Ngomma VAS Ltd. Terms and Conditions of Use

Hello, and welcome to our Terms and Conditions of Use. This is important and affects your legal rights, so please read them carefully.

1.     Introductions

Thanks for choosing Ngomma VAS Ltd. (ÒNgomma VASÓ, ÒweÓ, ÒusÓ, ÒourÓ). By using Ngomma VAS Ltd. service, websites, or software applications (together, the ÒNgomma VAS ServiceÓ or ÒServiceÓ), you are entering into a binding contract with Ngomma VAS. Your agreement with us includes these Terms and Conditions of Use (ÒTermsÓ). If you donÕt agree with these Terms, then please donÕt use the Service.

In order to use the Ngomma VAS Service, you need to (a) be 18 or older, or be 13 or older and have your parent or guardianÕs consent to these Terms, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws, and (c) be resident in the Local Country. You also warrant that any registration information that you submit to Ngomma VAS is true, accurate and complete, and you agree to keep it that way at all times.

2.     Changes to the Agreements

Occasionally we may, in our discretion, make changes to the Ngomma VAS Service and Agreements. When we make changes to the Agreements that we consider material, weÕll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.

3.     Subscriptions

Ngomma VAS account holders may access the Ngomma VAS Service by any of our several Subscriptions:

Paid Subscription: subscription fee-based service which enables you to listen to music while not connected to the internet, among other features; or

Mobile Service: via a supported mobile handset.

By using the Mobile Service, you agree to accept the Mobile Terms and to register for the Service as a mobile subscriber.

4.     License and assignment

The Ngomma VAS Service and the content provided through it are the property of Ngomma VAS or Ngomma VASÕs licensors, and we grant you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Ngomma VAS Service and to receive the media content made available through the Ngomma VAS Service in your Local Country This License shall remain in effect unless terminated by you or Ngomma VAS.

The Ngomma VAS software applications are licensed, not sold, to you, and Ngomma VAS retains ownership of all copies of the Ngomma VAS software applications even after installation on your Devices. Ngomma VAS may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-license your rights under this License, to any third party.

All Ngomma VAS trademarks, service marks, trade names, logos, domain names, and any other features of the Ngomma VAS brand are the sole property of Ngomma VAS. This License does not grant you any rights to use the Ngomma VAS trademarks, service marks, trade names, logos, domain names, or any other features of the Ngomma VAS brand, whether for commercial or non-commercial use.

You agree to abide by our User Guidelines and not to use the Ngomma VAS Service (including but not limited to its content) in any manner not expressly permitted by the Terms.

5.     User generated content

Ngomma VAS does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Ngomma VASÕs sole discretion, violates these Agreements. Ngomma VAS may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

Ngomma VAS is not responsible for User Content nor does it endorse any opinion contained in User Content.

6.     Consideration

These Terms are not intended to grant rights to anyone except you and Ngomma VAS, and in no event shall these Terms create any third party beneficiary rights. Any failure by Ngomma VAS to enforce these Terms or any provision thereof shall not waive Ngomma VASÕs right to do so.

7.     User Guidelines

WeÕve established a few ground rules for you to follow when using the Service, to make sure Ngomma VAS stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.

Ngomma VAS respects intellectual property rights and expects you to do the same.

Please respect Ngomma VAS and other users of the Ngomma VAS Service.

Please be thoughtful about what you make public on Ngomma VAS. The Ngomma VAS Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure.

8.     Copyright infringement

Ngomma VAS respects the rights of intellectual property owners.

We should also let you know that Ngomma VAS has the policy to terminate in appropriate circumstances the accounts of subscribers who are repeat infringers.

9.     Technology limitations and modifications

Ngomma VAS will make reasonable efforts to keep the Ngomma VAS Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Ngomma VAS reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Ngomma VAS Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Ngomma VAS Service or any function or feature thereof.

10.   Payments, Cancellations and cooling off

If you have a Paid Subscription, your payment to Ngomma VAS will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period.

Ngomma VAS may change the price for the Paid Subscriptions from time to time and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Ngomma VAS Service after the price change takes effect, you accept the new price.

11.   Term and termination

These Terms will continue to apply to you until terminated by either you or Ngomma VAS. Ngomma VAS may terminate the Terms or suspend your access to the Ngomma VAS Service at any time, including in the event of your actual or suspected unauthorized use of the Ngomma VAS Service or non-compliance with the Terms. If you or Ngomma VAS terminate the Terms, or if Ngomma VAS suspends your access to the Ngomma VAS Service, you agree that Ngomma VAS shall have no liability or responsibility to you and Ngomma VAS will not refund any amounts that you have already paid, to the fullest extent permitted by applicable law.

12.   Warranty

We endeavor to provide the best service we can, but you understand and agree that THE NGOMMA VAS SERVICE IS PROVIDED ÒAS ISÓ, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE NGOMMA VAS SERVICE AT YOUR OWN RISK. NGOMMA VAS DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, Ngomma VAS does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications.