Dispute Resolution and Governing Law

These Terms and Conditions shall be governed by, and interpreted and enforced in accordance with, the laws of England and Wales applicable therein. Any claim, dispute or controversy shall be brought before the competent courts of England and Wales, and the parties attorn to the jurisdiction of such courts. This provision shall survive the termination of your right to use this Site.

1. General Terms for the Byte Binge Portal

These terms relate solely to the content available on this site.

You accept that you have been given an opportunity to read and accept this agreement before using any of the services offered. We recommend that you check this Agreement on each visit to this service. If you do not wish to be bound by this Agreement and/or the Privacy Policy, you may not access or use the Services (as defined below) and should exit immediately.

Users may join the service where available via internet promotions and payable through:

• Credit/debit card registration

1.1. Subscribers to Byte Binge will receive a link in a receipt email message immediately after purchase that will allow access to the content currently available and updated daily. Content links will be delivered to subscribers within free to receive emails. Subscription rates are as advertised on the promotions, promoted payment page and confirmed in the receipts received after purchase.

1.2. Content is only available to subscribers who have been successfully charged the current billing cycle’s subscription. Byte Binge reserve the right to withdraw access to any subscriber who has not been successfully charged the prevailing subscription period.

1.3. Valid subscribers can use as many content items as they wish from the content library.

1.4. The quantity and category of the available contents are liable to change each from time to time.

1.5. A fair usage policy applies to all content. The promoter reserves the right to withdraw the service from a subscriber if there is reasonable evidence to show that a subscriber has been attempting to use the service against the rules and spirit of these Terms & Conditions.

1.6. The content available should be compatible with most widely available mobile phones. Subscribers experiencing any access difficulties should contact customer services by the promoted means.

1.7. Old links to the content may expire. Subscribers are encouraged to use the most recent link to the content that has been delivered to them by the Promoter.

1.8. The Promoter accepts no responsibility for system or network errors or other issues out of our control that may result in disruption to access of delivery of the promoted content.

1.9. The Promoter shall not be liable: For any loss or damage that we could not have reasonably been expected to foresee at the start of the agreement, or for any loss of or corruption to data, systems or equipment, or for the actions of any independent third parties in connection with the availability and/or delivery of the promoted content or any unforeseen circumstances that may prevent access to the promoted content or delivery of the content.

1.10. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by our negligence.

1.11. We aim to meet high standards and our policies and procedures are, therefore, constantly under review. From time to time we may update our Terms & Conditions and Privacy policies to optimise the user experience and to comply with legal and regulatory obligations. Accordingly, we recommend that you check on our website periodically in order to review our current policies.

1.12. Entry to the promotion is deemed as acceptance of these Terms and Conditions.

1.13. The Promoter is Byte Binge, a brand name of Modo Mobi Ltd. Correspondence address:

Estate Office Cottage, Guilford Road, Wotton, Surrey, United Kingdom, RH5 6QB

 

2. Your Representations

2.1. By registering for, and using this service, you hereby confirm to us at all such times that you:

• Are located in the United Kingdom;
• Are aged 16 years or over;
• Are of sound mind and capable of taking responsibility for your own actions;
• Can enter into a legally binding agreement and you are the person whose details are provided in connection with your registration;
• Are the authorised owner of the mobile device which you registered to your account during the registration proves

2.2. Persons in breach of this agreement are not entitled to access and/or use the service. You cannot use the service unless you have first registered with us.

2.3. You hereby warrant to us that all information provided in your registration and all personal information provided to us is complete, accurate and not misleading. You also undertake to access and/or use the service for legitimate and personal entertainment purposes only.

3. Fair Usage Policy

3.1. A small number of users may be responsible for using a large amount of our services, which can impact the service we offer to other customers. Our fair usage policy is designed to ensure that all our customers receive equal opportunity to use the service.

