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GSMA App – End User License Agreement (EULA)

GSMA App – End User License Agreement (EULA)

  1. GENERAL INFORMATION

The GSMA Mobile Application “GSMA App” is the GSMA’s online portal for GSMA members to interact with the GSMA and each other.

1.1       The GSMA App will be run and operated by the GSM Association, a trade association with its principal headquarters are located at 1 Angel Lane, London EC4R 3AB, United Kingdom (“GSMA“, “us“, “we” or “our“).

1.2       Any reference in these Terms to “you”/”your” means you, the user of the GSMA App.

1.3       We reserve the right to change or update these Terms from time to time.  Where practicable, we will endeavour to alert you to key changes via notification. However it is your responsibility to periodically review these Terms and your continued use of the GSMA App shall constitute your acceptance of any changes or updates to these Terms.

  1. ACCEPTANCE OF THE AGREEMENT

2.1       Please read these Terms carefully before accessing and/or using the GSMA App.  By accessing or using any part of the GSMA App, you agree to be bound by these Terms. We recommend that you keep a copy of these Terms for future reference. These Terms are only available in the English language.

2.2       These Terms of Use, together with the following GSMA policies (as such are amended from time to time) GSMA Cookie Policy, GSMA Privacy Policy, GSMA Anti-trust Policy, GSMA Code of Conduct for GSMA Participants and, together with any written notices, links, user warnings or pop-ups, constitute the entire agreement between You and GSMA and shall be referred to collectively as the, “Agreement“.

2.3       By accessing the GSMA App, You confirm that You have read and understand all of the above referenced documents and that You agree to the terms and conditions of the Agreement.

2.4       If You are uncertain about any of the provisions of the Agreement, please email [email protected].

2.5       The GSMA may, at its sole discretion, amend, withdraw or replace any part of the Agreement at any time without any further liability to the GSMA.

2.6       By accessing the GSMA App, You are deemed to have accepted the version of the Agreement in force at the time without the need for any further consent by You.

2.7       If You do not agree to this Agreement, You will not be authorised to use the GSMA App and must not access the information or services provided by the GSMA App.

  1. MEMBER APP USE AND SERVICES

3.1       The GSMA App is free to download via the Google Play Store or the Apple App Store (as applicable).

3.2       Please note that when the GSMA App communicates with our servers, it sends and receives data that may be transferred over your mobile carrier’s cellular network. While the amount of data transferred should be small, you understand that you are responsible for any data charges according to your device’s mobile carrier and service plan.

3.3       It is your responsibility to ensure that you are able to comply with the relevant system requirements that must be met for you to be able to successfully receive and access the GSMA App

3.4       LINKS TO GSMA WEBSITES

On the GSMA App You will find:

(i) GSMA Group navigational pages;

(ii) GSMA Group pages for GSMA members to join and participate in GSMA activities;

(iii) Access to GSMA Permanent Reference Documents (“PRDs”), GSMA knowledge bases, industry

news and hot topics; and

3.5       LINKS TO THIRD PARTY WEBSITES

We may provide links to Third Party websites on the GSMA App from time to time. You acknowledge that:

  1. TERMS OF USE

4.1       Intellectual Property Rights

The GSMA App and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the GSMA, its Partners, licensors or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Except as expressly stated in the Terms of Use, any data, reports, specifications, equipment, technology, hardware, software (and related documentation), trade secrets, know-how, confidential information or processes or the like, and any other Intellectual Property Rights owned or controlled by a user of this GSMA App, shall remain the property of that Party. Each Party hereby disclaims any right, title or interest in or to the other Party’s materials and will not take any action inconsistent with or that would contest or impair the rights of the other Party.

If you use or provide any other person with access to any part of the GSMA App in breach of the Terms of Use, your right to use the GSMA App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the GSMA App or any content on the GSMA App is transferred to you, and all rights not expressly granted are reserved by the GSMA. Any use of the GSMA App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

4.2       Trademarks

The GSMA name, the GSMA logo, and all related names, logos, product and service names, designs and slogans are trademarks of the GSMA or its affiliates or licensors. You must not use such marks without the prior written permission of the GSMA. All other names, logos, product and service names, designs and slogans on this GSMA App, including those of our Partners, are the trademarks of their respective owners and must not be used without their express permission. You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

4.3       Copyright/Patent Infringement

If you believe that any Contributions violate your copyright, please send a notice of copyright infringement to [email protected]. The GSMA endeavors to investigate all allegations of copyright or patent violations. It is the policy of the GSMA to terminate the user accounts of repeat infringers.

