Article 1 - Applicability

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 R&D Media 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 R&D Media may include (but are not limited to) games, text messages, sound and/or image files and/or similar services (“Zemgo 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 R&D Media for the specific agreement.

Article 2 - Delivery Zemgo service

2.1 The End-user requests the Zemgo service(s) from R&D Media. These will be delivered by R&D Media and the network of the Operator to the End-user.

Article 3 – Terms & Conditions

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 an SMS with a puzzle/question that needs to be solved. The subscriber may scores points by answering the puzzle/ question correctly. The subscriber with the highest score at the end of the term of the promotion will win the prize, or will have the opportunity to buy the prize for the communicated amount of money. If, at the end of the term of the promotion, multiple subscribers have reached the same number of points, the total number of questions answered incorrectly will be checked. The subscriber with the least incorrect answers will win. If still no distinction can be made, an open question will be asked. The subscriber who approaches the right answers most closely will win. If necessary this will be repeated until there is a winner.

The subscriber will receive a maximum of one message daily with an overview of the total number of points scored until then, and a new puzzle/question. At that moment, the subscriber can decide whether or not he/she would like to collect more points by solving the puzzle/question sent to him/her and upon answering and thereafter if subscriber continue to answer the puzzle/question sent, the service system will continuously send additional questions each time subscriber answer the previous questions. In the event no question is answered by subscriber, no additional question will be sent to subscriber on the same day. The subscriber will decide how many questions he/she answers. At the end of the promotion, the subscriber with the highest score will be contacted by R&D Media. This score should be at least 1000 points.

3.2 The subscriber will continue to be registered subscriber even after the end of the term of the promotion he/ she has subscribed 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, R&D Media presumes that subscriber has obtained the necessary permission, consent or approval from the payer of the mobile bill, guardian or parents.

3.4 The costs for using the Zemgo service are mentioned on this website under ‘F.A.Q.’

3.5 At the end of the specific term of a particular promotion, the subscriber with the highest point will be the winner subject to other terms and conditions herein. At the end of term for the promotion , the winner list will be uploaded on this website, please check the winner list under “products and prizes”. The results are final and no correspondence will entertained. Within 5 workdays after the closing of the promotion, the winner will be personally contacted via the mobile number used to subscribed to the service. The winner will be called during 1 week, twice a day. If the phone is not answered, no claims can be made to the prize. In case the winner cannot be reached, another user will be called, which will be the person with the next best score.

3.6 This service is a subscription service. It will continue until the customer will unsubscribe. The customer will automatically enter the next promotion upon the expiry of the previous promotion.

3.7 A subscriber can unsubscribe by sending a stop-message to the short code (E.g. SMS <STOP> to <short code>). For the exact details, please check the conditions or F.A.Q. on the website. Another way to unsubscribe is to contact our customer service, by telephone or e-mail. Always mention the mobile phone number. The contact data can be found on the website in ‘Contact’. 

Article 4 – How to play

4.1 To subscribe to the Zemgo service, please subscribe via Internet or via SMS. Via SMS, if you come across one of the Zemgo-promotions on television you can subscribe by sending an SMS with the designated keyword to a shortcode. (e.g. SMS <Sale> to <short code>). Via Internet you can fill in your mobile phone number on the Zemgo landings pages.

4.2 After subscription via SMS, Zemgo clients will receive a confirmation message about the successful registration. Subsequently, the first puzzle/ question would be sent. Zemgo clients subscribed by Internet will receive a confirmation message which they first have to confirm. After a successful confirmation the first puzzle/ question would be sent to subscriber. (The Confirmation messages are free of charge).

4.3 Subscriber may choose to answer the puzzle/question. Only correct answers would score points. Incorrect answer will not accumulate points. Upon answering the puzzle/ question, the service system will continuously send additional questions each time you answer the previous questions. In the event no question is answered by you, no additional question will be sent to you on the same day. As part of the Zemgo service, and besides winning the regular prizes, the Subscriber can also play for a chance at buying a product. This ‘sale’ variant works as follows: in the advertisement, a product is shown with a reduced price. At the end of the term, the player with the highest score is allowed to buy the product for the price stated in the advertisement

Article 5 – Prizes

A number of different prizes could be won on Zemgo. It varies from products to cash prizes. Furthermore, the participants may be transborder. This means that residents of different countries may have a chance at winning the same prize offered under the particular promotion. R&D Media reserves the right to offer cash as an alternative to replace any of the prizes in whole or in part. If replaced by cash, the prize will be one of equal or greater value. The prize must be accepted as offered, and is not transferable or severable.

If a campaign has less than 50 participants at the time the period of the campaign has expired, the organizer of the Zemgo campaigns maintain the right to change the promotional price in a promotional price of at least equal value.

All won prizes will be delivered at the subscriber’s address within 2 months. subject to subscriber providing R&D Media a valid address  or in case of a cash prize, credited to an appointed account number after being provided with the account number of the winner. All postage/ courier or banking charges will be bore by the winner.

The coverage of the promotion will be mentioned under ‘products and prizes’. R&D Media reserves the right to utilize all winner’s images/photograph, name and area of residence for all future promotion, publicity or marketing purpose without getting prior consent or notice nor paying the winner(s).

Article 6 - Costs

6.1 Offers or statements mentioned in advertisements or on www.zemgo.com (“Website”) are without engagement unless it is expressly stated in writing otherwise.

6.2 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 F.A.Q.

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. The rates for using the service can be found in this website under ‘products and services’. 

6.3 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 R&D Media’s service. By mutual consent it is furthermore possible to arrange payment of the charges by an alternative means (for example credit card).

Article 7 – Price changes

7.1 R&D Media 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 R&D Media’s services after the date on which the price change is to be implemented.

