ARTICLE 1 – INTRODUCTION
1.1. The website at cool4mob.com (‘Website’) is operated by Crosmo B.V. (‘Crosmo’ which includes its subsidiaries
and related bodies corporate), having its registered office at H.J.E. Wenckebachweg 200; 1096 AS; Amsterdam, and
which is registered at the Chamber of Commerce under registration number: 54535093
shall together be referred to as the ‘Terms and Conditions’) available on the website at cool4mob.com (the ‘Website’),
govern use by customers of the Website and also apply to and form part of all offers for the digital and other services
made by Conversion Traffic for delivery via the networks of mobile communication operator (‘the Operator’), for which
the customer has taken out a subscription (‘Mobile Subscription’). The digital and other services provided online by
Conversion Traffic include games and text messages that are delivered via an Operator’s network, inter alia by Short
Message Services (‘SMS’), General Packet Radio Services (‘GPRS’) and/or Third Generation Services (‘3G’) to a
customer’s mobile telephone (which shall together be referred to as a ‘Message’). The Content Services are offered
either as individual downloads, or, in the case of a Mobile Subscription as a bundle of credits which can be used to
access a set number of downloads.
1.3. The Terms and Conditions apply to a customer as soon as they use the Website or commence a Mobile
Subscription and doing so implies that the customer accepts and agrees to be bound by the Terms and Conditions.
1.5 Conversion Traffic may vary the Terms and Conditions from time to time by giving reasonable notice to the
customer and/or making the varied Terms and Conditions available on the Website. The customer’s continued use of
the Website and/or Mobile Subscription indicates that the customer accepts and agrees to be bound by the varied
Terms and Conditions. Customers that do not agree with the Terms and Conditions should not use the Website or a
Article 2– Costs
2.1. The costs (‘the Costs’) for (i) Mobile Subscriptions and (ii) one-off orders will be charged by the Operator, or, in
case of a Mobile Subscription debited from the customer’s credit or debit card by the Operator . The customer gives
express authorisation for this purpose and warrants that the Costs can be collected in this manner.
2.2 Costs can be charged for every Message that is sent or received by the customer, depending on the type of
Message and the customer’s agreed terms with the applicable Operator. For example, the standard costs for sending
SMSs as indicated by the Operator is applicable to all SMSs that are sent and received pursuant to the Content
Service and/or Mobile Subscription (and in addition to the costs charged to access the Content Services or under the
Mobile Subscription). A one-off registration charge may also apply for subscription to a Mobile Subscription. More
information about the rates and payment method for the use of the service in a particular country can be found under
the FAQs and/or the Users’ Terms and Conditions.
Article3 – Price Adjustments
3.1. Conversion Traffic may implement price adjustments for access to the Services in which case Conversion Traffic
will give notice on the Website. Existing customers will also receive notice by SMS (at no cost) one month before the
price adjustment. If customers continue using the services of Conversion Traffic or register a Mobile Subscription
after the date on which the price alteration is introduced, the alterations will be regarded as accepted. A customer that
does not accept the new costs may cancel the Mobile Subscription or account.
Article 4 – Termination and Cancellation
4.1 The methods of terminating the delivery of the Service are stated under the Users’ Terms and Conditions. The
Service can only be terminated in the manner as set out in the Users’ Terms and Conditions.
4.2 The customer’s Mobile Subscription will only be terminated, if he or she receives an SMS confirming the
4.3 Conversion Traffic may immediately terminate the provision of Services if:
(a) the customer does not pay within the period applied by the Operator; or
(b) Conversion Traffic:
(i) Has reason to believe that the customer is acting or has acted in breach of the Terms and Conditions; or
(ii) Has expressly been asked by the Operator to do so; or
(c) Laws, rules, guidelines or government action makes the service fully or partially unlawful or impractical; or
(d) The customer adversely affects or threatens to adversely affect the integrity or functionality of Conversion Traffic
network, or the provision of the Service or Mobile Subscription in any way.
4.4 Conversion Traffic bears no liability, to the extent permitted by law, to the customer and/or third parties in
connection with the termination or cancellation of delivery of the Service.
Article 5 – Intellectual property and use
5.1 All right, title and interest including copyright, patents, trademarks, drawings, models and/or other intellectual
property in or to the Services and/or the Website are owned by Conversion Traffic (or its related entities, suppliers or
5.2 Unless Conversion Traffic explicitly states otherwise, the customer is not permitted to reproduce, change,
execute, transfer, distribute, sell, use for derived products, modify, copy, display, republish, license, communicate,
disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or in
any other way use content on the Website or the Services or any element of the intellectual property therein, without
Conversion Traffic prior written consent for this purpose.
