Terms & Conditions

Method of Entry

Users may join the service, where available, via:

• This website
• SMS
• The mobile internet

Access

DownloadExy is a [Subscription/One-off] service. By placing an order with us, you warrant that you are 18 years of age or older and that you are either the bill payer or have the bill payer’s permission. The service is provided by Gomobee LTD. You will be charged [PRICE/FREQUENCY], and your subscription will renew automatically until you cancel. These charges will be deducted from your prepaid balance or added to your monthly mobile bill. You can also unsubscribe online via our website. Operator data charges may apply as per your plan. By signing up for and/or using the service, you acknowledge and confirm that you have read and understood these Terms and Conditions and our Privacy Policy, that you are a resident of [COUNTRY], that you are 18 years of age or older, and that you are the mobile account holder or have consent from the mobile account holder. These Conditions apply to all services provided by DownloadExy unless stated otherwise. None of these Conditions affect any rights or obligations imposed under the Law.

Cancellation

To unsubscribe, text STOP [KEYWORD] to [SHORTCODE]. This text message is not case-sensitive; however, any other variation of this text may not be accepted (e.g. “Please stop”). Please only consider the service successfully stopped once you have received a FREE text message confirming “You have been removed from DownloadExy”. If you have not received this text message, please contact us at help@gomobee.xyz to confirm that your subscription has been cancelled.

Direct Carrier Billing Monthly Access: General Terms and Conditions

By giving us your mobile number through the internet, online adverts or any other promotion, you will gain entry to the selected service. You agree that any information you provide through our website or otherwise is true, accurate and complete, and that you will keep it accurate and up to date at all times. We reserve the right to request verification of your age, identity and contact details. You will be billed via carrier billing (dependent on your network). If you have entered via the internet, you will be required to enter your mobile number and then click the subscribe button to start your subscription to the DownloadExy service. You will then be asked to verify your subscription by entering the PIN code sent to your mobile phone by text message. It is very important that you respond as indicated, as this is the point at which you gain access to the DownloadExy service and portal. Once you have responded as requested and validated your subscription, your access to the service begins. You will receive a free text message confirming how to unsubscribe and how to contact us. You will have access to the DownloadExy site for 30 days from the date of your last renewal; therefore, your remaining access after unsubscribing will depend on where in this 30-day period you cancel your subscription. The first month’s billing message will be sent to your mobile phone shortly after you confirm your subscription. After you sign up to the DownloadExy service, you will gain access to the DownloadExy portal for [PRICE/FREQUENCY].

Continuation of General Terms

Should a mobile network operator encounter failed delivery attempts of a premium message before a user sends the STOP command, the network may still attempt to redeliver the failed message even after the STOP command has been sent to the promoter. Users understand and accept that the promoter has no control over this. However, the promoter will ensure that no new premium messages are generated after receipt of a valid STOP command. All STOP commands are answered with a free text message confirming the STOP command and the cancellation of the subscription, as explained in the Cancellation section of this page. Please email us at help@gomobee.xyz with any comments regarding our service. You can also use this address to request an unsubscription from the service. DownloadExy reserves the right to modify or discontinue, temporarily or permanently, the services and subscription provided to you. Subscription fees will apply regardless of whether or not you use your subscription or access the service, as DownloadExy will continue to provide you with access to the site and service throughout this period. DownloadExy reserves the right to modify or change any products or services as required to improve range and availability. We recommend that you check the site regularly for updates to the services on offer. Subscription charges will continue to apply unless and until you text STOP [KEYWORD] to [SHORTCODE].

Our Liability

The liability of the promoter and its managing company shall be limited to the amount of the charges actually paid. We shall not be liable:

• for any loss or damage that we could not reasonably have been expected to foresee at the start of the agreement, or for any loss of or corruption to data, systems or equipment; or
• for the actions of any independent third parties, including mobile network operators, or for any circumstances beyond our reasonable control that may prevent or interrupt the service.

Products and Services

Our products and services are provided via this website, and no physical copies are provided. All of these products are subject to copyright protection and must not be copied or distributed. These products and services are the property of DownloadExy. By joining the service, you will be provided with a DownloadExy account and granted a licence to access the products and services, subject to these Conditions. These products and services are not sold to any user who has a DownloadExy account. The customer has no right to copy, distribute, share, edit, sell or modify the products in any form. DownloadExy may encrypt any of this information to protect our products and services.

