Disclaimer

This service is brought to you by Playbay BV, Luchthavenweg 81, 5657EA Eindhoven, THE NETHERLANDS. No carriage fees applicable for this service This service is brought to you by Playbay BV, Luchthavenweg 81, 5657EA Eindhoven, THE NETHERLANDS. No carriage fees applicable for this service For customer care please visit: http://www.Playvito.com. To subscribe to the Playvito service, please subscribe via Internet by confirming the subscription button or a unique PIN that needs to be entered on the webpage if you are on Wifi or Operator Telstra. All the content is subject to the Terms and Conditions. $9.99 a week for Optus and Telstra customers. Carrier and data charges apply. This service is not available for Vodafone Customers. You can choose content on our portal which ever you prefer. You will receive 10 credits a week. The cost of a wallpaper is 1 credit, a ringtone is 2 credits and a game is 3 credits. . You may stop this service at any time by sending a text message with STOP, to code 19789062. You must be the owner of this device and be at least eighteen years old or have the permission of your parent or guardian. For help call: 1300099121 . Check terms and conditions for rules of play. Playvito is not affiliated with, sponsored by or endorsed by any of the listed products or retailers. Trademarks, service marks, logos, (including, without limitation, the individual names of products and retailers) are the property of their respective owners. Playbay BV. Luchthavenweg 81, 5657 EA Eindhoven, The Netherlands.

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 Playvito 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 Playvito may include (but are not limited to) games, text messages, sound and/or image files and/or similar services ("Playvito 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 Playvito for the specific agreement.

2 Delivery Playvito service

2.1 The End-user requests the Playvito service(s) from Playvito. These will be delivered by Playvito and the network of the Operator to the End-user.

3 Terms & Conditions

3.1 Upon confirming your subscription on the page promoted, subscriber will receive a confirmation Message as acknowledgment of the successful registration for this service. Subsequently, you get access to the content portal.

3.2 This is an ongoing subscription, the subscriber will continue to be a registered subscriber 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, Playvito 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 Playvito service are mentioned on this website under "Products&Prizes"

3.5 At the end of the specific term of a particular promotion the suer can still use the content portal to get the hottest content around

3.6 A subscriber can unsubscribe by sending a stop-message to the short code (E.g. SMS to ). For the exact details, please check the 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".

4 How it works

4.1 To subscribe to the Playvito service, please subscribe via Internet by confirming the subscription button or a unique PIN that needs to be entered on the webpage if you are on Wifi.

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

6 Pricing

6.1 Offers or statements mentioned in advertisements or on www.Playvito.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 FAQ 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 prizes".

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 Playvito service. By mutual consent it is furthermore possible to arrange payment of the charges by an alternative means (for example credit card).

6.4 Playvito 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 Playvito services after the date on which the price change is to be implemented.

7 Termination of the service

7.1 Termination of the Playvito Service may take place solely as stated on the Website.

7.2 The Playvito 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. Playvito may immediately terminate all Playvito 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) Playvito (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 Playvito service is unlawful or impractical; or (d) the subscriber use of the Playvito service impairs or threatens to impair the integrity or functionality of the Playvito network in any manner.

7.3 Playvito shall accept no liability towards the subscriber and/or third parties resulting from termination or cancellation of the Playvito Service(s).

