GSMA Entitlements – Terms of Use
Welcome to GSMA Entitlements (“Platform”). The Platform is operated by GSMA Services LLC, a company incorporated and registered in the State of Delaware, whose registered office is at Suite 910, 3445 Peachtree Road, Atlanta, GA 30326 (“GSMA“, “we”, “our” or “us”).
“You” and “your” means: (i) you personally as a registered user who is authorised to access the Platform in accordance with these terms of use (“Terms of Use”); or (ii) if you access the Platform on behalf of a corporation or other legal entity, such corporation or other legal entity on whose behalf you access the Platform.
These Terms of Use are a legal agreement between you and us regarding the access and use of the Platform. By accessing and browsing the Platform, you agree to be bound by these Terms of Use, the GSMA Privacy Policy, GSMA Anti-trust Policy, GSMA Cookie Policy, other applicable policies (if any) provided by us from time to time (each a “Policy”), and any pop-ups or warnings on this Platform. If you are uncertain about any of these terms, please email Entitlements Helpdesk at [email protected] and we will try to respond to your query as soon as possible.
If you do not agree to the Terms, please do not use the Platform.
The Services
These Terms of Use governs the use of the Platform and, where applicable, your use and access of the entitlement services offered directly or indirectly via the Platform (the “Services”) during the testing and integration period (“Trial”). After the Trial, your subscription and use of the Services will be subject to separate agreement to be entered into you and us (“Services Agreement”). In the event of conflict, the terms of your Services Agreement will prevail over these Terms of Use.
Please reach out to us by emailing Entitlements Helpdesk at [email protected] for more information on each of the Services offered.
Your obligations
In order to use the Platform, you may have to create an account in which we will request various details in order to set up your account and to verify your identity.
You agree to provide such information to us for the purpose of providing access to the Platform and any Services, security access information and configuration services. You shall ensure that any information you provide to us is accurate in all material respects.
You are solely responsible for procuring, maintaining and securing your network connections and telecommunications links from your systems to our data centres on which the Platform resides. You shall ensure that your network and systems comply with the compatibility requirements and relevant specifications provided by us from time to time.
You shall ensure all information provided to us is current, accurate, complete and secure. We shall not be liable for your failure to do so.
You shall prevent any unauthorised access to, or use of, the Platform or Services including by not sharing any passwords, account information or access codes that permit access to and from the Platform and Services with anyone else. You will notify us immediately of any unauthorised access or use of your account. We will not be liable for any losses caused by any unauthorised use of your account.
Acceptable Use
You agree that you will not use the Platform or Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users or access, store, distribute or transmit any content or material during the course of your receipt and use of the Platform or Services that:
- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- facilitates illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual orientation or disability; or
- is otherwise illegal or causes damage or injury to any person or property.
Confidential Information
All information made available to you on the Platform or as part of the Services (“Information”) is proprietary and confidential unless otherwise stated. You must keep confidential all such Information, and must not disclose the Information unless otherwise expressly permitted by us, either in accordance with the terms of your Services Agreement or these Terms of Use. You must ensure that: (i) the Information is clearly marked “Confidential”; (ii) all employees of your organisation preserve the confidentiality of all Information; and (iii) the Information is kept under secure conditions no less rigorous than those used for your own confidential information.
Use of Information
Information can only be used for your internal information purposes in accordance with these Terms of Use and any Services Agreement. Without prejudice to the generality of the foregoing, Information must not be used in a manner which could be considered as being harmful or detrimental to us.
If you intend to use the Information for purposes that are not explicitly allowed in these Terms of Use or your Services Agreement, please contact us at Entitlements Helpdesk [email protected] to discuss.
Personal data
Unless otherwise specified in your Services Agreement, personal data will be handled in accordance with GSMA Privacy Policy and all applicable data protection laws.
Changes to these Terms of Use
We may from time to time make changes to these Terms of Use, the Policy, and any popups or warnings. Any changes will be posted on this Platform and/or notified to you by means of a notice and links to the revised terms.
We will not be liable to you or to any third party in any way for any modification, suspension of discontinuance of all or some of the functions of the Platform or the Services. At our sole discretion, we may limit the accessibility of the Platform and the availability of the Services, whether in whole or in part, to any person, geographic area or jurisdiction from time to time.
