General Terms and Conditions
These General Terms and Conditions ("Terms") apply to all services provided by "Jess Media B.V.", Spoorhaven 44-46, 2651 AV, Berkel en Rodenrijs, Netherlands ("Provider", "we", "us") via its mobile portals, including but not limited to "Funzone" (the "Service").
By subscribing to, accessing, or using the Service, you agree to be bound by these Terms.
1. Scope of Application
1.1. These Terms govern all contractual relationships between the Provider and consumers ("User", "you") who access or use the Service.
1.2. The Service consists of digital entertainment content, including HTML5 games and related mobile content, offered either on a subscription basis or as a one-time purchase.
1.3. These Terms apply exclusively. Any deviating terms proposed by the User shall not apply unless expressly agreed in writing by the Provider.
2. Eligibility and Use
2.1. You must be at least 18 years old or have permission from a legal guardian to use the Service.
2.2. The Service is intended for personal, non-commercial use only.
2.3. Misuse of the Service, including attempts to disrupt, manipulate, or abuse billing or access mechanisms, is strictly prohibited.
3. Conclusion of the Contract
3.1. The presentation of content and services on the website does not constitute a legally binding offer, but an invitation to submit an offer.
3.2. A contract is concluded when you actively confirm your purchase or subscription (e.g. by clicking a confirmation, subscribe, or play button), thereby accepting these Terms and the applicable pricing.
3.3. Upon successful confirmation, access to the Service is granted immediately.
4. Prices, Billing, and Payment
4.1. All prices are displayed clearly prior to purchase and include applicable taxes unless stated otherwise.
4.2. Depending on the Service, billing may take place via:
- Mobile Carrier Billing;
- Direct billing by a payment service provider;
- Another clearly indicated payment method.
4.3. Charges are collected either as a one-time payment or on a recurring basis (weekly, monthly, or otherwise specified).
4.4. Any data or connection costs charged by your mobile network operator are not part of the Service price and remain your responsibility.
5. Subscriptions, Renewal and Cancellation
5.1. Subscriptions are entered into for the period indicated at the time of subscription and will automatically renew for the same period unless cancelled.
5.2. You may cancel your subscription at any time using the unsubscribe method clearly communicated during the subscription flow or on the website.
5.3. Cancellation takes effect at the end of the current billing period. No partial refunds are granted for unused periods unless required by law.
6. Right of Withdrawal
6.1. By purchasing digital content and requesting immediate access, you expressly acknowledge that you waive your statutory right of withdrawal once performance of the contract has begun, insofar as permitted by applicable law.
6.2. This waiver is clearly presented and accepted prior to completing the purchase.
7. Usage Rights
7.1. The Provider grants you a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the Service for the duration of the contract.
7.2. All intellectual property rights remain with the Provider or its licensors.
8. Availability and Changes to the Service
8.1. The Provider aims to offer the Service with reasonable availability but does not guarantee uninterrupted or error-free operation.
8.2. The Provider may modify, update, or discontinue parts of the Service at any time for technical, legal, or business reasons.
8.3. Compatibility with all devices or operating systems cannot be guaranteed.
9. Health-Related Content Disclaimer
9.1. Any (mental) health or wellness-related content provided is for informational and entertainment purposes only and does not constitute medical advice.
9.2. The Provider is not a medical professional and does not diagnose, treat, or prevent diseases.
10. Liability
10.1. The Provider shall only be liable for damages caused by intent or gross negligence, except in cases of injury to life, body, or health.
10.2. To the maximum extent permitted by law, liability for indirect or consequential damages, including loss of data or profits, is excluded.
10.3. Mandatory statutory liability, including product liability, remains unaffected.
11. Data Protection
11.1. Personal data is processed in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).
11.2. Details on data processing, purposes, legal bases, and user rights are described in the separate Privacy Policy, which forms an integral part of these Terms.
12. Termination
12.1. Either party may terminate the contract for cause if continuation of the contract cannot reasonably be expected.
12.2. Termination does not affect accrued payment obligations.
13. Governing Law and Jurisdiction
13.1. These Terms are governed by the laws of The Netherlands, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
13.2. Mandatory consumer protection laws of your country of residence remain unaffected.
14. Final Provisions
14.1. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.2. The Provider may update these Terms from time to time. The most recent version will always be available on the website.