Terms and Conditions
Applicability
1. The terms and conditions stated below (“Terms & Conditions”) apply to and are part of all offers and transactions under digital services offered online by Cellon LTD (“Cellon”) 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 services offered by Cellon may include (but are not limited to) contests, competitions, games, text messages, sound and/or image files and/or similar services (“Trivicell 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.
2. The End-user requests the Trivicell service(s) from Cellon. These will be delivered by Cellon via network of the Operator to the End-user.
Sign-up to the service
3. To enter Trivicell Service ("competition"), the End-user must enter his mobile phone number via the promotion web page ("Landing Page") provided by Cellon. Then the End-user will receive an SMS to his mobile device, with Personal Identification Number ("PIN code"). By entering the received PIN code on the landing page, the End-user will be subscribed to Trivicell service.
4. The signup to competition begins in the first day of each annul quarter and ends at the specified date which appears at the bottom of the landing page (last day of each annual quarter). This is a continuous subscription service, which means, that after each 36 questions (sent to End-user) the End-user will continue automatically to the next competition.
5. During the competition the End-user will receive each week 3 trivia/quiz questions. The competition consists of 36 questions. The End-user may score points by answering the question correctly.
6. This service costs Ksh 90 per week, charged on mobile phone bill. Sign up fee of Ksh 30 applies.
7. The End-user can cancel the service at any time. To cancel the service, the End-user should send SMS with text "STOP" to the short number 6292.
Competition terms
8. End-user may choose to answer the question. Only correct answers would score points. Incorrect answer will not accumulate points. Not answering the question within 24 hours will be calculated as incorrect answer.
9. The competition ends when all End-users, that entered to Trivicell service during the specific period (annual quarter), have received 36 questions. In any case, the end of competition will not be later than 3 months after the last available day for signup to the competition.
10. The End-user with the highest score at the end of competition will be the winner.
11. If, at the end of competition, multiple End-users have reached the same number of points, the End-user with the highest point obtained at the fastest time recorded in Trivicell Service database will be the winner. The winner will be contacted by phone by Cellon representative or by local customers support office.
12. End-users will have to compete against players from their own country. The coverage of the promotion will be mentioned at the bottom part of the landing page. All End-users are entering the same competition through several available promotions. The promotions may advertise different prizes. The winner will get the prize that was advertised on landing page through which he entered to competition.
13. The End-user need to be at least 18 years old. If you are not the person responsible for paying the mobile bill or under 18 years of age, please obtain the permission of the payer of the mobile bill, parents, guardian, employer before subscribing and/ or participating in the service. By subscribing and/or participating in the service, Cellon presumes that End-user has obtained the necessary permission, consent or approval from the payer of the mobile bill, guardian or parents.
14. All SMS messages sent by End-user will be charged by End-user's mobile operator for standard tariff. These tariffs can differ per operator. Please contact your operator for more information on the charges imposed by them.
15. At the end of competition, the winner's name will be published on Trivicell web site. The results are final and binding and no correspondence will entertained. Within 30 workdays after the closing of the competition, the winner will be personally contacted via the mobile number used to subscribe to the Trivicell Service. Upon being notified as the winner, the winner have 60 days from the date of notification to collect or to provide Cellon or their local representative winner’s address to which the prize is to be sent to. If winner fails to provide the address to sent to prize to or be in contact with Cellon within 60 days after being notified, the prize won will be forfeited and Cellon shall no longer be required to give winner the prize. The prize will then be given to the second highest points winner with also the same 60 days time period to collect or providing Cellon the forwarding address to send the prize to. If the prize is sent to the winner’s address Cellon will not be held responsible and/or liable for any damages or losses of the prize that may incur.
16. Cellon reserves the right to replace the item of equal or greater value as an alternative to replace any of the prizes in whole or in part. The prize must be accepted as offered, and is not transferable or severable.
17. Cellon reserves the right to utilize all winners’ images, photograph, name and area of residence for all future promotion, publicity or marketing purpose without getting prior consent or notice or paying the winner.
Costs and Prices
18. Offers or statements mentioned in advertisements or on www.trivicell.com (“Website”) are without engagement unless it is expressly stated in writing otherwise.
19. All messages sent and received from Cellon, the standard costs for sending texts messages, as set by the operators, may apply. End-user will pay for all Premium SMS message received by them from Cellon.
20. Charges are debited against the End-user's account by the Operator; in the case of a pre-paid subscription, charges are deducted from the End-user’s credit balance. The End-user hereby expressly grants his or her authorization for charging, and commits to payment in full for the charges incurred as a result of participating in Cellon’s services / Trivicell Services. By mutual consent it is furthermore possible to arrange payment of the charges by an alternative means (for example credit card).
21. Cellon is at all times entitled to change any and all costs following prior announcement on the Website. Changes shall be deemed accepted if End-users continue to use or subscribing to Cellon’s Trivicell Services after the date on which the price change is to be implemented.
Service termination
1. The End-user can cancel the service at any time. To cancel the service, the End-user should send SMS with text "STOP" to the short number 6292.
2. Cellon may immediately terminate all Trivicell Services to End-user in one of the following cases:
a. The End-user fails to pay the charges within the period stated in End-user’s mobile phone subscription with the Operator.
b. The End-user use of the Trivicell’s Service impairs or threatens to impair the integrity or functionality of the Cellon network in any manner.
c. Cellon has cause to believe that the End-user acts or has acted in violation of this Terms & Conditions.
d. Cellon is expressly requested by the Operator to do so, or any law, regulations, directives or governmental action renders all.
e. Any portion of the Trivicell Service is unlawful or impractical.
3. Cellon shall accept no liability towards the End-user and/or third parties resulting from termination or cancellation of the Trivicell Service(s).
