GSMA INTELLIGENCE E-COMMERCE SERVICES
STANDARD TERMS AND CONDITIONS (the “Terms and Conditions”)
Please read these Terms and Conditions carefully before you complete your online purchase. These Terms and Conditions tell you how the GSMA Intelligence E-Commerce Platform services work, how our Terms and Conditions may be updated or terminated, and other important information. By ticking the box marked “I agree to the Terms and Conditions”, (a) you agree to be legally bound by these Terms and Conditions on behalf of you or your company (as applicable), and (b) you have the authority to bind such entity (as applicable) to these Terms and Conditions. GSMA may review and update these Terms and Conditions periodically at its sole discretion. You and GSMA are referred to jointly as the “Parties” and individually as a “Party.”
YOU AGREE THAT:
1. DEFINITIONS
1.1 In these Terms and Conditions, the terms below have the following meanings:
Affiliate means any subsidiary or holding company of an entity, any subsidiary of any of its holding companies and any partnership, company or undertaking (whether incorporated or unincorporated) in which that entity has the majority of the voting rights or economic interest.
Applicable Data Protection Law means any and all applicable privacy and data protection laws and regulations applicable to the Personal Data in question, including, where applicable, EU Data Protection Law (in each case, as may be amended, superseded or replaced from time to time). EU Data Protection Law means: (i) the EU General Data Protection Regulation (Regulation 2016/679) ("GDPR"); and (ii) the EU e-Privacy Directive (Directive 2002/58/EC); and (iii) any national data protection laws made under or pursuant to clause (i) or (ii).
Customer means the entity or individual (as applicable) who has ticked the box marked “I agree to the Terms and Conditions” on the E-Commerce Platform.
Deliverables means the GSMA Intelligence products purchased by the Customer on the E-Commerce Platform.
E-Commerce Platform means the platform for Customers to purchase GSMA Intelligence products via the GSMA Intelligence website, enabling pay-to-play capability.
Effective Date means the point of purchase of products on our E-Commerce Platform.
Engagement Team means GSMA Persons (excluding corporate bodies) involved in delivering the Deliverables.
Fees means the fees payable by you for the Deliverables in accordance with clause 4.
GSMA Group means GSMA, GSM Association, and their Affiliates.
GSMA Intelligence means the mobile industry’s leading data and analysis resource subscription service. It is used by over 800 of the world’s mobile operators, governments and regulators, device and software vendors, equipment manufacturers, financial and consultancy firms. GSMA Intelligence is operated by GSMA.
GSMA Intelligence Platform means the platform for accessing and using the GSMA Intelligence Services located at https://www.gsmaintelligence.com.
GSMA or our or we (or derivatives) means the GSMA contracting party, GSMA Advisory Services Ltd., with its principal office located at 1 Angel Lane, London, EC4R 3AB, United Kingdom.
GSMA Persons means the GSMA contracting party, each and all of our partners or directors, employees and agents, together with any other body associated with us and each and all of its partners, directors, employees and agents and “GSMA Person” shall mean any one of them.
IP Rights means all intellectual property rights which includes, without limitation, moral and financial rights in the following (without limitation): patents, inventions (whether patentable or not), trademarks, copyrights, service marks, brands, images (whether electronic or otherwise), logos, domain names, database rights, design rights and rights in know–how, trade secrets, business methods, processes, formulations, technical data and any other intellectual property rights or proprietary rights in each case whether registered or unregistered and including applications for the grant of any such rights and any and all forms of protection having equivalent or similar effect anywhere in the world and any rights under licences in relation to such rights.
Media Content means content not owned by the GSMA including, without limitation, any video clips and/or articles from external media and information providers, that has been sourced and incorporated in the Deliverables or which are strictly necessary for the use of or to give effect to the Deliverables.
Other GSMA Person(s) means, collectively or individually, GSMA Persons who are not members of the Engagement Team.
Permitted Affiliate means your Affiliate(s) as listed in the Terms and Conditions (if applicable), and who are permitted to use and access the Deliverables under the Terms and Conditions or as otherwise approved by GSMA.
Purpose means that you may only use the Deliverables for internal research purposes; Deliverables are personal to you and may only be shared in accordance with provisions of clause 3.4.
Personal Data has the meanings given in the Applicable Data Protection Law and includes “Personal Information” and “Personally Identifiable Information” as those terms are defined in the Applicable Data Protection Laws.