8. Intellectual property rights

8.1 You are aware and agree that the content and software used in connection with the Service, hereinafter to be referred to as the Software, contain confidential information that is protected by valid and applicable intellectual property rights. Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("Intellectual Property Rights") are owned by Provider or its licensors, and you agree to make no claim of interest in or ownership of any such Intellectual Property Rights. You acknowledge that no title to the Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in these Terms and conditions. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You acknowledge that all marks that appear throughout the Software and Sites belong to Provider, or the respective owners of such marks, and are protected by domestic and international trademark and copyright laws. Any use of any of the marks appearing throughout the Software and Sites without the express written consent of Provider or the owner of the mark, as appropriate, is strictly prohibited. 'Playvito' is a trademark of Provider. Further you are aware of and agree that data in advertisements from advertisers and/or sponsors or information provided to you via the Service is subject to copyright, trademarks, brand names, patents or other property rights and laws. You guarantee that you will not amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products partially or entirely derived from the Service or the Software except in the event that Provider has given you explicit written permission to do so. Provider hereby grants you, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable and non-assignable license and permission to install the Software and download the content, to use the working code of its Software to use the Service on a designated compatible mobile device solely for your own personal non-commercial use and to use the Software and the Sites solely in accordance with these Terms and conditions, as long as you do not copy, alter or amend any Software, source codes or content, reproduce, modify, perform, transfer, distribute, sell, resell, create a derived product or content from those, reverse engineer or reverse assembly those, or otherwise attempt to find a source code (nor allow third parties to do so), use or make available the Software and content except as expressly provided in these Terms and conditions and provided you do not sell any rights related to the content, the Software and the Intellectual Property Rights, code those, issue sub-licences for those, encumber those with security rights or otherwise transfer those. You guarantee that you will not amend the content, the Software and Intellectual Property Rights in any way or use amended versions of the Software and Intellectual Property Rights, including (but not limited to) in order to gain unauthorised access to the Service. You guarantee that you will only use the interface provided by the Provider in order to access the Service. Provider herewith grants permission to make only one copy of the Information on the equipment you use for gaining access to the Service and to use and display the copy of the Registered Information made on that equipment for private purposes.

9 Liability waiver

9.1 The provider, its directors, managers, employees, suppliers, representatives and agents ("providing parties") do not accept any liability for damage caused by any use you make of the service, the content, the software and sites. You understand and explicitly agree that:

9.2 The service, content, software and sites are provided on an "as is" basis and an "as available" basis, without any guarantee whatsoever. Insofar and to the extent it is legally permitted, the providing parties explicitly waive any liability, be it explicit, implicit, statutory or otherwise, in relation to the service, content, software and the sites, including but not limited to the implicit guarantee of the property right, the saleability, the suitability for a particular purpose and the non-violation of property rights;

9.3 The providing parties do not accept any liability in relation to the safety, reliability, timeliness and compliance with the service, content, software and the sites. The providing parties do not guarantee that the service, content, software and sites will meet your expectations or that the service, the content provided, the software and sites will not be interrupted or be free of errors;

9.4 Recommendations or information which you may receive verbally, in writing or through our services, do not create any guarantee that is not explicitly recorded in the current terms and conditions. You should not rely on that information or on those recommendations;

9.5 You acknowledge and agree that you are downloading and/or using the service, the content, software and sites at your own will and at your own risk and that you are the only liable party for any damage to your computer system, mobile phone or for the loss of data as a result of downloading or using the content, this software and sites;

10 Limitation of liability

10.1 Under no circumstance whatsoever, including negligence, will the providing parties be liable to you or to a third party for any damage, including but not limited to, direct, indirect, additional, extraordinary, moral, supplementary, legal liability or consequential losses (including damage due to loss of commercial income, stoppage of operations, loss of company information etc.) As a result of any use, abuse or inability to use the service, its content, software and sites, also in the event the authorised representative of the provider has been informed of the possibility that the damages might occur (including damages incurred by third parties). In?some countries, limiting or excluding liability for supplementary or consequential damages is prohibited, so the aforementioned limitation or exclusion may not apply to you. In no event will the total liability of the providing parties to you for damages, losses and legal claims (arising from a contract or from an illegal act [including negligence] or otherwise) exceed the amount that you paid to register for the service, the content, the software and the sites.

11 Processing of data

11.1 In order to supply Playvito Services to the subscribers, Playvito 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 Playvito 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, Playvito shall process subscribers information in full compliance with the applicable privacy laws and regulations. As a global company, Playvito and its affiliated companies increasingly go beyond the boarder of one country.

12 Legal choice

12.1 The use of the Playvito Services, the Agreement and the Website are subject to the laws of the country in which the campaign takes place. The failure of Playvito 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.

12.2 Any and all disputes shall be resolved before a competent court in the country in which the campaign takes place

13 Final provision

13.1 These Terms & Conditions are available for viewing at Playvito.com, and a copy will be provided free of charge upon request.

13.2 Playvito reserves the right to change these Terms and Conditions from time to time. Changes shall be notified to subscribers by posting on the Playvito Website. Changes in this manner shall be deemed to have been accepted if subscribers continue to use or download the Playvito Services after a period of date stated on which it will be implemented.

13.3 Playvito reserves the right to replace any item with other substitutes at similar value without prior notice. 1

13.4 Please contact Playvito via au@Playvito.com or you can call 1300657472 (Free of charge).