarding liability of the
Provider. Acceptance of this policy means the Provider:
- may use the information or a combination of it to execute the agreement between you and
Provider, and to allow you the best possible use of the Provider's website;
- may re-use the information communicated by you on the site or via SMS;
- can inform you about offers, discounts, new developments and additional services offered by the
- may process the information in connection with the formation or maintenance of a direct
relationship between the Provider and/or enterprises selected by it and you for the purpose of
recruitment for commercial or charity.
The Provider may anonymize that information and use it or offer it to third parties in
anonymous form. Your acceptance of this policy By using the Service of the Provider you
this, do not make use of our Service. We reserve the right at any moment to change,
therefore advise you to read these pages regularly.