Term means the period as stated in clause 6.1.
Third Party IP means all IP Rights not owned by the GSMA including, without limitation, any web design tools, that has been sourced and incorporated in the Deliverables or which are strictly necessary for the use of or to give effect to the Deliverables.
You or your means you as the counterparty to the Terms and Conditions.
2. Performance
2.1. The purchase of product(s) on our E-Commerce Platform shall set out the Deliverables to be delivered by us and associated matters and may vary the Terms and Conditions.
2.2 The Deliverables shall be delivered by GSMA with reasonable skill and care and in a professional manner.
2.3 We may form an Engagement Team, to include individuals named by GSMA. We may substitute any who are named for others of equal or similar skills.
2.4 We may supply written advice or confirm oral advice in writing or deliver a final written report or make a final oral presentation. We may also supply oral, draft or interim advice or reports or presentations but in such circumstances our written advice or our final written report shall prevail. No reliance shall be placed by you on anything draft, interim or oral.
2.5 We shall not be obliged to update any advice, report or other product of the Deliverables, oral or written, for events occurring after the advice, report or product concerned has been issued in final form.
2.6 Any advice, opinion, statement of expectation, forecast or recommendation supplied by us shall not amount to any form of representation, warranty, undertaking or guarantee that we have determined or predicted future events or circumstances.
2.7 You agree that, where applicable, all information disclosed or to be disclosed to GSMA, either directly by you or at your direction, is, to the best of your knowledge, or will be, true, accurate and not misleading. You shall promptly inform GSMA upon the discovery of any information which subsequently becomes materially untrue or inaccurate.
2.8 Where applicable, you will promptly provide GSMA with all information and materials in your possession reasonably required to enable GSMA to provide the Deliverables in a timely manner or otherwise in accordance with prescribed deadlines as set out in the purchase of product(s) on our E-Commerce Platform. You will promptly liaise with your own internal stakeholders and any applicable third parties to assist GSMA in meeting the prescribed deadlines as set out in the relevant purchase of product(s) on our E-Commerce Platform. You shall inform us of any information or developments which may come to your notice and which might have a bearing on the Deliverables.
2.9 The timing of our work and its performance will be dependent on all relevant information and documentation and access to personnel being made available to us. We shall use all reasonable endeavours to meet any agreed timetable. If the timetable slips because of delays in making information or documentation or personnel available to us, we may charge additional fees for any work performed outside of the original timetable on the basis set out in the Terms and Conditions.
2.10 Unless otherwise stated to the contrary on the E-Commerce Platform, Deliverables do not include any type of support or services from GSMA in respect of any press activity (including press releases) in connection with the Deliverables. Where you require such additional support or specific services, this is subject to GSMA prior written approvals and additional fees.
3. Ownership and Use
3.1 You acknowledge and agree that all rights, title and interest in the Deliverables and the Deliverables models, processes, methods, system, data, and all related materials, including all Intellectual Property Rights in any of the above, are owned and retained solely by GSMA and its licensors. You are granted no licence or right, whether express or implied, to use any of the above except as expressly set out in the Terms and Conditions.
3.2 GSMA and its Affiliates’ trademarks, service marks, trade names, logos or other words or symbols are and will remain the exclusive property of GSMA and its Affiliates, as applicable. You shall not use the GSMA trademarks or other references to GSMA or the Deliverables (except as set out in clause 3.4) without the GSMA’s prior written consent, and in the case of the GSMA’s trademarks, subject to a separate licence agreement with the GSMA. Without limiting the foregoing, you will not use any GSMA trademarks or trade names so resembling any trademark or trade names of the GSMA in a manner likely to cause confusion or deception.
3.3 GSMA grants you the right to use the Deliverables only for your sole benefit and not for any other party and in accordance with the Purpose, subject to: (i) full payment of Fees to GSMA, (ii) the Third Party IP, (iii) Media Content and (iv) Onward Provision. There are no implied licences granted under these Terms and Conditions.