3.2. The majority of our customers will not be impacted by the fair usage policy. However, some customers may use more than the usual amount from this service and are therefore likely to be affected. If, in CickMod’s reasonable opinion, you are abusing the service in any way, such as exceeding the fair use policy, we may ask you to moderate your behaviour. In extreme cases we may block your access to the service for a limited period of time or cancel your subscription to prevent any future access.

4. Our liability

4.1. The liability of the promoter and its associated/managing companies shall be limited to the amount of the subscription charges actually paid.

4.2. We shall not be liable:

• for any loss or damage that we could not have reasonably been expected to foresee at the start of the agreement, or for any loss of or corruption to data, systems or equipment, or
• for the actions of any independent third parties in connection with the availability or delivery of the content, in particular any unforeseen circumstances that may prevent the content from being readily available.

4.3. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by our negligence.

5. Viruses, Hacking and other offences

5.1. By using this service you agree that you will not attempt or encourage misuse of the service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the service, the server on which the service is stored, or any server, computer or database connected to the service. You must not attack the service.

5.2. By breaching the above you commit a criminal offence under the Computer Misuse Act 1990. Where necessary, we will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity and personal information to them.

5.3. In the event of any breaches mentioned above, your right to use the service will cease immediately without notice to you, or any liability to us.

5.3. We will not be liable for any loss or damage caused by the distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the service or to your downloading of any games, or other material posted on it, or any services linked to it.

6. Copying

6.1. Any downloading, use or copying of the service materials except as otherwise permitted by this Agreement is strictly prohibited and in particular, you agree to use the service materials solely for your own personal, non-commercial use and specifically not for any business, commercial or public purpose.

7. Promotions

7.1. We may, from time to time, run promotions including but not limited to, free products from promoted brands which are free to access but subject first to your full registration to the service.

7.2. The rules of entry or access to any promotions will be displayed on the service and may sometimes be restricted to only a first time user without an established Account. For the purposes of this Agreement, a ‘first time user’ is a customer who has not subscribed to the service before.

8. Email & Mobile Marketing - Terms & Conditions

8.1. By giving your email and/or mobile number, you agree for CilckMod and its associated/managing companies to send you either an occasional email or text, notifying you of the latest offers and promotions available from our group. If you ever wish to be removed from any of our email/text broadcasts, you will have a link at the bottom of each promoted page saying 'UNSUBSCRIBE' or call us on033 3880 1590. Once you do this, you will be removed from future broadcasts.

9. Complaints Procedure

We always do our best to meet the needs of those who contact us, but we appreciate that sometimes you can find yourself in a situation where you are not happy with the service that has been provided. If you would like to make a complaint regarding the contact you have had with, or the service you have received from us, then this policy sets out the process for you to use.

Any and all complaints will be dealt with appropriately and will be investigated by a member of staff within the company with sufficient seniority to resolve the issues. While dealing with your complaint we promise to be respectful of you at all times, in turn we expect the same behaviour towards our staff. All customer service calls are recorded and our staff reserve the right to terminate any call in which they feel abused or threatened.

The majority of all complaints can be handled and resolved at the first point of contact, however this is not always possible. We aim to complete all investigations and resolve all complaints within 10 working days of the complaint being made.

How to make a complaint

All complaints can be made by telephone or by email using the below information:

If you are making payment via PayPal Telephone: 033 3880 1590

Email: [email protected]

For your complaint to be properly registered please provide us with the following information:

Your full name, preferred contact method, number and email address

Your postal address, so that communication in writing can be made where necessary

Full details of the complaint including any dealings you may have had with us, or any of the services we provide. We would suggest you advise of what happened, when it happened, who you dealt with if anyone, what you would like further clarification on, why you think what has happened is wrong and what you would like us to do to put things right.

All of the above information will be kept confidential and private, to be used for the sole purpose of investigating and responding to the complaint made. This information will not be provided to any third parties unless absolutely necessary in order to fully investigate the complaint, by lodging a complaint, you are agreeing that this can occur.

