Terms and Conditions
Ooredoo / Vodafone: 10 QAR/week VAT Incl. Subscribers can have access to a variety of games. How to unsubscribe? For Ooredo user to cancel send UNSUB GP1 to 92027. For Vodafone user to cancel send STOP CGW to 97710. Subscription would be renewed automatically until you unsubscribe. To make use of this service, you must be more than 18 years old or have received permission from your parents or person who is authorized to pay your bill. The service operates according to the internatio\nal code of conduct for SMS services. Additional data charges may apply. For help, please contact qa@gamepadplay.com.
1.1 The general terms and conditions stated below (“Terms & Conditions”) apply to and are part of
all offers and transactions under (digital) services offered (online) by Gamepad via the network of
any mobile communication provider (“Operator”) with whom the End-user has a subscription (“Mobile
Subscription”) or a Prepaid-agreement, irrespective of whether or not these services are further
described in these Terms & Conditions. The (digital) services offered (online) by Gamepad
includes games or similar services that can be played unlimited on http://p.gamepad.com/za
(“Gamepad Services”) that are supplied via Operator’s network by means of Short Message Services
(“SMS”), General Packet Radio Services (“GPRS”), Third Generation Services (“3G”), WAP or other means.
1.2 No departures from these Terms & Conditions shall apply except with the prior express consent in
writing from Gamepad for the specific agreement.
2.1 The End-user requests the Gamepad service(s) from Gamepad. These will be delivered by Gamepad and the network of the Operator to the End-user.
3.1 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 two wap-push messages containing content or a link to the portal.
3.2 This is an ongoing subscription, the subscriber will continue to be a registered subscriber until
he/she unsubscribes.
3.3 The subscriber need 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, employers before subscribing and/ or participating in the service. By subscribing
and/or participating in the service, Gamepad presumes that subscriber has obtained the necessary
permission, consent or approval from the payer of the mobile bill, guardian or parents.
3.4 A subscriber can unsubscribe by sending a stop-message to the short code. For Ooredo user to cancel send UNSUB GP1 to 92027. For Vodafone user to cancel send STOP CGW to 97710.
4.1 To subscribe to the Gamepad service, please subscribe via Internet or via SMS. Via SMS, if you
come across one of the Gamepad-promotions on television you can subscribe by sending an SMS with the
designated keyword to a shortcode. (SMS YES to 43524). Via Internet you can fill in your mobile phone
number on the Gamepad landings pages.
4.2 After subscription via SMS, Gamepad clients will receive a confirmation message about the
successful registration. Subsequently, the first URL to the content will be sent. Gamepad clients
subscribed by Internet will receive a confirmation message which they first have to confirm. After a
successful confirmation the first content would be sent to subscriber. (The Confirmation messages are
free of charge).
5.1 Termination of the Gamepad Service may take place solely as stated on the Website.
5.2 The Gamepad 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. Gamepad may immediately terminate all
Gamepad 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) Gamepad (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 Gamepad service is
unlawful or impractical; or (d) the subscriber use of the Gamepad service impairs or threatens to
impair the integrity or functionality of the Gamepad network in any manner.
5.3 Gamepad shall accept no liability towards the subscriber and/or third parties resulting from
termination or cancellation of the Gamepad Service(s).
6.1 You are aware and agree that the content and software used in connection with the Service, hereinafter to be referred to as the Software, contain confidential information that is protected by valid and applicable intellectual property rights. Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service (“Intellectual Property Rights”) are owned by Provider or its licensors, and you agree to make no claim of interest in or ownership of any such Intellectual Property Rights. You acknowledge that no title to the Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in these Terms and conditions. “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You acknowledge that all marks that appear throughout the Software and Sites belong to Provider, or the respective owners of such marks, and are protected by domestic and international trademark and copyright laws. Any use of any of the marks appearing throughout the Software and Sites without the express written consent of Provider or the owner of the mark, as appropriate, is strictly prohibited. ‘Gamepad’ is a trademark of Provider. Further you are aware of and agree that data in advertisements from advertisers and/or sponsors or information provided to you via the Service is subject to copyright, trademarks, brand names, patents or other property rights and laws. You guarantee that you will not amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products partially or entirely derived from the Service or the Software except in the event that Provider has given you explicit written permission to do so. Provider hereby grants you, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable and non-assignable license and permission to install the Software and download the content, to use the working code of its Software to use the Service on a designated compatible mobile device solely for your own personal non-commercial use and to use the Software and the Sites solely in accordance with these Terms and conditions, as long as you do not copy, alter or amend any Software, source codes or content, reproduce, modify, perform, transfer, distribute, sell, resell, create a derived product or content from those, reverse engineer or reverse assembly those, or otherwise attempt to find a source code (nor allow third parties to do so), use or make available the Software and content except as expressly provided in these Terms and conditions and provided you do not sell any rights related to the content, the Software and the Intellectual Property Rights, code those, issue sub-licences for those, encumber those with security rights or otherwise transfer those. You guarantee that you will not amend the content, the Software and Intellectual Property Rights in any way or use amended versions of the Software and Intellectual Property Rights, including (but not limited to) in order to gain unauthorized access to the Service. You guarantee that you will only use the interface provided by the Provider in order to access the Service. Provider herewith grants permission to make only one copy of the Information on the equipment you use for gaining access to the Service and to use and display the copy of the Registered Information made on that equipment for private purposes.