3.4 The Deliverables may only be shared or disseminated by you when to do so is complementary to the Purpose (“Onward Provision”) and subject to the following conditions: (a) you shall ensure that you refer to “GSMA Intelligence” as the source of the Deliverables (“Citations”) where: (i) all citations must be accurate, quoted verbatim, and/or duplicated without being manipulated, adapted, paraphrased or summarised and they must not be used out of context; (ii) quotes or extracts must not endorse any of your service or product, or criticise a third party’s product service, or be used to play one third party off against another; (iii) a GSMA Intelligence copyright statement (© GSMA Intelligence including the year in which the Deliverables were supplied and / or used (as applicable)) must be affixed to all graphics (diagrams, graphs and/or tables); and (iv) Deliverables are proprietary to GSMA Intelligence and subject to copyright and property protections; and (b) you include a disclaimer stating the following: “This material has been prepared by GSMA Intelligence ((the mobile industry’s leading data and analysis resource operated by GSMA Advisory Services Ltd, the “GSMA”) under instruction from [insert Customer name]. GSMA is not liable for the accuracy of this material when used or relied on by a third party. GSMA accepts no responsibility for errors in the information sourced or provided nor the effect of any such errors on any analysis, suggestions or recommendations”.
3.5 Except as explicitly permitted herein and to the extent it is permitted under applicable law, you shall have no other right to copy, use, disclose, sell, market, commercialise, bundle, license, sub-license, re- license, reverse engineer, reverse compile, modify, disassemble or otherwise distribute the Deliverables or any part thereof to any third party.
3.6 You agree to use the Deliverables in a manner that complies with all applicable laws, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
3.7 You acknowledge that Media Content and Third Party IP (“Third Party Content”) may be included as part of the Deliverables. Should the Parties agree to the use of any Third Party Content in the course of developing the Deliverables, Parties shall, where possible, secure a royalty-free, revocable, non-exclusive, non-transferable, worldwide licence adequate to permit full use of such Third Party Content as part of the Deliverables. The use of such Third Party Content will in any case thereafter be subject to the terms of the licence for use of such Third Party Content, whether entered into by the GSMA or you directly. You are solely responsible for securing the necessary licences for any Third Party Content which you source directly (without GSMA involvement) and request the GSMA to incorporate into the Deliverables.
3.8 The GSMA will assert no rights of ownership in any information you provide to the GSMA with in connection with the Deliverables, but you will allow the GSMA to use and adapt such information as is strictly necessary to provide the Deliverables. You hereby grant to the GSMA a perpetual, worldwide, limited, non-exclusive, non-transferable (except in the case of Affiliates), without the right to sublicense, royalty-free and fully paid-up license to reproduce, perform, display and use such information as part of the Deliverables for its own internal business purposes, know-how and training purposes subject always to the confidentiality obligations set out herein.
3.9 You are solely liable for the release and contents of any material (including, without limitation your website where this forms part of the Deliverables), any public document or any other communication into the public domain (including without limitation, any Deliverables subject to these Terms and Conditions), notwithstanding the fact that the GSMA reserves the right to approve any such material containing its Deliverables or citation prior to its publication. Unless otherwise stated to the contrary on these E-Commerce Platform, GSMA shall be required to provide its written approval or sign off to you prior to the issuance of any such content, the publication of any such document, release of Deliverables, or the issuance of any communication into the public domain.
4. Fees
4.1 You shall pay the Fees as directed by GSMA at the point of booking confirmation. Access to the Deliverables shall only be made available once payment is made via the E-Commerce Platform’s secure online payment process.
4.2 Where you may be entitled to a refund of the Fees paid under these Terms and Conditions, this shall be paid to your original payment method within 30 days from the date your refund was confirmed by GSMA (“Refund”). The provision of a Refund is subject to you providing GSMA all the necessary information required to process the Refund.
5. Knowledge and conflicts
5.1. The Engagement Team shall not be required, expected or deemed to have knowledge of any information known to Other GSMA Persons which is not known to the Engagement Team.
5.2. GSMA Persons and/or the GSMA Group may be delivering services to, or be approached to deliver services to, another party or parties who has or have interests which compete or conflict with yours (a “Conflicting Party” or “Conflicting Parties”).
5.3. GSMA Persons and/or the GSMA Group are and shall remain free to deliver services to Conflicting Parties.
6. Term and Termination
6.1. The Terms and Conditions come into effect on the Effective Date and shall continue unless and until terminated in accordance with this clause 6 (the "Term").
6.2 Either Party may terminate these Terms and Conditions by written notice to the other Party if: (a) the other Party commits a material breach of its obligations under the Terms and Conditions and, where such breach is capable of remedy, cannot be remedied within thirty (30) calendar days of receiving written notice from the aggrieved Party of the breach; or (b) the other Party shall become bankrupt or enter into liquidation or have a receiver appointed of its assets or any part thereof provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either Party.
