Terms & Conditions



General

This document outlines the Terms and Conditions governing the use of the products and/or services of value added services for mobile and Internet (hereafter referred as the Services) offered by Hulkmobile LTD (hereafter referred solely as Hulkmobile) with Business no 10507317, registered in London Mercantile Register, with address at 3rd Floor, Palladium House, 1-4 Argyll St., W1F 7LD, UK and the Website user. By browsing through the web site whatsmob.com (hereafter referred as the Website) and by using the Services you acquire the status of user. Hulkmobile declares to be mobile and web marketing and service provider duly registered in the Network Operators and Electronic Communications Services. The user by using the Services and/or installing any of Hulkmobile products accept and agrees to be bound and abide by these Terms and Conditions, as well as of our Privacy Policy. In the event the user does not follow the present Terms and Conditions or any notice that may be given by Hulkmobile while using the Services, shall constitute grounds for termination, being the access to Services blocked, and the right to use any of the products removed without further notice and independently of any other decisions that may be taken by Hulkmobile.

Hulkmobile reserves the right to modify the Terms and Conditions herein at any time, being any changes reflected in an updated version available on the Website. The use of the Services shall imply full acceptance of the Terms and Conditions hereof.

Hulkmobile strongly advise the user to print or save a copy of these Terms and Conditions, even though they will available at all times in the Website.

Hulkmobile is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. Hulkmobile may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA web site: www.waspa.org.za


Service Description

The Services offered through the Website enables the registered user to interact with other users, play games, download applications, ringtones, wallpapers and much more.

1) To access the service you must enter your mobile phone number and follow the directions established for this purpose.
2) To exit the service at any time, send an SMS following suitable indications or send an email to: support@whatsmob.com.
3) For further information regarding our services, please contact us via email at support@whatsmob.com or call us on 0212048181.

A password will be assigned to the user and an account designation upon completing the registration process. The user agrees to maintain the confidentiality of the password and account, and that it is fully responsible for all activities that occur under such password or account. The user also agrees to immediately notify Hulkmobile of any unauthorized use of your password or account or any other breach of security, and to exit from your account at the end of each session. Hulkmobile shall not be liable for any loss or damage arising from the user failure to comply with these conditions. Also, the Services may offer (subject to Services location availability) premium membership, which is typically charged on a subscription basis.

Products and services are subject to availability and may also be subject to other terms and conditions. There is no substitution for any Product or portion thereof, except due to unavailability, in which case a Product of equal or greater value will be awarded at the discretion of Hulkmobile. Some products have limited availability, and in some cases, products you select are sent to you directly by the Sponsor, who is solely responsible for the quality and performance of the goods supplied.

The use of the Services could involve the integration and/or use of services of an Internet connection, data and voice hired directly by the user to third parties (service providers), which have specific terms and conditions of use outside Hulkmobile. By using the Services through service providers or telecommunication third parties, the user acknowledges and agrees to be aware of the conditions offered by these third parties.

Hulkmobile shall not be held responsible in any case to requests or submissions to access the Service that are not accepted by the Website technology platform and for the delay that may occur in receiving the Service whenever it is due to any cause not attributable to Hulkmobile (being these: connectivity failures or network outages, errors in the wording of the messages, excessive network traffic, the performance of the operators, the characteristics of various phones, computers and / or tools or any other not stated herein).


Requirements for Accessing the Service

The Services offered by Hulkmobile are targeted and can only be contracted by people of legal age 18 or, if applicable, emancipated minors with full legal capacity to contract. Unemancipated minors only may contract Hulkmobile Services, with previous written permission of their parents, guardians or legal representatives, who will be responsible for the acts of those who are responsible for. It is important to note that these circumstances can not be verified by Hulkmobile being responsibility of the parents or guardians of such unemancipated minors to watch over for the correct use of the people who are dependent on are making within the Services and in particular, watch over the mobile phone that is being used to contract the Services. Likewise, Services may only be contracted by the owner of the phone line that is associated with the Services.

By accepting the Terms and Conditions, the user expresses to be legitimized and/or authorized to contract the Services and ensures the accuracy of all of the information given to Hulkmobile. The user also expresses its commitment to make a proper use of the Services and agrees to comply with the current legislation that may be applicable in each case, as well as these Terms and Conditions, morality and/or public order.

It is the user responsibility to respect these standards and it is strictly forbidden to use the Services subject to these Terms and Conditions for illegal purposes, or in any manner that violates or infringes the rights and interests of Hulkmobile, its subsidiaries or of any other third party related.

The user shall be exclusively responsible for any loss or damage caused by inappropriate, or illegal use of the Services.