5.3 The customer hereby indemnifies and will continue to indemnify Conversion Traffic and its directors, employees,
suppliers and licensors against all damages, actions, claims, demands, liabilities and costs (including legal costs)
arising brought against, suffered or incurred by them as a result of the breach or non-observance by the customer of
its obligations, undertakings or warranties in these Terms & Conditions including due to an infringement of intellectual
property of Conversion Traffic or third parties, in breach of the Terms & Conditions, or otherwise arising from the
unauthorised use of the Website or the Services.
6.1. Use of the cool4Mob Services and the Website is at the customer’s sole risk. While Conversion Traffic strives for
the undisrupted provision of the Website and Content Services, Conversion Traffic makes no representations or
warranties that the Website or Services will meet the customer’s requirements or that downloading, receiving and/or
consulting the Website or Services will remain undisrupted or error-free.
6.2 The customer recognizes in connection with mobile telecommunication services that the ability to make a
connection, maintain a connection and the quality of a connection is not the same or adequate at every time and
place and that the Services may be adversely affected or become temporarily unavailable because of interference
caused by physical factors (tunnels, mountains, buildings, etc.), adaptations or maintenance to the Operator’s
6.3 If the customer is unable to enjoy undisrupted use of the Services at any time due to a failure in accessing or
using a mobile communications network, this will not entitle him or her to a price reduction or to a refund.
6.4 To the fullest extent permitted by law, Conversion Traffic disclaims all warranties of any kind and all liability for
damage, such as but not limited to the infection or corruption of the hardware and/or software used by the customer,
resulting from access to the Website or the use of the Services, which includes the downloaded Services and the
hardware and software needed to make a connection. The customer must take his or her own measures to avoid
6.5 The content of the Website has been compiled with the greatest care. However, Conversion Traffic can give no
guarantees as to the nature or accuracy of that content. Conversion Traffic is not liable for any errors, inaccuracies,
misunderstandings, delays or unclear transmissions of orders and statements due to the use of the Internet, or for the
content on the Website.
6.6 The customer may not send any Messages (or use the Website to transmit or post any message, information,
software, images or other materials)) that are infected and/or corrupted, unlawful, harmful, threatening, vulgar,
degrading, defamatory, hateful, or that infringe privacy or which are objectionable in any other way by way of the
Content Service or the Website, .
6.7 The customer must be at least 18 years old in order to use the Services or subscribe to a Mobile Subscription. If
the customer is not responsible for paying the mobile telephone account issued by the Operator or is younger than
18, we require consent from the party who pays the mobile telephone account (your parents, guardian, employer,
etc.) before the customer may register and/or participate in the Service or Mobile Subscription. By registering and/or
participating in the Service or a Mobile Subscription, Conversion Traffic assumes that the customer has obtained the
necessary consent, agreement or approval from the payer of the mobile telephone account, guardian, parents, etc.
6.8 The Website may contain links or other connections to websites operated by parties other than Conversion
Traffic. The provision of such links does not imply any endorsement of the material on them, or any association
between Conversion Traffic and their owners and operators. The links are provided for convenience only and any
customer who uses a link does so entirely at its own risk.
6.9 The use of the Cool4Mob Services, the Agreement and the Website are subject to the laws of the country in
which the campaign takes place. The failure of Conversion Traffic 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 endeavor 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.
(a); Any and all disputes shall be resolved before a competent court in Singapore.
(b) Conversion Traffic accepts no liability for any loss, damage, cost, loss of profits, anticipated savings, wasted
expenditure, goodwill or any type of special, indirect or consequential loss (“Loss”) whether suffered by the customer
or by any third party and whether or not Conversion Traffic was aware that such Loss was possible or such Loss was
otherwise foreseeable, whether such Loss arises from any representation, recommendation or advice made or given
in relation to the Mobile Subscriptions, or the failure by Conversion Traffic to observe and fulfill its obligations under
these Terms and Conditions or otherwise
Article 7 – Data Processing
7.1 Conversion Traffic gathers and processes certain personal information and traffic data of the customer.
viewed and downloaded on the Website. Conversion Traffic observes the relevant privacy laws and regulations in this
regard. As an international company, Conversion Traffic and its affiliated companies work increasingly beyond the
borders of a single country.
Updated 25 August 2016