6.3 Upon your breach of these Terms and Conditions, the licence in clause 3 shall terminate with immediate effect.
6.4 Except as otherwise provided herein, any obligations and duties which either expressly or by their nature extend beyond the expiration or termination of this Agreement, shall survive the expiration or termination of this Agreement.
7. Confidentiality
7.1 Each Party will maintain as confidential at all times, and will not at any time, directly or indirectly disclose or permit to be disclosed to any person, or use for itself or to the detriment of the other Party, any Confidential Information, except: (a) as required by law or regulation; (b) as expressly authorised in writing by the other Party; or (c) as permitted under clause 7.5 below.
7.2 For the purposes of the Terms and Conditions, “Confidential Information” means any information: (a) relating to the terms of the Terms and Conditions; (b) relating directly or indirectly to the research, development, business plans, marketing, operations, finances of either Party; and/or (c) disclosed by either Party to the other Party on the express basis that such information is confidential, or which might reasonably be expected by either Party to be confidential in nature. Materials, content and data received or retrieved by you via the Deliverables is Confidential Information and shall not be used for any purpose other than the Purpose.
7.3 Information will not be deemed Confidential Information and neither Party will have any obligation concerning the use or disclosure of any information which: (a) is or becomes publicly known through no fault of the receiving Party; (b) is or becomes known to the receiving Party from a third Party source other than the disclosing Party without duties of confidentiality attached and without breach of any agreement between the disclosing Party and such third Party; or (c) was independently developed by the receiving Party without the benefit of the Confidential Information.
7.4 Nothing in these Terms and Conditions will prevent either Party from disclosing Confidential Information to the extent it is legally compelled to do so by any governmental or regulatory requirement or any judicial agency pursuant to proceedings over which such agency has jurisdiction; provided however, that prior to any such disclosure, such Party must (i) assert the confidential nature of the Confidential Information to the agency; (ii) immediately notify the other Party in writing of the agency’s order or request to disclose; and (iii) cooperate fully with the other Party in defending against any such disclosure and/or obtaining a protective order narrowing the scope of the compelled disclosure.
7.5 GSMA may: (i) cite the fact that it has performed the Deliverables to its existing and prospective clients (including, without limitation, where GSMA is responding to tender solicitations or delivering pitches); (ii) include your name and logo in promotional literature and case studies, for the sole purpose of indicating its experience, subject to your prior written approval of the way in which such name or logo would be displayed in any such written documentation. GSMA shall only need to seek further written approval from you, once such initial written approval has been obtained, in the event that GSMA wishes to deviate from the language and/or presentation of the name and/or logo as originally approved by you; and (iii) where applicable, unless otherwise stated to the contrary in the Terms and Conditions, reproduce, publish and display the Deliverables for the purposes of creative excellence or professional advancement and be credited with authorship with the Deliverables in connection with such uses and include a link to your website.
7.6 Where the Parties have previously entered into a confidentiality or non-disclosure agreement, the Terms and Conditions shall override the terms of such agreement to the extent there is a conflict between them.
8. Representations, compliance with law and regulations and warranties
8.1 Each Party represents and warrants to the other Party that: (i) it is a duly organized, validly existing, and in good standing as a corporation or as an individual who may be acting on behalf of its company or other legal entity; and (ii) when the purchase of product(s) on our E-Commerce Platform has been executed and delivered by both parties, the Terms and Conditions will constitute the legal, valid, and binding obligation of such Party, enforceable against such Party in accordance with its terms.
8.2 The Parties will comply at all times with all applicable laws, rules, regulations, bylaws and standards. Without limiting the foregoing: (a) the parties will comply with applicable trade sanctions under U.S., United Nations, and any other applicable law, and will not provide access to the Deliverables (whether directly or indirectly) to any individual or organization subject to trade sanctions under U.S., United Nations, or any other applicable law; and (b) each of the parties will comply with all applicable laws, regulations, and codes relating to anti-bribery and anti-corruption including but not limited to the US Foreign Corrupt Practices Act, UK Bribery Act 2010 and will have and maintain in place throughout the Term its own policies and procedures to ensure compliance with such requirements, and will enforce them where appropriate. A breach of this clause 8.2 will be deemed a material breach which is irredeemable for the purposes of clause 6.2.