Article 8 – Termination and unsubscription

8.1 Termination of the Zemgo Service may take place solely as stated on the Website.

8.2 The Zemgo 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. R&D Media may immediately terminate all Zemgo 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) R&D Media (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 Zemgo service is unlawful or impractical; or (d) the subscriber use of the Zemgo’s service impairs or threatens to impair the integrity or functionality of the R&D Media network in any manner.  

8.3 R&D Media shall accept no liability towards the subscriber and/or third parties resulting from termination or cancellation of the Zemgo Service(s).

Article 9 – Intellectual property

9.1 Except where stated otherwise in these Terms and Conditions, all patent, author, brand, drawings, model rights and/or other (intellectual) property rights with regard to Zemgo services and/or the Website belong to R&D Media, their distributor, or it’s supplier.

9.2 R&D Media hereby grants subscribers with a limited, non-exclusive, non-transferable, and revocable right of use for the download, and/or viewing of Zemgo Service(s).

9.3 Unless expressly stated otherwise by R&D Media, the subscribers is expressly forbidden to reproduce, modify, reverse engineer, rent, lease, loan, transmit, duplicate, execute, transfer, distribute, sell, resell, create derived products from or use in any other way the downloaded or received Zemgo Services in whole or in part, other than in the ways and for the purposes expressly consented to in writing by R&D Media.

9.4 The subscriber indemnifies and hold harmless R&D Media its officers, directors, employees, suppliers and any third party information provider and accepts liability to R&D Media its officers, directors, employees, suppliers and any third party information provider for the consequences of breaches of intellectual property rights of R&D Media or third parties, , violation of this Terms and Conditions or the Games Terms and Conditions arising from unauthorized use of Zemgo services or conduct on the Website.

Article 10 - Liability

10.1 The use of the Zemgo Services and Website of R&D Media takes place at the subscriber’s own risk. Subscriber must provide all compatible mobile phone, hardware or other devices and software and ensure that they are in working order and suitable for the Zemgo services.  R&D Media cannot guarantee that the Zemgo services meet the requirements of the subscriber nor that the download, receipt and/or viewing of the Zemgo services shall be free of interruption or errors.

10.2 The subscribers acknowledges that mobile telecommunication services, such as the Zemgo services, are subject to the ability to establish and/or maintain a connection, that the quality of the connection may not be equivalent or sufficient at every place and time, and that the Zemgo Services can be negatively influenced or temporarily unavailable due to disturbances caused by physical factors (tunnels, mountains, buildings, etc.), or by modifications or maintenance to the Operator's network.

10.3 If at any time the subscribers is unable to make uninterrupted use of the Zemgo Services, this shall in no way lead to any right to reduction of the charges for the Zemgo Services nor to any right to restitution of payments previously paid.

10.4 Any subscription or download of the Zemgo services are at the subscriber own discretion and risk and that under no circumstances shall R&D Media be held liable for damage of any kind, including but not limited to infections or contamination or loss of data or damage(s) of the subscribers’ hardware and/or software resulting from access to the Website or use of the Zemgo services or downloaded Zemgo services, including the hardware and software required to connect to the Zemgo services. It is the responsibility of the subscribers to take the necessary measures to avoid potential damage of this nature.

10.5 In the event that R&D Media for any reason whatever is held liable to compensate the subscribers for direct or consequential damage of any kind, such compensation shall on no account exceed the invoice value of the Zemgo Services paid by the subscriber for the alleged damage.

10.6 The contents of the Website have been compiled with the greatest care. However, R&D Media cannot provide any guarantee as to the nature, accuracy or content of this information. R&D Media shall not be held liable for any errors, omissions, inaccuracies, misunderstandings, delays or illegible orders or notifications pursuant to the use of the Internet, or the applicable information point.

10.7 The subscriber shall not send infected and/or contaminated, unlawful, harmful, threatening, vulgar, defamatory, tortuous, invasive of other’s privacy or otherwise objectionable messages to R&D Media, and indemnifies R&D Media against any damages direct or consequential pursuant to the sending of such messages.

Article 11 – Processing of data

11.1 In order to supply Zemgo Services to the subscribers, R & D Media gathers and processes (i.e.: gathers, saves, views, provides to third parties, organizes and links together) certain personal and traffic data about the subscribers.

11.2 R&D Media 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, R&D Media shall process subscribers information in full compliance with the applicable privacy laws and regulations. As a global company, R&D Media and its affiliated companies increasingly go beyond the boarder of one country.

1. 11.3 R&D Media reserves the right to use the mobile phone number and e-mail address of the subscribers for promotional purposes.

2. Article 12 – Legal choice

3. 12.1 The use of the Zemgo Services, the Agreement and the Website are subject to the laws of the country in which the campaign takes place. The failure of R&D Media 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 endeavour 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.  

4. 12.2 Any and all disputes shall be resolved before a competent court in the country in which the campaign takes place
   
   Article 13 – Final provision
   
   13.1 These Terms & Conditions are available for viewing at R&D Media, and a copy will be provided free of charge upon request.

13.2 R&D Media reserves the right to change these Terms and Conditions from time to time. Changes shall be notified to subscribers by posting on the R&D Media Website. Changes in this manner shall be deemed to have been accepted if subscribers continue to use or download the Zemgo Services after a period of date stated on which it will be implemented.
13.3 R&D Media reserve the right to replace any item with other substitutes at similar value without prior notice.

13.4 R&D Media has its registered offices in Amsterdam, where it is registered with the Chamber of Commerce under number 34233120. Please send all correspondence regarding the Zemgo Services or these Terms & Conditions to R&D Media Europe B.V. at the Max Euweplein 32 (1017 MB) Amsterdam, or e-mail to uk@zemgo.com or you can call 0203 318 8579 (Free of charge).