7.1 The provider, its directors, managers, employees, suppliers, representatives and agents (“providing
parties”) do not accept any liability for damage caused by any use you make of the service, the content,
the software and sites. You understand and explicitly agree that:
7.2 The service, content, software and sites are provided on an “as is” basis and an “as available”
basis, without any guarantee whatsoever. Insofar and to the extent it is legally permitted, the
providing parties explicitly waive any liability, be it explicit, implicit, statutory or otherwise, in
relation to the service, content, software and the sites, including but not limited to the implicit
guarantee of the property right, the saleability, the suitability for a particular purpose and the
non-violation of property rights;
7.3 The providing parties do not accept any liability in relation to the safety, reliability, timeliness
and compliance with the service, content, software and the sites. The providing parties do not guarantee
that the service, content, software and sites will meet your expectations or that the service, the
content provided, the software and sites will not be interrupted or be free of errors;
7.4 Recommendations or information which you may receive verbally, in writing or through our services,
do not create any guarantee that is not explicitly recorded in the current terms and conditions. You
should not rely on that information or on those recommendations;
7.5 You acknowledge and agree that you are downloading and/or using the service, the content, software
and sites at your own will and at your own risk and that you are the only liable party for any damage to
your computer system, mobile phone or for the loss of data as a result of downloading or using the
content, this software and sites;
8.1 Under no circumstance whatsoever, including negligence, will the providing parties be liable to you or to a third party for any damage, including but not limited to, direct, indirect, additional, extraordinary, moral, supplementary, legal liability or consequential losses (including damage due to loss of commercial income, stoppage of operations, loss of company information etc.) As a result of any use, abuse or inability to use the service, its content, software and sites, also in the event the authorized representative of the provider has been informed of the possibility that the damages might occur (including damages incurred by third parties). In some countries, limiting or excluding liability for supplementary or consequential damages is prohibited, so the aforementioned limitation or exclusion may not apply to you. In no event will the total liability of the providing parties to you for damages, losses and legal claims (arising from a contract or from an illegal act [including negligence] or otherwise) exceed the amount that you paid to register for the service, the content, the software and the sites.
9.1 In order to supply Gamepad Services to the subscribers, Gamepad gathers and processes (i.e.:
gathers, saves, views, provides to third parties, organizes and links together) certain personal and
traffic data about the subscribers.
9.2 Gamepad shall process the data of the subscribers solely as described in its privacy statement,
which may be viewed and downloaded from the Website. At all times, Gamepad shall process subscribers
information in full compliance with the applicable privacy laws and regulations. As a global company,
Gamepad and its affiliated companies increasingly go beyond the boarder of one country.
9.3 Gamepad reserves the right to use the mobile phone number and e-mail address of the subscribers
for promotional purposes.
10.1 The use of the Gamepad Services, the Agreement and the Website are subject to the laws of the
country in which the campaign takes place. The failure of Gamepad to exercise or enforce any rights
or provisions of the Terms & Conditions shall not constitute a waiver of such rights or provision.
If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties
intention as reflected in the provisions to the fullest extent permitted by the law and other provisions
of the Terms and Conditions remains in full force.
10.2 Any and all disputes shall be resolved before a competent court in the country in which the
campaign takes place
11.1 Gamepad reserves the right to change these Terms and Conditions from time to time. Changes shall
be notified to subscribers by posting on the Gamepad Website. Changes in this manner shall be deemed
to have been accepted if subscribers continue to use or download the Gamepad Services after a period
of date stated on which it will be implemented.
11.2 Gamepad reserves the right to replace any item with other substitutes at similar value without
prior notice. 1
11.3 Please contact Gamepad via za@ninjasplay.co.za.