8.3 You acknowledge and agree that: (i) the Deliverables (and access to the Deliverables) are provided “as is” and without any warranty of any kind, and may consist of material and commentary collected from various sources, public or otherwise; (ii) GSMA Group, its contributors and licensors have no responsibility for the accuracy, currency, completeness or up-to-date of the materials, content and data that form part of the Deliverables or otherwise; (iii) GSMA is an aggregator and provider of information (including opinions) for general information purposes only and do not provide financial, tax and accounting or other professional advice; and (iv) GSMA does not warrant or accept any responsibility for the correctness, merchantability, availability, quality, fitness for any particular purpose, or any third party rights, claims and encumbrances in relation to the Deliverables (and any part thereof) and access to the same.
8.4 Except as expressly stated in the Terms and Conditions, all warranties, conditions and other terms, whether express or implied by statute, common law or otherwise (including but not limited to fitness for purpose) are hereby excluded to the extent permitted by law.
8.5 GSMA is not responsible for any loss, damage or cost resulting from any decisions that are made in reliance on the Deliverables, including financial, legal, compliance and/or risk management decisions. You agree that your use the Deliverables at your own risk in these respects.
8.6 The Deliverables 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 maintain, govern, check, endorse, approve or agree with third party websites that the Deliverables links to. If you decide to visit any linked site, this is at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You shall be responsible for complying with all terms of use of the linked sites.
9. Liability and Indemnity
9.1 Notwithstanding any other provision of the Terms and Conditions, nothing in the Terms and Conditions excludes or limits any person’s liability for: (i) any death or personal injury caused by its negligence; (ii) any fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be excluded under applicable law.
9.2 Subject to clause 9.1, the GSMA’s total aggregate liability under the Terms and Conditions shall not exceed the total sum of the Fees paid and payable by you to GSMA.
9.3 Subject to clause 9.1 and save in the case of any indemnities, your total aggregate liability under the Terms and Conditions shall not exceed the total sum of the Fees paid and payable by you to GSMA.
9.4 Subject to clause 9.1 and save in the case of any indemnities, neither Party shall be liable in relation to the Terms and Conditions for any loss of profits, loss to reputation, loss of contracts, or any indirect, punitive, special or consequential loss or damage.
9.5 You hereby agree to indemnify and hold harmless the GSMA Group from and against any and all claims, actions, demands, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneys' fees and expenses), and liabilities of every kind and character whatsoever, arising from and in relation to: (a) any Third Party Content infringement either: (i) where you used Third Party Content outside of or in breach of the agreed terms of use (as set out in clause 3.7) or; (ii) you have, or had attempted to, decompile, reverse engineer, create derivative works or otherwise disassemble or modify any web design tools comprising any Third Party Content; or (b) any and all claims arising from your breach of clause 3.
10. Data Protection.
10.1 In order to carry out the performance and execution of the Terms and Conditions, you may need to communicate certain personal data to GSMA related or attributed to your representatives and/or employees, such as: email addresses, names and contact details (“Contact Data”). GSMA will treat any Contact Data provided by you in accordance with Applicable Data Protection Law, including the GSMA` privacy policy available at https://www.gsma.com/aboutus/legal/privacy. You will provide the relevant representatives and/or employees with the information about GSMA` privacy policy and will obtain or has obtained the appropriate consents from such representatives and/or employees for GSMA to use these individuals’ Contact Data where required in relation to the Deliverables and the Terms and Conditions.
10.2 No Personal Data is made available to you as part of the Deliverables. Should the Parties agree to the use of any Personal Data in the course of developing the Deliverables, Parties shall discuss and agree in writing the applicable legal and regulatory requirements for privacy protection in the form of an addendum to the Terms and Conditions. These requirements include collection process, data processing, providing the appropriate notices and obtaining necessary consent to receive and use the Personal Data as part of the Deliverables and in compliance with the Applicable Data Protection Law.
10.3 You are solely responsible for securing the necessary consents and permissions (as required under the Applicable Data Protection Law) for any Personal Data which you source directly (without GSMA involvement) and request the GSMA to incorporate into the Deliverables. When this applies, the Parties shall agree such arrangements in writing in the form of an addendum to the Terms and Conditions.