4.4       Privacy and Data Protection

Privacy and Data Protection

Please read the GSMA Privacy Notice carefully for information on how GSMA collects, uses, shares and otherwise processes your personal data in connection with the GSMA App.

You may contact us at any time with Your views about our privacy practices, or with any enquiry relating to Your personal information, or to exercise Your data subject rights by writing to [email protected].

4.5       Disclaimer

You understand that we cannot and do not guarantee or warrant that files available for downloading from the GSMA App will be free of viruses or other destructive code. Any reliance you place on such information is strictly at your own risk. These pages do not purport to contain an all-inclusive view of all the information that may be relevant in assessing the topics contained herein. This GSMA App includes content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, other than the content directly posted by the GSMA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the GSMA. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. We may update the content on this GSMA App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the GSMA App may be out of date at any given time, and we are under no obligation to update such material. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

4.6       Warranties

THE GSMA OR IT’S PARTNERS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE GSMA NOR ANY PERSON ASSOCIATED WITH THE GSMA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE GSMA NOR ANYONE ASSOCIATED WITH THE GSMA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE GSMA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

4.7       Limitation on Liability

IN NO EVENT WILL THE GSMA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

4.8       Indemnification

YOU ASSUME ALL RISKS AND LIABILITY INHERENT IN ALL USES OF THE WEBSITE. YOU SHALL TAKE ALL NECESSARY MEASURES TO AVOID ANY DAMAGE TO GSMA OR IT’S PARTNERS. YOU ASSUME ALL RISKS AND LIABILITY INHERENT IN ALL USES OF THE SERVICE. YOU SHALL TAKE ALL NECESSARY MEASURES TO AVOID ANY DAMAGE TO GSMA. YOU SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND GSMA AND IT’S PARTNERS (INCLUDING ITS SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS), FROM AND AGAINST ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO LEGAL COSTS, REGULATORY FINES, PENALTIES AND COSTS, AND/OR EXPENSES RESULTING FROM (I) DAMAGES TO PERSONS OR PROPERTY, PERSONAL INJURY OR DEATH CAUSED BY THE NEGLIGENT OR WILFUL ACTS OR OMISSIONS OF YOU, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, OR AGENTS, ARISING IN CONNECTION WITH YOU’S USE OF THE SERVICE PROVIDED UNDER THIS AGREEMENT, (II) DIRECTLY ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM ALLEGING THAT AN APPLICATION OR SERVICE OR ANY PART THEREOF OR THE DEALING WITH ANY OF SUCH VIOLATES OR INFRINGES ANY PARTY’S OR THIRD PARTY’S PROPRIETARY OR INTELLECTUAL PROPERTY RIGHTS, (III) ANY ACTS, DUTIES AND OBLIGATIONS OR OMISSIONS OF YOU OR OF ANY PERSONNEL EMPLOYED BY, OR AGENTS OF, YOU, (IV) ANY CLAIM ARISING FROM OR OTHERWISE RELATED TO THE YOU SERVICES INCLUDING, WITHOUT LIMITATION, ANY PRODUCT LIABILITY CLAIMS, AND (V) ANY AND ALL BREACHES BY YOU OF ANY REPRESENTATIONS, WARRANTIES, COVENANTS, TERMS OR CONDITIONS ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR CONTRIBUTIONS, ANY USE OF THE WEBSITE’S CONTENT, SERVICES AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE.

4.9       Governing Law and Jurisdiction

All matters relating to the GSMA App and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the England and Wales without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the GSMA App shall be instituted exclusively in the courts of England, located in the city of London. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

4.10     Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

4.11     Waiver and Severability

No waiver by the GSMA of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the GSMA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

4.12     Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and GSMA with respect to the GSMA App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the GSMA App.

4.13     Language

This Terms of Use may be translated into one or more languages other than English. In the event of any deviation or conflict between the English version and any version translated into another language, the English version shall control and be binding on the Parties hereto.

4.14     Your Comments and Concerns

All other feedback, comments, requests for technical support and other communications relating to the GSMA App should be directed to: [email protected]