Compatibility

Our Services, Images and Videos may not work on every Handset, Laptop, Desktop or Electronic Device capable of displaying the content. You acknowledge that Whatsmob is not liable to have every type of format available. It is the users responsibility to ensure that the device they are using can reproduce the following files (Picture – JPG, GIF, PNG) (Movies – 3GP & MOV) or have the appropriate software installed in order to access all service.


Service Contracting Requirements

The user agrees to use the Services at all times in strict accordance with the laws, morality, generally accepted good practices and the public order, and to not use the Services for illegal purposes, prohibited in these Terms and Conditions, so Hulkmobile at its sole discretion is entitled to reject the application and prohibit the use of the Services if the user: (1) attempt to use the Service by any means other than described in the Terms and Conditions, (2) attempt to disrupt or breach the Terms of Use, (3) repeatedly show indifference to the fulfilment of the provisions set out in the Terms and Conditions.

If during the execution of the Service, Hulkmobile suspects or proves the existence of some type of electronic or non-electronic manipulation in the system related to the Service, or if technical difficulties compromise the integrity of the Service, Hulkmobile reserves the right to shut down the contracted Services and delete the account of any user who has been able to manipulate the normal delivery of it, as well as any attempt to deliberately impede the normal functioning of the Service is illegal and Hulkmobile shall have the right to claim in such case any damages caused and the filing of any applicable legal actions.

The user by using the Service: (1) Consents to be under the provisions set out by the present Terms and Conditions, (2) agrees to exonerate Hulkmobile and its employees, subsidiaries, affiliates, divisions, advertising agencies and related entities in any way, for any loss, damage, costs, injury and/or death resulting from contracting the Services as well as for any misuse of the Services and for any claim based on publicity rights, defamation or invasion of privacy and (3) allows the use of their name, voice and images for advertising and promotional purposes in any media worldwide without additional compensation, unless is prohibited by law.


Service Code of Conduct

Members will not provide any material (photos, text or links to content) that:
1. Contain nudities or explicit sexual/pornographic contents of any kind;
2. Contain a visual presentation of explicit violent sexual conduct, bestiality, incest, rape or extreme violence, which constitutes incitement to cause harm;
3. Results in any unreasonable invasion of privacy;
4. Induces an unacceptable sense of fear or anxiety;
5. Encourages or incites any person to engage in dangerous practices or to use harmful substances;
6. Induces or promotes racial disharmony;
7. Causes grave or widespread offense; or
8. Debases, degrades or demeans.

Any user, who violates any of these requirements, will have their access to share, upload images, text restricted or access withdrawn depending on the breach of the Rules of Conduct. In case of repetitive behaviour, Hulkmobile can discontinue your use of the service.

Hulkmobile inform the user that at all times have access to all images and content of all text that is shared on the Service. For this reason, and to defend our right to enforce the Rules of Conduct stated, we inform all users of the consequences of non-compliance.


Forms of Payment

The charges of the Services provided by Hulkmobile will be billed and charged by the mobile service provider to which the number is contracted. In the instance the user uses a mobile number with pre-paid card, the charges for the products and services provided by Hulkmobile will be deducted from the account balance the user has on the pre-paid card.
Where the user does not have enough credit on their account to pay for access to the service, we may at our discretion attempt to recuperate the total amount or part of the amount owed.

Intellectual Property Rights

Hulkmobile is the sole owner or holds under the necessary licenses and/or authorizations for the rights of operating the Intellectual Property of the Services and any of its contents including, but not limited to: software, databases, images, photographs, drawings, graphics, games, text, audio, video, trademarks, logos, trade names or distinctive signs, computer programs or databases that are or have been part of it at some point. Under no circumstances shall access and use of the Services, imply renunciation, transmission, license, or transfer all or part of such rights.

It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, post, transmit, use, process or distribute any form of all or part of the contents on the service, if you do not have the express written permission of Hulkmobile or, where appropriate, the rights holder.

Likewise, unless expressly authorized, it is prohibited, under the terms and subject to the penalties under current laws that are applicable, the removal or alteration of the technologies and information regarding management rights contained in the works and the subject of this transmission as well as distribution, importation for distribution, public performance, broadcasting and radio broadcasting, public communication in all its forms or making available of such works and performance or copies and transmissions which have removed or altered such information without authorization.

If you are interested in establishing a link, you must first have the express written permission from Hulkmobile. Notwithstanding the foregoing, it is expressly prohibited to establish any links and / or similar third party devices that lead the user directly to content and/or services offered by Hulkmobile ("deep linking").

The Website contains copyright material, trade names and marks and other proprietary information, therefore is protected by copyright laws, registered and unregistered trade marks, database rights and other intellectual property rights under the English Intellectual Property Law.