Site Conditions of Use

You must not:

• Copy, distribute, adapt, share, edit or modify this site, or transfer any part of it
• Do anything that may place an unreasonable or disproportionate load on the site, or that disrupts the functions of the site
• Make any modifications to the site, or test, scan or circumvent the security of the site
• Use the site or its content in any way that breaches the rights of DownloadExy or any third party
• Use the account of another customer, or impersonate another customer when using the site
• Knowingly transmit any virus, worm, defect, Trojan horse or any other malicious code to the site for any reason
• Use any method to create accounts automatically or under fraudulent pretences

Assignment

DownloadExy reserves the right to assign the agreement to and acceptance of these Terms and Conditions, in whole or in part, at any time without notice. The user may not assign any of their rights or obligations arising from their agreement to and acceptance of these Terms and Conditions.

Contact

DownloadExy is a brand name of the promoter, Gomobee LTD. Correspondence address: Gomobee LTD Mindo, 113, Mdina Road Qormi, QRM 9016 Malta Email: help@gomobee.xyz

Changes to These Terms and Conditions

We aim to meet high standards, and our policies and procedures are therefore constantly under review. From time to time, we may update our Terms and Conditions and Privacy Policy to optimise the user experience and to comply with legal and regulatory obligations. Accordingly, we recommend that you check these pages periodically to review our current policies.

Complaints Procedure

We always do our best to meet the needs of those who contact us, but we appreciate that sometimes you may not be happy with the service provided. If you would like to make a complaint about the contact you have had with us or the service you have received from us, this policy sets out the process to follow. All complaints will be dealt with appropriately and investigated by a member of staff with sufficient seniority to resolve the issue. While dealing with your complaint, we promise to treat you with respect at all times, and in turn we expect the same behaviour towards our staff. Most complaints can be handled and resolved at the first point of contact, but this is not always possible. We aim to complete all investigations and resolve all complaints within 10 working days of the complaint being made.

How to Make a Complaint

All complaints can be made by email to help@gomobee.xyz. For your complaint to be properly registered, please provide us with the following information:

• Your full name, phone number and email address
• Your postal address, so that we can communicate in writing where necessary
• Full details of the complaint, including any dealings you may have had with us or any of the services we provide. We suggest you tell us what happened, when it happened, who you dealt with (if anyone), what you would like further clarification on, why you think what happened is wrong and what you would like us to do to put things right.

All of the above information will be kept confidential and private and will be used solely for investigating and responding to your complaint. This information will not be provided to any third parties unless absolutely necessary to fully investigate the complaint. By lodging a complaint, you agree that this may occur.

Who Can Complain

A complaint can be made by anyone who has received services from or relating to Gomobee LTD, or by a representative of that service user. Where a representative wishes to make a complaint on behalf of someone else, they may be required to provide proof that they have the service user’s permission to make the complaint or query on their behalf.

After a Complaint Has Been Made

All complaints will receive a response within 1 working day. If further investigation is needed before an explanation or resolution can be provided, we aim to resolve your complaint within 10 working days. In responding to your complaint, we will follow the procedures set out in this policy unless other guidelines are agreed with you, and we will ensure that:

• You understand how to progress your complaint and are kept informed
• You are made aware of the outcome of your complaint promptly
• Your complaint and the information you provide are treated in confidence
• You are told what steps we intend to take to remedy any complaint that is upheld

Complaints should be made as soon as possible after the incident giving rise to the complaint. We expect all complaints to be current; however, we will accept a historic complaint if we are satisfied that:

• The complainant can give a valid reason for not making the complaint sooner, and
• Despite the delay, it is still possible to investigate the complaint effectively and fairly

If your complaint involves disputing the use of, or registration to, one of our services, you may be required to provide evidence that confirms your claim (e.g. a copy of your mobile phone bill). As with all other personal information, any additional information or documents you provide will be used solely for investigating and responding to your complaint and will be kept confidential and private. All complainants have the right to refer their complaint to the appropriate governing body if they are unhappy with the outcome of our investigation. This referral must be made by the complainant and will not be made by Gomobee LTD on the complainant’s behalf. All complainants can receive an acknowledgement letter or email on request. This will cover not only the complaint itself, but also how the complaint has been handled so far and the period within which the investigation is likely to be completed.

Once a Complaint Has Been Dealt With

Once investigations have been completed, a report can be provided on request, which includes:

• A detailed explanation of how the complaint has been considered
• The conclusions reached, including any remedial action needed
• Confirmation that any action needed has already been taken or, if not yet taken, the proposed timescale for completing it

Where necessary, a letter or email will be sent to the complainant confirming all of the above information and reminding them of their right to take the matter further if they are unhappy with the outcome. If the response or final outcome of the investigation is not ready within 10 working days, we will notify the complainant and explain why.