General Terms and Conditions

Welcome to PotionGames Bangladesh at www.bd.pgame.nl (“the Website”). Please read these General Terms and Conditions (‘the Terms’) carefully. If you do not agree with these Terms, you should not proceed any further on this website, with registration or with any attempt to access or use the Service covered by these Terms. Otherwise you agree to use the Service on the Terms set out in this agreement.

We may need to vary these Terms from time to time and any such changes will be undertaken in accordance with these Terms. Please check this website regularly as we will notify you here of any such changes.

The Service will be provided to you through your mobile phone network operator. The terms and conditions of your mobile phone network operator will apply likewise to the provision and charging of the Service.

1. Service Description

PotionGames Bangladesh (“Company”, “we”) gives you access to mobile games and game guides, available online and via wireless Service, through the content portal (collectively, the “Service”) for certain compatible mobile devices.

Access to the Service is made available to you subject to these Terms. Registration and payment for the Service will take place through your mobile operator network. After your operator has confirmed to us your registration and payment, you will be permitted to access the Service through compatible mobile phones and other compatible devices. Access to the Service takes place through an ongoing subscription model.

Unless otherwise expressly indicated, no information presented in the Service or in connection with the Service shall be deemed as a binding offer by Company, but as an invitation for you to order access to the Service. Company will have the right to offer the Service, as it deems best but will try to ensure that the Service are of no lesser standard than as at the date these Terms were entered into. Subject to your right to be reimbursed fees in accordance with these Terms, Company reserves the right to modify or discontinue, temporarily or permanently, the Service provided to you. If the Service is to be permanently discontinued by us we will notify you of this fact.

2. Registration and General Access to the Service

You need to be at least eighteen years old to register for any of the Service. If you are not the person responsible for paying the mobile phone or internet bill or you are under eighteen years of age, please obtain the permission of the bill payer, parents, guardian and/or employers before registering and/ or participating in the Service.

By registering and/or participating in the Service, you
(1) acknowledge and confirm that, where required, you have obtained the necessary permission, consent or approval from the bill payer, parents, guardian or employer and
(2) accept that you have been offered the opportunity to read and accept the Terms (including the terms from your mobile phone operator that apply) before registering for the Service.

If you do not agree; do not register or use the Service. When you register for and/or use the Service you acknowledge and confirm that you have accepted these Terms and that you comply with the terms that apply in your situation, as specified above. You agree that each person who requests such Service is your agent with full authority to act on your behalf with respect to such Service. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new Service, shall be subject to the Terms.

3. Obligation to Register; Personal Data

Upon your request, Company shall register you as a user and provide you with access to the Service. You are solely responsible for maintaining the confidentiality your account details. Company may need to change login details allocated to certain aspects of its Service and reserves the right to do so (you will be informed if this is necessary).

In order to guarantee safe use of the Service, as well as payment of the applicable fees, you will guarantee that at all times the personal information (hereinafter to be referred to as the ‘Personal Data’) provided on the registration form is correct and complete. If Company, in its sole discretion, believes that the Personal Data is not accurate or complete, Company 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 are responsible for maintaining the secrecy of any login details issued to you by Company, and you are fully liable for all actions carried out involving the use of your account. You undertake to contact Company if you notice or suspect that unauthorized use has been made of your account, or that security or protection of the Personal Data is no longer guaranteed for any other reason. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Company shall provide you with access to the Service without you registering as a user, such as sign-up via your mobile phone for the Service. In this case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number. You agree that such information may be collected and disclosed to Company and used in accordance with the Section “Privacy and Processing Data” of these Terms.

4. Access via the Ongoing Subscription Model

The ongoing subscription shall begin when Company, upon your request, has provided you with access to the Service. Access to the Service shall be done by providing access to the Service (e.g. to your mobile number).

Access to the Service shall remain in effect until terminated and/or cancelled by you, your mobile phone operator or Company in accordance with the terms that apply. Access to the Service of Company and independent third parties that are made available through the Service shall begin when Company or the third party has accepted your order for the same or has provided you with the Service pursuant to your order. The access will remain in effect until terminated by you or Company in accordance with the terms set out herein.

5. Charges

The fees payable to be granted access to the Service are the following:
-Grameenphone customers enjoy a 1-day free trial. After the free trial, the service costs 5 BDT + 15% VAT, SC per day and renews automatically until cancelled.
-Banglalink customers: service costs 5.05 BDT (including tax) per day and renews automatically.

The Service will be provided to you through your mobile phone network operator. The terms and conditions of your mobile phone network operator will also apply to the provision and charging of the Service.

The charges shall become due irrespective of whether or not you actually use any content; the consideration for the charges shall solely be the provision of the right to access the mobile content.

The periodic fee will be charged for every subscription period the agreement is in effect. You shall pay for access to the Service and the use thereof in accordance with the price lists in force at the time of your order via your mobile phone operator. Unless otherwise indicated, the fees will be billed by your mobile phone operator on your wireless phone bill or deducted from your prepaid balance under the terms that apply with your mobile phone operator. Additional taxes and separate fees charged for text messaging and/or data transfer may apply to your registration for and/or use of the Service under the terms with your mobile phone operator or provider All fees, including fees for existing subscription agreements, are subject to change upon notice from Company and/or your mobile phone operator. Such change will be provided you with reasonable notice. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription and/or your account effective immediately upon termination.

6. Your Responsibilities

To access the Service, you must have access to a compatible mobile device and a working internet connection via mobile data or Wi-Fi. Where applicable, you may also need the ability to receive SMS messages or use other network Service required to access certain features of the Service. You are responsible for any fees charged by your mobile network operator or internet service provider in connection with your use of the Service.