Privacy Policy
4. We respect the Users' privacy. We see to it that the personal information is always handled with care. Any data collected will be controlled by Cellon.
Data Protection
5. Information and data which is provided by you when you register will be held and used by the Cellon in order to administer and manage the Trivicell Services in accordance with our privacy policy. Your personal Information and data may also be passed without giving you a prior notice, and without receiving your consent, to relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity. We reserve the right to pass your personal information and data in order to protect our rights and/or of someone acting on our behalf and/or third parties and to enforce the terms of this Terms and Conditions. In addition your personal data may also be passed without giving a prior notice to you, and without receiving your consent to the relevant cellular operator.
6. Your information and data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.
7. In addition, occasionally you may receive marketing messages from Trivicell Services at no cost.
Trivia Questions Accuracy
8. The Cellon makes every effort in verifying and ensuring the accuracy and integrity of questions and answers provided on the Trivicell Service. However, we do not warrant that trivia content provided on the Trivicell Service is by all means free of all errors and inaccuracies and the user shall not have any claim or any right to appeal in the matter.
Intellectual property
9. You may use the Service for your own personal non-commercial use.
10. The terms Trivicell and any other trademarks, service marks and/or trade names used by the Supplier on the Service from time to time (the "Trade Marks") are the trademarks, service marks and/or trade names of the Supplier or one of its group companies or its licensors and these entities reserve all rights to such Trade Marks. In addition, other content on the Service, including, but not limited to, the Games, images, pictures, graphics, photographs, animations, videos, music, audio and text belongs to the Supplier or one of its group companies and/or its licensors and is protected by copyright and/or other intellectual property rights. You hereby acknowledge that by using the Service, you obtain no rights in the trademarke or the Service Content other than as specified in this Agreement.
11. In particular, under no circumstance may you copy any Service Content (including without limitation trivia questions, answers, or games) or use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Service.
No warranty
12. The service are provided "as is" without any representation and/or obligation on the part of Cellon with regard to the possibility of making them compatible to the needs and purposes of each user.
13. Cellon, his directors, employees, representatives, shareholders, and all those acting on its behalf and/or for it and any other source connected to the supply of the service and the content bear no responsibility and/or liability and/or warranties for representation, whether express or implied, including but not limited to implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, completeness or accuracy of the service. The entire risk as to the use, quality and performance of the service lies with you.
14. Cellon, his directors, employees, representatives, shareholders, and all those acting on its behalf and/or for it and any other source connected to the supply of the service and the content bear no responsibility and/or liability and/or warranties that the service will meet your requirements, be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the software or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials or as to results or the accuracy of any information obtained by you through the service.
15. Cellon, his directors, employees, representatives, shareholders, and all those acting on its behalf and/or for it and any other source connected to the supply of the service and the content bear no responsibility and/or liability for any acts or omissions made by your internet service provider or other third party with whom you have contracted to gain access to the server that hosts the site.
Liability
16. The use of the Trivicell Services and Website of Cellon takes place at the end-user’s own risk. End-user must provide all compatible mobile phone, hardware or other devices and software and ensure that they are in working order and suitable for the Trivicell services. Cellon cannot guarantee that the Trivicell services meet the requirements of the end-user nor that the download, receipt and/or viewing of the Trivicell services shall be free of interruption or errors.
17. The end-user acknowledge that mobile telecommunication services, such as the Trivicell 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 Trivicell 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.
18. If at any time the subscribers is unable to make uninterrupted use of the Trivicell Services, this shall in no way lead to any right to reduction of the charges for the Trivicell Services nor to any right to restitution of payments previously paid.
19. Any subscription or download of the Trivicell services are at the end-user’s own discretion and risk and that under no circumstances shall Cellon 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 end-users’s hardware and/or software resulting from access to the Website or use of the Trivicell services or downloaded Trivicell services, including the hardware and software required to connect to the Trivicell services. It is the responsibility of the end-users to take the necessary measures to avoid potential damage of this nature.
20. In the event that Cellon for any reason whatever is held liable to compensate the end-user for direct or consequential damage of any kind, such compensation shall on no account exceed the invoice value of the Trivicell Services paid by the end-user for the alleged damage.
21. The contents of the Website have been compiled with the greatest care. However, Cellon cannot provide any guarantee as to the nature, accuracy or content of this information. Cellon 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.
22. The end-user shall not send infected and/or contaminated, unlawful, harmful, threatening, vulgar, defamatory, tortuous, invasive of other’s privacy or otherwise objectionable messages to Cellon, and indemnifies Cellon against any damages direct or consequential pursuant to the sending of such messages.
23. The Trivicell Service provided by Cellon is for purpose of entertainment only and the information or answer are not a professional advice regardless whether it is financial, love, management or any other information or advice. If you require accurate advice, please seek advice from a professional and do not rely on the information provided in the Trivicell Service.
Legal choice
24. The use of the Trivicell Services, the Agreement and the Website are subject to the laws of the country in which the campaign takes place. The failure of Cellon 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.
25. Any and all disputes shall be resolved before a competent court in Kenya.
Final provision
26. These Terms & Conditions are available for viewing at Cellon, and a copy will be provided free of charge upon request.
27. Cellon reserves the right to change these Terms and Conditions from time to time. Changes shall be notified to end-users by posting on the Cellon Website. Changes in this manner shall be deemed to have been accepted if end-users continue to use or download the Trivicell Services after a period of date stated on which on which it will be implemented.
28. Cellon reserve the right to replace any item with other substitutes at similar value without prior notice.
29. Please send all correspondence regarding the Trivicell Services or these Terms & Conditions to Cellon LTD to e-mail kenya@trivicell.com or call to our local customers center 0714869943 or 0736596926