1. Your relationship with GSM-FLASH Store
1.1 Your use of Gsm-Flash Store’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Gsm-Flash Store under a separate written agreement) is subject to the terms of a legal agreement between you and Gsm-Flash. GSM-FLASH Store’s main places of business is at 22 CHE De Pahin 31170 Tournefeuille, logement 8 – Huate Garonne – Toulouse – France. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Gsm-Flash Store, your agreement with Gsm-Flash Store will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with Gsm-Flash Store will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Gsm-Flash Store in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(a) clicking to accept or agree to the Terms, where this option is made available to you by Gsm-Flash Store in the user interface for any Service; or
(b) by actually using the Services. In this case, you understand and agree that Gsm-Flash Store will treat your use of the Services as acceptance of the Terms from that point onward.
2.3 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where Gsm-Flash Store has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Gsm-Flash Store.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by Gsm-Flash Store
4.1 Gsm-Flash Store has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Gsm-FlashStore itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 Gsm-Flash Store is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Gsm-Flash Store provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that Gsm-Flash Store may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Gsm-Flash Store’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Gsm-Flash Store when you stop using the Services.
4.4 You acknowledge and agree that if Gsm-Flash Store disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while Gsm-Flash Store may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Gsm-Flash Store at any time, at Gsm-Flash Store’s discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Gsm-Flash Store will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Gsm-Flash Store, unless you have been specifically allowed to do so in a separate agreement with Gsm-Flash Store. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Gsm-Flash Store, you agree that you will not reproduce, duplicate, copy, the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Gsm-Flash has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Gsm-Flash may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Gsm-Flash for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Gsm-Flash immediately at email@example.com
7. Privacy and your personal information
7.2 You agree to the use of your data in accordance with Gsm-Flash’s privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Gsm-Flash (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Gsm-Flash or by the owners of that Content, in a separate agreement.
8.3 Gsm-Flash reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
8.4 You agree that you are solely responsible for (and that Gsm-Flash has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Gsm-Flash may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that Gsm-Flash own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Gsm-Flash and that you shall not disclose such information without Gsm-Flash’s prior written consent.
9.2 Unless you have agreed otherwise in writing with Gsm-Flash, nothing in the Terms gives you a right to use any of Gsm-Flash’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Gsm-Flash, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Gsm-Flash’s brand feature use guidelines as updated from time to time.
9.4 Other than the limited license set forth in Section 11, Gsm-Flash acknowledges and agrees that it obtains no right, title or interest from you under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Gsm-Flash, you agree that you are responsible for protecting and enforcing those rights and that Gsm-Flash has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by Gsm-Flash, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. Ending your relationship with Gsm-Flash Store
10.1 The Terms will continue to apply until terminated by either you or Gsm-Flash as set out below.
10.2 If you want to terminate your legal agreement with Gsm-Flash, you may do so by (a) notifying Gsm-Flash at any time and (b) closing your accounts for all of the Services which you use, where Gsm-Flash has made this option available to you. Your notice should be sent, in writing, to Gsm-Flash’s address which is set out at the beginning of these Terms.
10.3 Gsm-Flashmay at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Gsm-Flash is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Gsm-Flash offered the Services to you has terminated its relationship with Gsm-Flash or ceased to offer the Services to you; or
(D) Gsm-Flash is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Gsm-Flash is, in Gsm-Flash’s opinion, no longer commercially viable.
10.4 Nothing in this Section shall affect Gsm-Flash’s rights regarding provision of Services under Section 4 of the Terms.
10.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Gsm-Flash have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
11. Copyright and trade mark policies
11.1 It is Gsm-Flash’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law, and to terminating the accounts of repeat infringers.
12. SPECIAL TERMS AND CONDITIONS
12.1 Gsm-Flash allows you to request the cancellation of an unlock code or server order in the “Waiting” section on Gsm-Flash; if the cancellation request is received within ten minutes following your order, it may be instantly approved. If the request cannot be instantly approved, it will be seen as “Pending for approval” until Gsm-Flash’s supplier accepts the cancellation request, or refuses it and delivers the unlock code or server order. It is Gsm-Flash’s supplier sole discretion to accept or deny a cancellation request.
12.2 If you think you received the wrong unlock code or server code, you have 3 days following the delivery of your order to request, free or charge, the supplier to verify the code.
12.3 If, after the verification procedure has been launched, the code is the same as the first one, Gsm-Flash will issue a refund of your order if you provide a video proof.
12.4 An information note may be presented to you on each product description, giving you special instructions for this particular product, including but not limited to, phone models or operators not to try to order. It is your responsibility to follow these particular rules. Gsm-Flash will refuse any refund request if these rules have not been followed and you receive a wrong unlock code.
12.5 It is your responsibility to check if you are able to enter the code in the phone before ordering an unlock code or server code for this model. By ordering an unlock code or server service, you guarantee Gsm-Flashthat you know the correct procedure to enter this code; if you have any doubt, please ask first to firstname.lastname@example.org before requesting a code or service as we can’t guarantee to always be able to get the code or service entry instructions.
12.6 Any refund claim, whether or not Video Proof is provided, must be made less than 10 days after the delivery date of the order. We will not investigate or refund any claims made after this period. Not that if you received your order correctly, no refund will be accepted.
12.7 We have no agreement to refund Server Credits that you receive, using credits or not is your matter.
12.8 Each Gift Card is not transferable and cannot be exchanged with cash. The Gift Card is non-refundable, non-transferable, and not exchangeable.
12.9 You agree that all prices can change at any time without prior notice. Gsm-Flash’s liability won’t be engaged as a price changes and you commit yourself not to ask a refund for this reason.
12.10 All the credits bought on Gsm-Flash have seven months validity, starting from the date of the payment validation; when the expiration date is passed, unused credits will be automatically invalidated and no refund request will be accepted.
12.11 The advertised time frame of delivery of each service we promote is a simple indicator of the average turnaround of delivery for each service we provide. In our industry, you can and will most likely experience unusual delay from time to time depending on many factors that are not always under our control as we ultimately rely on the suppliers we’re working with, Gsm-Flash is only a marketplace. Once an order is overdue, we’ll start to accept cancellation requests that will be processed under the terms 12.1, which states that ultimately the decision of cancelling or not will be at the supplier sole discretion. However, if an order is overdue for more than 15 Business Days, Gsm-Flash will automatically reject the order and bear the loss.
13. Other content
13.1 The Services may include hyperlinks to other web sites or content or resources. Gsm-Flash may have no control over any web sites or resources which are provided by companies or persons other than Gsm-Flash.
13.2 You acknowledge and agree that Gsm-Flash is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
13.3 You acknowledge and agree that Gsm-Flash is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
14. Changes to the Terms
14.1 Gsm-Flash may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Gsm-Flash will make a new copy of the Universal Terms and any new Additional Terms will be made available to you from within, or through, the affected Services.
14.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Gsm-Flash will treat your use as acceptance of the updated Universal Terms or Additional Terms.
15. General legal terms
15.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
15.2 The Terms constitute the whole legal agreement between you and Gsm-Flashand govern your use of the Services (but excluding any services which Gsm-Flash may provide to you under a separate written agreement), and completely replace any prior agreements between you and Gsm-Flash in relation to the Services.
15.3 You agree that Gsm-Flash may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
15.4 You agree that if Gsm-Flash does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Gsm-Flash has the benefit of under any applicable law), this will not be taken to be a formal waiver of Gsm-Flash’s rights and that those rights or remedies will still be available to Gsm-Flash.
15.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
15.6 You acknowledge and agree that each member of the group of companies of which Gsm-Flash is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.