General terms and conditions

TWO Ventures General terms and conditions
Last Modified: 22 November 2020

Article 1 – Introduction

1.1. The web-domain (‘Website’) is operated by TWO Ventures BV (‘TWO Ventures’ which includes any of its subsidiaries), having its registered office in the Netherlands. Chamber of Commerce Number: 77792297. These terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purposes of these terms.

1.2. These General Terms and Conditions, together with the ’Privacy Policy’, ‘Promotional Terms and Conditions’ (which shall together be referred to as these ‘Terms and Conditions’) are available on the website at (the ‘Website’), govern use by customers of the Website and also apply to and form part of all offers for the digital and other services made by TWO Ventures for delivery via the networks of mobile communication operator (‘the Operator’), for which the customer has taken out a subscription (‘Mobile Subscription’) or other mobile service. The digital and other services provided online by Two Ventures include games and text messages that are delivered via an Operator’s network, inter alia by Short Message Services (‘SMS’), General Packet Radio Services (‘GPRS’) and/or Fourth Generation Services (‘4G’) to a customer’s mobile telephone (which shall together be referred to as a ‘Message’). The Content Services are offered either as individual downloads, or, in the case of a Mobile Subscription as a bundle of credits which can be used to access a set number of downloads.

1.3. The Terms and Conditions apply to a customer as soon as they use the Website or start to engage with a Mobile Subscription and doing so implies that the customer accepts and agrees to be bound by the Terms and Conditions.

1.4 Two Ventures may vary the Terms and Conditions from time to time by giving reasonable notice to the customer and/or making the varied Terms and Conditions available on the Website. The customer’s continued use of the Website and/or Mobile Subscription or any other mobile service indicates that the customer accepts and agrees to be bound by the varied Terms and Conditions. Customers that do not agree with the Terms and Conditions should not use the Website or a Mobile Subscription or any other mobile service.

Article 2– Costs

2.1. The costs (‘the Costs’) for (i) Mobile Subscriptions and (ii) one-off orders will be charged by the Operator, or, in case of a bank payment debited from the customer’s credit or debit card. The customer gives express authorization for this purpose and warrants that the Costs can be collected in this manner. If you buy digital content such as items, games, as part of your mobile subscription, you waive an automatic statutory right of withdrawal and our standard refund rules apply. As an owner, you can cancel your subscription anytime. Cancellation goes into effect at the end of your current trial or pre-paid period. Where applicable. You will have full access until then. We do not refund dues already paid. Once effective, you will be graded to the appropriate access. To substantiate that access grade, we request you to provide us with the following information:
• his/her e-mail address, telephone number and e-mail address, where needed;
• a description of the request or any other remark which may be relevant.
• Information that refund transactions have to go through the credit card networks, which may take several days to see the credit returned to your account.

2.2 Costs can be charged for every Message that is sent or received by the customer, either per Mobile Subscription or as one-off payments, depending on the type of Message and the customer’s agreed terms with the applicable Operator. For example, the standard costs for sending SMSs as indicated by the Operator is applicable to all SMSs that are sent and received pursuant to the Content Service and/or Mobile Subscription (and in addition to the costs charged to access the Content Services or under the Mobile Subscription). A one-off registration charge may also apply for subscription to a Mobile Subscription. More information about the rates and payment method for the use of the service in a particular country can be found under the FAQs and/or the specified Users’ Terms and Conditions.

Article3 – Price Adjustments

3.1. TWO Ventures may implement price adjustments for access to the Services in which case Two Ventures will give notice on the Website. Existing customers will also receive notice by SMS (at no cost) one month before the price adjustment. If customers continue using the services of Two Ventures or register a Mobile Subscription or other mobile service after the date on which the price alteration is introduced, the alterations will be regarded as accepted. A customer that does not accept the new costs may cancel the Mobile Subscription or account.

3.2 Note, this service starts immediately by following the user instructions to join the service, and by joining you consent and agree to waive your rights to the cancellation period of 14 days.

Article 4 – Termination and Cancellation

4.1 The methods of terminating the delivery of the Service are stated under the specified Users’ Terms and Conditions. The Service can only be terminated in the manner as set out in the specified Users’ Terms and Conditions.

4.2 The customer’s Mobile Subscription will only be terminated, if he or she receives an SMS confirming the termination.

4.3 Two Ventures may immediately terminate the provision of Services if:
(a) the customer does not pay within the period applied by the Operator; or
(b) TWO Ventures: (i) aas reason to believe that the customer is acting or has acted in breach of the Terms and Conditions; or (ii) has expressly been asked by the Operator to do so; or
(c) Laws, rules, guidelines or government action makes the service fully or partially unlawful or impractical; or
(d) The customer adversely affects or threatens to adversely affect the integrity or functionality of TWO Ventures’ network, or the provision of the Service or Mobile Subscription in any way.

4.4 TWO Ventures bears no liability, to the extent permitted by law, to the customer and/or third parties in connection with the termination or cancellation of delivery of the Service.