Limitation of liability, indemnity and release

Hulkmobile in no event shall be held liable for the users utilization regarding the Services or the information stored and/or sent by mobile phone devices related to the Services, therefore Hulkmobile in any case may determine or control the identity of the user and of the information transmitted between users within the Website, failing to act in accordance with the applicable Law and shut down the access to the Service in the following cases:

1) Injunction or administrative authority request.
2) The content uploaded by the user is considered offensive to the community, the public morality or any other content contrary to applicable regulations.
3) The content uploaded by the user incites terrorism, racism, or other conducts expressly prohibited by law.
4) The content uploaded by the user contains defamatory material against the Website, Hulkmobile or any of its, subsidiaries, divisions affiliates, agents, representatives and licensors, or contains any comments contrary to the image of Hulkmobile and/or the network operator.

NEITHER HULKMOBILE NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE ACCESS OR USE OF THE SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE SERVICES AND THE INFORMATION AVAILABLE ON THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICES.

Hulkmobile would not respond for the consent of contracting the Services given by minors and/or legally unable whom contracted the Services without complying with the obligation to provide Hulkmobile the written authorization of their parents, legal guardians or legal representatives stated according to provision of clause 3. of these Terms and Conditions. Hulkmobile and their affiliates, representatives, agents, directors, officers, shareholders and employees are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, inaccurate, incomplete, or unintelligible entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond their control; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the Services, or acceptance, delivery or failure to timely deliver, possession, or use of the Services as a result of participation in the service; or (vi) any printing or typographical errors in any materials associated with the Services. Further, in any such dispute, under no circumstances will the user be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, including attorneys' fees, other than the user's actual out-of-pocket expenses (i.e. costs associated with participating in the Services), and the user further waives all rights to have damages multiplied or increased. Under no circumstances shall Hulkmobile be liable to the user or any third party for any indirect, incidental, consequential, special or exemplary damages, even if advised of the possibility of such damages, arising from the use of or inability to use the service or any other provision of these terms and conditions.

THE USER BY ACCEPTING THESE TERMS & CONDITIONS WAIVE ANY AND ALL CLAIMS AGAINST HULKMOBILE AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, REPRESENTATIVES, AGENTS, AND LICENSORS ARISING FROM THE USE OF THE SERVICE AND THE INFORMATION AVAILABLE IN THE WEBSITE.

The user accepts all responsibility for, and hereby indemnify and hold Hulkmobile harmless from and against, any actions taken by any user authorized to use your account, including, but not limited to disclosure of Log-in details to third parties. By using the service, the user also releases Hulkmobile, it subsidiaries, divisions, affiliates, agents and representatives from any and all liability regarding the use of Products, applications, or other participation in the Services.


Privacy and Use of Information

In accordance with the provisions of the General Data Protection Regulation (GDPR)(EU) 2016/679 and related complementary legislation, Hulkmobile informs the user that the information resulting from contracting the Product and Services and related personal data will be included in file owned by Hulkmobile for its automated processing, providing the user consent to such treatment by accepting these Terms and Conditions. The aforementioned file is duly registered in the General Register of the Data Protection Agency.

For content that is covered by intellectual property rights, like photos and videos (IP content), the user specifically give Hulkmobile the following permission: the user grant Hulkmobile a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that the user post on or in connection with Whatsmob. This IP License ends when the user delete his IP content or his account unless his content has been shared with others, and they have not deleted it.

When the user deletes IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, the user understands that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

When you publish content or information using the public setting, it means that the user is allowing everyone, including people off of Whatsmob, to access and use that information, and to associate it with you (i.e., your name and profile picture).

Hulkmobile informs the user that the processing of information and personal data will be related to the personal data provided as a result of contracting the Product and Services as well as the information that may be provided for granting access to any other services of the company or any of its subsidiaries, divisions, affiliates, representatives, agents and licensors.

Hulkmobile declares fulfilment with the personal data secret obligation as well as confidential treatment of such information and takes over the responsibility to ensure the technical, organizational and security measures to prevent alteration, loss and unauthorized access. However, Hulkmobile shall not fully guarantee the absolute invulnerability of its security systems, since there are no currently sufficient and unbreakable security measures available to prevent computer related attacks, case in which shall not Hulkmobile be held responsible for any incidents that may occur to the Personal Data File caused by such attacks or unauthorized accesses.