Please review these Terms of Use regularly to ensure you are aware of any changes made by us. If you access the Platform, use the Services, or submit or request documents for Services after we notify you of the changes, you are deemed to agree to such changes. If you do not agree to such changes, you are not authorised to access the Platform or use the Services. You must notify us that you no longer wish to do so in writing.
Licences and Intellectual Property
All intellectual property relating to: (a) this Platform; (b) the Services, including without limit, the text, graphics, copyright works and trademarks; and (c) all content (including the Information) provided on the Platform or as part of the Services ((a), (b) and (c) altogether referred to as “Content”), is owned by us (or by our third-party content suppliers). We are the exclusive owner of all rights in the compilation, design, and layout of the Platform.
You may not, and you agree not to, or to enable others to:
- copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify or create derivative works of all or any part of the Content or otherwise reduce to human-perceivable form all or any part of any software made available as part of the Content;
- access all or any part of the Content in order to build a product or service which competes with the Platform or Services;
- use all or any part of the Content to provide services to third parties; or
- licence, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit or otherwise make all or any part of the Content available to any third party.
We expressly reserve all rights in and to the trademarks of the services we offer and all other related service marks, trading names or other trademarks relating to our products and services. Other trademarks, products and company names referenced in the Platform and/or Services may be trademarks of their respective owners or licensors and the rights in such marks are expressly reserved to the respective owners or licensors.
You may not use the logo, name, trade name or other details of us (or our third-party content suppliers) without our prior written consent or as otherwise permitted under these Terms of use or a Services Agreement.
We reserve the right to prohibit links to the Platform, and you agree to remove or cease any link upon our request. You may not frame any part of the Platform, whether by including advertising or other revenue-generating material or otherwise.
Disclaimer
We do not warrant or represent that the Content will be error free, or operate without failure or interruption, or that any communication between you and us will be private or secure. We will not be responsible for any delays, deliver failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet.
Content may be updated from time to time but postings will be made at our discretion and we give no commitment to review past postings to determine if they remain accurate.
You are solely responsible for your use of the Content and any decision or action you take as a result of such use.
Liability
To the extent permitted by law and except as otherwise explicitly stated in a Services Agreement:
- all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of the Content; and
- we will not be liable for, whether in contract or in tort, any damages, losses or expenses (including but not limited to direct, indirect, incidental, special, punitive, consequential, or similar damages (including without limitation lost profits or revenues, loss of use, or similar economic loss)) arising out of or in connection with your access or use of any of the Content.
You agree to indemnify, hold harmless and defend us and our affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorneys’ fees) asserted by any third party due to or arising from or in connection with your use of the Content. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
Third Party Websites
This Platform may contain links to third party websites. These websites have not been prepared by us and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites that this website links to.
Accessing the Platform
We may withdraw, suspend, amend or restrict any part or all of this Platform without notice or liability. Access to this Platform is dependent upon availability of the worldwide web and we accept no responsibility for your inability to access this Platform arising out of circumstances beyond our reasonable control. We may disable your access to the Platform at any time in our absolute discretion including, without limitation, if you have failed to comply with these Terms of Use, the Policy, your Services Agreement or for any our other reasonable requirements including in the event of emergencies or in compliance with any applicable legal requirements.
Jurisdiction and Governing Law
This Platform and content have been prepared in accordance with the requirements of the laws of England. These Terms of Use and any matters or disputes connected with this Platform, or the Services shall, except as otherwise explicitly stated in a Services Agreement, be governed by the laws of England. You and we both agree that the English courts located in London shall have exclusive jurisdiction to resolve any disputes under or in connection with these Terms of Use.
Third party rights
A person who is not a party to these Terms of Use shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any terms of these Terms.
General
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control.
Each of the provisions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens. You must not transfer your rights and/or obligations under these Terms to another person.
Section titles in these Terms are for convenience only and have no legal or contractual effect.
Contacting Us
If you have any questions or concerns in relation to this Platform, the Services or these Terms of Use, please contact us at Entitlements Helpdesk [email protected].