Article 5 – Intellectual property and use

5.1 All right, title and interest including copyright, patents, trademarks, drawings, models and/or other intellectual property in or to the Services and/or the Website are owned by TWO Ventures (or its related entities, suppliers or licensors).

5.2 While you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else.

5.3 Unless TWO Ventures explicitly states otherwise, the customer is not permitted to reproduce, change, execute, transfer, distribute, sell, use for derived products, modify, copy, display, republish, license, communicate, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or in any other way use content on the Website or the (mobile) Services or any element of the intellectual property therein, without TWO Ventures’ prior written consent for this purpose.

5.4 The customer hereby indemnifies and will continue to indemnify TWO Ventures and its directors, employees, suppliers and licensors against all damages, actions, claims, demands, liabilities and costs (including legal costs) arising brought against, suffered or incurred by them as a result of the breach or non-observance by the customer of its obligations, undertakings or warranties in these Terms & Conditions including due to an infringement of intellectual property of TWO Ventures or third parties, in breach of the Terms & Conditions, or otherwise arising from the unauthorized use of the Website or the Services.

5.5. Our Games may include virtual points such as Red and Gold tickets, items or services for use with our games, riddles or quizzes or paid subscriptions or other mobile services. To benefit from or use the Services you may first have to reach a certain level or progress to a certain point. You agree that once purchased Service (e.g. Subscriptions) have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that the Services and/or Subscriptions are not transferrable to anyone else and you will not transfer or attempt to transfer any Services and/or Subscriptions to anyone else.

Article 6– Liability

6.1. Use of the Services and the Website is at the customer’s sole risk. While TWO Ventures strives for the undisrupted provision of the Website and Content Services, TWO Ventures makes no representations or warranties that the Website or Services will meet the customer’s requirements or that downloading, receiving and/or consulting the Website or Services will remain undisrupted or error-free.

6.2 The customer recognizes in connection with mobile telecommunication services that the ability to make a connection, maintain a connection and the quality of a connection is not the same or adequate at every time and place and that the Services may be adversely affected or become temporarily unavailable because of interference caused by physical factors (tunnels, mountains, buildings, etc.), adaptations or maintenance to the Operator’s network.

6.3 If the customer is unable to enjoy undisrupted use of the Services at any time due to a failure in accessing or using a mobile communications network, this will not entitle him or her to a price reduction or to a refund.

6.4 To the fullest extent permitted by law, TWO Ventures disclaims all warranties of any kind and all liability for damage, such as but not limited to the infection or corruption of the hardware and/or software used by the customer, resulting from access to the Website or the use of the Services, which includes the downloaded Services and the hardware and software needed to make a connection. The customer must take his or her own measures to avoid such incidents.

6.5 The content of the Website has been compiled with the greatest care. However, TWO Ventures can give no guarantees as to the nature or accuracy of that content. TWO Ventures is not liable for any errors, inaccuracies, misunderstandings, delays or unclear transmissions of orders and statements due to the use of the Internet, or for the content on the Website.

6.6 The customer may not send any Messages (or use the Website to transmit or post any message, information, software, images or other materials)) that are infected and/or corrupted, unlawful, harmful, threatening, vulgar, degrading, defamatory, hateful, or that infringe privacy or which are objectionable in any other way by way of the Content Service or the Website.

6.7 The customer must be at least 18 years old in order to use the Services or subscribe to a Mobile Subscription. If the customer is not responsible for paying the mobile telephone account issued by the Operator or is younger than 18, we require consent from the party who pays the mobile telephone account (your parents, guardian, employer, etc.) before the customer may register and/or participate in the Service or Mobile Subscription. By registering and/or participating in the Service or a Mobile Subscription, TWO Ventures assumes that the customer has obtained the necessary consent, agreement or approval from the payer of the mobile telephone account, guardian, parents, etc.

6.8 The Website may contain links or other connections to websites operated by parties other than TWO Ventures. The provision of such links does not imply any endorsement of the material on them, or any association between TWO Ventures and their owners and operators. The links are provided for convenience only and any customer who uses a link does so entirely at its own risk

6.9 Save as expressly provided in these Terms and Conditions:
(a) all conditions, warranties or consumer guarantees as to the quality of the Content Services or any other matter are hereby expressly excluded to the fullest extent permitted by consumer law; and
(b) TWO Ventures accepts no liability for any loss, damage, cost, loss of profits, anticipated savings, wasted expenditure, goodwill or any type of special, indirect or consequential loss (“Loss”) whether suffered by the customer or by any third party and whether or not TWO Ventures was aware that such Loss was possible or such Loss was otherwise foreseeable, whether such Loss arises from any representation, recommendation or advice made or given in relation to the Mobile Subscriptions, or the failure by TWO Ventures to observe and fulfil its obligations under these Terms and Conditions or otherwise;

Article 7 – Data Processing

7.1 TWO Ventures gathers and processes personal information and traffic data of the customer.

7.2 TWO Ventures will only process the customer’s data in accordance with its Privacy Policy, which can be viewed and downloaded on the Website. TWO Ventures observes the relevant privacy laws and regulations in this regard. As an international company, TWO Ventures and its affiliated companies work increasingly beyond the borders of a single country.