The user acknowledges that the personal data collected and its treatment shall be used only in the following cases:

1) Proper Services requested by the user performance.
2) Management, administration, extension and improvement of contractual or business relationship established between the user and Services provided.
3) Address complaints or claims for the Services.
4) Checking and verifying the quality of the Services offered to the user.
5) Sending an overview of the development and operation of the Services contracted by the user.
6) Development of market research and statistics, marketing, and preferences about the Services.
7) Also, unless otherwise indicated, the user agrees to accept marketing messages through but not limited to email and/or SMS text messages or telemarketing in accordance with the applicable provisions, relating to the Services such as but not limited to: identical and similar to those initially recruited, music, videos, pictures, games, applications, sweepstakes, promotions, contests, participation in television programs, voting and skill games (this will continue even after the termination of the contract) until cancelled.
8) Fulfilment off Tax obligations.

Users at any time may access to provided personal data and exercise the rights established by Law (access, rectification and cancellation), as well as to revoke its consent or oppose to the transfer of its personal data. These actions may be exercised by phone, in writing or by email at:

0212048181
The Shard, TOG 24/25 Suite 213, 32 London Bridge, SE1 9SG, UK
support@whatsmob.com

Hulkmobile also informs the users that by the adherence to the Terms and Conditions they consent to provide every necessary and essential communication of personal data required to manage contracted Services.

On the other side, the user is fully responsible for providing Hulkmobile contact information that is accurate and truthful and compromises as well to keep Hulkmobile up to date with any appropriate changes related to it.


Rights of Data Subject

Hulkmobile will take appropriate measures to provide any information and any communication relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child. The information will be provided in writing, or by other means, including, where appropriate, by electronic means. When requested by the data subject, the information may be provided orally, provided that the identity of the data subject is proven by other means.
Hulkmobile will facilitate the exercise of data subject rights under Articles 15 to 22 of the GDPR.
Hulkmobile will provide information on action taken on a request under Articles 15 to 22 of the GDPR to the data subject without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests.
Hulkmobile will inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. Where the data subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.

1. Right of Access by the Data Subject
The data subject will have the right to obtain from Hulkmobile confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
a) The purposes of the processing;
b) The categories of personal data concerned;
c) The recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
d) Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
e) The existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
f) The right to lodge a complaint with a supervisory authority;
g) Where the personal data are not collected from the data subject, any available information as to their source;
h) The existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

2. Right to Rectification
The data subject shall have the right to obtain from Hulkmobile without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject will have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

3. Right to erasure (“Right to be forgotten”)

The data subject will have the right to obtain from Hulkmobile the erasure of personal data concerning him or her without undue delay and Hulkmobile will have the obligation to erase personal data without undue delay where one of the following grounds applies:
a) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
b) The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing;
c) The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR;
d) The personal data have been unlawfully processed;
e) The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
f) The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

4. Right to Restriction of processing
The data subject shall have the right to obtain from Hulkmobile restriction of processing where one of the following applies:
a) The accuracy of the personal data is contested by the data subject, for a period enabling Hulkmobile to verify the accuracy of the personal data;
b) The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
c) Hulkmobile no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
d) The data subject has objected to processing pursuant to Article 21(1) of GDPR pending the verification whether the legitimate grounds of Hulkmobile override those of the data subject.

5. Right to Data Portability
The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to Hulkmobile, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
• The processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) of the GDPR; and
• The processing is carried out by automated means.
In exercising his or her right to data portability pursuant to the above-mentioned articles, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

6. Right to Object
The data subject will have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR, including profiling based on those provisions.
Hulkmobile will no longer process the personal data unless Hulkmobiledemonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

Where personal data are processed for direct marketing purposes, the data subject will have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Where the data subject objects to processing for direct marketing purposes, the personal data will no longer be processed for such purposes.


Assignment

Hulkmobile is entitled to transfer the information contained in the present Terms and Conditions and the rights arising thereof to any other of its companies, subsidiaries or divisions. Transfer of information will be developed prior to the user consent and only to achieve the correct performance of contracted Services.


Fraud

Fraud or abuse relating to the use of personal login details may result in the termination of your account. The user is solely responsible for any fraudulent use of their personal login details that could occur due to the theft of or sharing of the same. The Services are provided to individual users who are natural persons for their own personal use.

IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY USER TO SHARE PERSONAL LOGIN DETAILS. ANY USER SHARING SUCH INFORMATION IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED.


Unenforceability and Indemnity

Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of these Terms & Conditions be construed as a continuing waiver of other breaches of the same or other provisions of these Terms & conditions. The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

The user agrees to indemnify and hold Hulkmobile, its subsidiaries, affiliates, officers, agents, representatives, sponsors and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of the use of the Website, including, without limitation, any information or content or keywords you post to the site or any interference with the operation of the site.


Governing Law and Forum

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
Any dispute or difference arising out of or in connection with this Agreement shall be determined by the Courts of London, waiving both parties to any other court that may also correspond.