Company will not provide refunds if you access or attempt to access the Service using incompatible devices, operating systems, or network providers. For compatibility information, please refer to your device manufacturer’s or network provider’s website. You are responsible for providing all equipment and software necessary to access the Service.

The Service are for personal, non-commercial use only and may not be assigned or transferred to any other person or entity. You agree to use the Service only for lawful purposes and in a manner that does not interfere with the operation of the Service or the use of the Service by others.

7. Agreements for Service of Third Parties/Transactions with Advertisers and/or Sponsors

The Service may include content, Service, or links provided by third parties. Any use of third-party Service is subject to the applicable third party’s terms and policies, and any contract for such Service is between you and the relevant third party.

The Service may be supported by advertising or sponsored content. Where required by applicable law, we will obtain your consent before delivering direct marketing communications, including SMS or electronic marketing messages. You may withdraw your consent or object to direct marketing at any time.

We may share personal data with third-party service providers, advertising partners, or other third parties in accordance with our Privacy Policy and applicable data protection laws. We do not endorse third-party content, products, or Service and are not responsible for transactions or interactions between you and third parties.

8. Privacy and Processing Data

We collect and use your Personal Data to provide the Service described above. Please read our Privacy Policy for more information on how we collect and use information.

9. Disclaimer of Warranties and Limitation of Liabilities

Company and its directors, employees, suppliers, and agents (“Provider Parties”) are not responsible for any harm or damages that may result from your use of the Service. The Service is provided “as is” and “as available,” without any warranties of any kind. This includes, but is not limited to, warranties of title, quality, fitness for a particular purpose, non-infringement, security, reliability, or uninterrupted operation.

Any advice or information you receive from us, whether written or verbal, does not create a warranty. You use the Service, its content, software, and websites at your own risk, and you are responsible for any damage to your device or loss of data.

Except where prohibited by law, Company’s total liability to you is limited to the amount you paid for the Service. The Provider Parties are not liable for any direct or indirect damages, including loss of profits, business interruption, or other consequential losses, even if we were aware they could occur. Where the law does not allow these limits, Company’s liability will be limited to the maximum extent permitted.

10. Indemnification

You agree to indemnify and hold Company and its parents, members, subsidiaries, affiliates, service providers, contractors, agents, licensors, officers, directors, shareholders and employees, harmless from any loss, liability, claim, lawsuit or demand, including reasonable attorney's fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth in these Terms. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by Company in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.

14. Termination and Cancellation of Service; Right to withdraw

To unsubscribe from the Service, follow the instructions in the SMS received upon signup or cancel from the content portal directly. Unsubscription can also be done by sending an email to [email protected].

In the first situation the termination shall become effective immediately upon receipt of the termination request. In the latter case, cancellation shall only become effective within 48 hours upon receipt of the termination request. Charges may still appear on your wireless service provider bill the following month as it bills retrospectively. Depending on the terms that apply from your mobile phone operator deviations from the above could apply. Please carefully check the terms from your mobile phone operator.

You agree that Company, at its sole discretion, may at any time terminate your use of and/or access to the Service and remove and discard any content within such Service, (1) if Company believes that you have violated or acted inconsistently with these Terms; (2) you fail to pay the charges within the period stated in your mobile phone subscription with your operator; (3) Company is expressly requested to do so by the operator or (4) any law, regulations, directives or governmental action renders all or any portion of the Service is unlawful or impractical. You agree that Company shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account or subscription for any reason, Company will not refund any of your fees paid to date, except as explicitly provided in any of the provisions of these Terms.

11. Miscellaneous Provisions

Notices and Announcements
Except as expressly provided otherwise herein, all notices to Company shall be in writing and delivered to the following address: [email protected] or Track Mobile BV, Piet Heinkade 95B, 1019 GM Amsterdam, The Netherlands. When you access or use the Service or send SMS, e-mails or other such communications to Company, you are communicating with us electronically, thus you consent to receive communications from Company electronically. You agree that all agreements, notices, disclosures, and other communications that Company and/or your mobile phone operator provides to you electronically satisfy any legal or contractual requirements that such communications be in writing. Except as stipulated in Section ”Termination and Cancellation of Service; Right to withdraw”, notices sent by mail shall be deemed received seven days after they were sent and notices posted on the Company website or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.

Assignment
You may not assign or transfer in any other way the agreement or any of your contractual rights. Company shall have the right to assign its rights and obligations under this agreement and any receivables based on this agreement to a third party upon written notice to you, provided such assignment is made under terms not less favorable to you than those in these Terms.

Changes of Terms
You acknowledge and agree that these Terms are subject to changes by Company at any time, such changes will become effective upon posting as soon as they are posted to the website. Any use of the Service after such posting shall constitute acceptance of such changes by you. Other terms, entire agreement
These Terms are in addition to any Company or third party terms and conditions applicable to access to the Service, which may be posted in connection with such Service (‘Specific Terms’). In case of any discrepancy between the Terms and such Specific Terms, the latter shall prevail. These Terms and any other terms or documents referred to herein represent your entire agreement with Company with respect to access to and your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. The Service will be provided to you through your mobile phone network operator. The terms and conditions of your mobile phone network operator will also apply to the provision and charging of the Service.

Severability
If any part of the Terms are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Waiver
Company's failure to pursue any available claim or defense pursuant to these terms or otherwise will not be a waiver of such claim or defense. The headings used in these Terms are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.

Survival
In the event the agreement terminates as provided herein, the Sections of these Terms that due to their nature have been construed to survive, shall survive such expiration or termination.

Governing law and jurisdiction
The access to and/or your use of the website and Service and the Terms shall be governed and construed in accordance with the laws of the country in which the Service is being offered. Application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

Service is offered by: Track Mobile BV, Piet Heinkade 95B, 1019 GM Amsterdam, The Netherlands
Customer support: [email protected]