Terms and Conditions

  1. Scope

These general conditions are an integral part of any agreement between JessMedia.nl, with its office at Spoorhaven 44-46, 2651 AV Berkel en Rodenrijs, Netherlands (hereafter referred to as ‘the Supplier’) and the users of the Supplier’s services. Legal successors of both JessMedia B.V. and the user are bound by these terms and conditions.

JessMedia B.V. provides users the opportunity to access and use the content available on various websites, such as gamsai.com, on their mobile devices (mobile phones) for a fee. These general conditions govern all agreements to be concluded between the parties.

These terms and conditions are exclusively applicable to users.

JessMedia B.V. offers its services strictly in accordance with these general conditions.

By accessing and using JessMedia.nl’s services, the user agrees to these terms and conditions.

  1. Conclusion of the Contract

The display of services on JessMedia’s domains constitutes an invitation to the user to make an offer, rather than a binding offer from JessMedia.nl.

A contract is established when the user activates the confirmation or read button on their mobile device after accessing JessMedia’s services, thereby enabling the use of these services.

After installing the necessary access, the user can immediately utilize all services offered on the gamsai.com website through their mobile device.

  1. Payment Terms

The prices communicated to the user are inclusive of statutory VAT and are valid for the specified period, relating only to the grant of access to JessMedia’s services. Connection costs incurred while accessing the services are separate and will be billed by the user’s mobile digital telephone operator.

Payments for using JessMedia’s services are due immediately upon contract acceptance and are non-refundable. These payments will be collected via the user’s mobile digital telephone operator’s regular billing process, on behalf of JessMedia.nl.

  1. Rights of Use

The user is granted a non-transferable, time-limited right to use the services, restricted to the duration of the contract and the scope of services provided by JessMedia B.V..

  1. Accessibility

JessMedia B.V. guarantees an average annual availability of its services at 99.5%. If this level of availability is not met, users have the right to a proportionate reduction in charges. This reduction is limited to the amount payable by the user during the period of unavailability.

JessMedia.nl strives to ensure that its services are accessible according to current technical market standards. However, there is no guarantee that all currently available mobile devices can access these services.

  1. Limitation of Liability / Waiver of Liability

JessMedia is liable for damages not involving injury to life, body, or health, only if they result from intentional or grossly negligent acts by JessMedia, its employees, or agents. This also applies to damages arising from breaches of duty during contractual negotiations and from unlawful acts. All other liability for damages is excluded.

The provisions of paragraph 5 and the Defective Product Liability Act remain unaffected.

  1. Privacy Policy

JessMedia processes user data in compliance with data protection laws.

User data is used solely for managing contracts, especially for billing purposes.

Data required to be retained for legal reasons will be locked after full contract execution, making further use unavailable. Personal data will be deleted unless the user explicitly agrees to further processing and use.

For further information or requests for data deletion, users can contact support via the provided support email address.

  1. Duration of the Contract

The contract duration is as specified at the time of conclusion. It will automatically renew for the same period unless a formal termination is submitted. For termination, users must follow the unsubscription procedure outlined by JessMedia post-contract.

Notwithstanding the above, there is provision for extraordinary termination for significant reasons.

  1. Applicable Law / Final Provisions

International treaties on the sale of movable tangible goods, which can be excluded between parties, do not apply. Specifically, the application of the Vienna Sales Convention 1980 (CISG 1980) is excluded.

If a customer acts on behalf of others, they are liable to JessMedia as if they were the customer themselves, without prejudice to the liability of others.

Should any provision of these general terms and conditions be void or invalid concerning the customer, a valid provision that most closely approximates the void or invalid provision will apply instead.

All disputes between JessMedia.nl and the customer will be settled exclusively by the competent court in the Netherlands.

Dutch law exclusively governs all agreements concluded by JessMedia.