People who can complain

• A complaint can be made by either someone who has received services from or relating to Modo Mobi Ltd, or a representative of the above described service user. Where a representative wishes to make a complaint on behalf of someone else, they may be required to provide proof that they have the permission of the service user to make the complaint or query on their behalf.
• After a complaint has been made

Where a complaint is made in person or over the telephone:

A written record of the complaint will be made and kept, which can be provided upon request.

A recording of the phone call will be made where possible

All complaints will receive a response within 5 working days, however if further investigation is necessary before an explanation/resolution can be provided, then we aim to resolve your complaint within 10 working days. In responding to your complaint, we will follow the procedures set out in this policy unless other guidelines are agreed with the complainant, and will ensure that:

You understand how to progress your complaint and are kept informed of this.

You are made aware of the outcome of your complaint promptly

Your complaint and the information you provide to us is treated in confidence

We will tell you what steps we intend to take to remedy any complaint that is upheld.

Complaints should be made as soon as possible after the incident giving rise to the complaint. We do expect all complaints to be current; however we will accept a historic complaint if we are satisfied that:

The complainant can give a valid reason for not making the complaint sooner, and

Despite the delay, it is still possible to investigate the complaint effectively and fairly

It is important for the complainant to be aware that if their complaint involves disputing the use of, or registration to one of our services, they may be required to provide evidence which confirms their claim (E.G. a copy of the mobile phone bill). As with all other personal information, in any instance where the complainant is required to provide additional information or documentation, this will only be used for the sole purpose of investigating and responding to the complaint made, and will be kept confidential and private.

All complainants have the right to refer their complaint on to the appropriate governing body if they are unhappy with the outcome of our investigation, however this referral must be made by the complainant and will not be made by Modo Mobi Ltd on the complainant’s behalf.

All complainants will be given the opportunity to receive an acknowledgement letter or email upon request. This will discuss not only the complaint itself, but the manner in which the complaint has so far been handled and the period in which the investigation of the complaint is likely to be completed.

Once investigations have been completed, upon request, a report can be provided which includes:

A detailed explanation of how the complaint has been considered

The conclusions reached, including any and all remedial action needed, and

Confirmation that any action needed has either already been taken or, if not yet taken, the proposed timescale when such action will be completed

A letter/email will be sent to the complainant where necessary, confirming all of the above information and reminding them of their right to take the matter further if they are unhappy with the outcome.

In circumstances where the response/final outcome of the investigation is not ready within 10 working days we will notify the complainant accordingly and explain the reason why.

Please note that if you are a PayPal customer and our customer service team has offered you a refund (which can take up to 5 working days to process) and you choose to open a dispute via PayPal during this time, we reserve the right to withdraw the refund offered to allow PayPal to investigate into the dispute and provide a resolution.

10. Cancellation

If you optout from the service within 14 days then you have an opportunity to claim a refund for charges of the first two weeks that the service took place within the 14 day period, should you wish to do so. If you wish to do this within 14 days of your entry date, then please contact Customer Services on033 3880 1590.

11. PayPal Weekly Access - General Terms & Conditions

Billing via credit/debit card

11.1. If you have entered after service, after submitting your payment to us via one of our online promotions that uses the credit/debit card billing mechanic, you will receive an email confirming your subscription.

11.2. Your bank account will be billed £39.90 every month after the free trial has ended (if a free trial is applicable at the time of entering) using the day of your original entry as the starting point until you end your subscription. By starting your Byte Binge membership, either by selecting a free trial or making the instant purchase of an account, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the provider service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information).

11.2. Please note that prices and charges are subject to change with adequate notice. Billing event shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. In some cases your billing date may change, for example if your Payment Method has not successfully settled or if your premium membership began on the day not contained in a given month.

12. Cancellation

You may cancel your membership at any time and you will continue to have access to the content service through the end of your monthly billing period. Please note that you must cancel your subscription before it renews each Monthly Period in order to avoid the next billing. To cancel your account you may go to your account settings and choose cancel account. You could also speak to one of our live agents by calling us at 033 3880 1590 or otherwise, you can send us email at [email protected] and a member of our team will get in touch with you within 48 hours.