11. Governing law and jurisdiction. The Terms and Conditions shall in all respects be subject to and governed by English law and all disputes arising on any basis from or under the Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.
12.General
12.1 The Terms and Conditions set out the entire agreement and understanding between the Parties in connection with the Deliverables and supersedes any prior representations, communications, undertakings, or discussions relating to the subject matter hereof. No terms in any purchase order or other forms shall apply, even if such purchase order or other forms are accepted by either Party.
12.2 Neither Party shall be liable for any failure to perform or delay in performance of any of its obligations under or in relation to the Terms and Conditions caused by circumstances beyond the reasonable control of that person (which may include but not be limited to one or more of the following: governmental regulations; riot; civil unrest; military action; terrorism; earthquake; disease or epidemic; storm; flood; inability to obtain supplies of power, fuel, or transport; exercise of emergency powers by any governmental authority) (a “Force Majeure Event”). A Party claiming to be affected by a Force Majeure Event will not be entitled to invoke the provisions of this clause to the extent that such Party fails to take all reasonable steps to prevent, avoid, overcome and mitigate the effects of such Force Majeure Event.
12.3 You may not transfer or assign any of your liabilities or rights under the Terms and Conditions to any other person without the prior written consent of GSMA, such consent not to be unreasonably withheld. GSMA may at any time subcontract, transfer or assign any of its liabilities or rights under the Terms and Conditions to any other entity upon written notice to you. We shall have the right to appoint sub-contractors to assist us in delivering the Deliverables.
12.4 Nothing in the Terms and Conditions is intended to create a partnership or joint venture of any kind between the Parties, or to authorise any Party to act as agent for the other.
12.5 Except as expressly stated otherwise in the Terms and Conditions, each Party shall bear full and sole responsibility for its own expenses, liabilities and costs of operation.
12.6 The failure of either Party to enforce any provision of the Terms and Conditions shall not be deemed a waiver of that or any other provision of the Terms and Conditions.
12.7 If any provision contained in the Terms and Conditions is determined to be invalid or unenforceable, in whole or in part, the remaining provisions and any partially enforceable provision will, nevertheless, be binding and enforceable, and the Parties agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision.
12.8 The Terms and Conditions may not be varied, modified, altered, or amended except by agreement in writing by the Parties’ duly authorised representatives.
12.9 Neither Party shall either during the Term or within six (6) months following termination or expiry of the Terms and Conditions, directly or indirectly solicit or entice away (or attempt to solicit or entice away) from the employment of any person employed or engaged by the other Party or otherwise connected directly or indirectly with the Terms and Conditions other than by means of a generic public advertising campaign not specifically targeted at any of the staff of the other Party.
12.10 We aspire to embed in our culture the attributes that we feel distinguish our brand and contribute to the difference that you experience when you engage GSMA. We may invite you to provide feedback on our performance so that we can measure to what extent we meet our goals.
12.11 No person who is not a Party to the Terms and Conditions shall have any right under the Contracts (Rights of Third Parties) Act 1999 (UK) or otherwise to enforce any term of the Terms and Conditions. We and you may rescind or vary the Terms and Conditions without anyone else’s consent.
12.12 Where you have access to GSMA Intelligence dashboards and research subscription service, such access can take the form of either a restricted complimentary access subscription (in accordance with the terms of use available at https://www.gsma.com/aboutus/gsmaintelligence-terms-of-use) or an unrestricted paid corporate subscription (in accordance with the terms of the applicable subscription agreement entered into between you and GSMA).
12.13 Unless specifically stated otherwise in the Terms and Conditions, any notice required to be given pursuant to the Terms and Conditions will be directed:
(a) If to GSMA: GSMA Advisory Services Ltd., Attn: General Counsel, 1 Angel Lane, London, United Kingdom, EC4R 3AB; with an advance copy to [email protected].
(b) If to You: To the address stated on the E-Commerce Platform and contact details in your customer account details, as updated in writing by you from time to time.
Any notice required to be given pursuant to the Terms and Conditions will be deemed to be properly given immediately upon delivery.
12.14 The Terms and Conditions are written in English. To the extent any translated version of the Terms and Conditions conflicts or is inconsistent with the English version, the English version shall prevail.
12.15 Each Party agrees that by ticking the box marked “I agree to the Terms and Conditions” the Terms and Conditions shall be in full force and have the same force and effect as manual signatures.
