The service provider (hereinafter “Organiser”) and entity providing the Service is: MediaXO Ltd,
Christaki Kranou, 50B Potamos Germasogeias, 4042, registered in the commercial register in Limassol,
Cyprus under ΗΕ 412714 with VAT ID NIP 10412714A, www.mediaxo.com, email: support@mediaxo.com
Value Added Services and the Service specified in the T&C are intended for users of mobile phones
or other devices with functionalities described in the T&C or on WWW pages or in other materials relating to the Service. The User should be authorised to use a mobile phone within a scope permitting him/her to use Services. The Service can be used by Users with an active SIM card, whose mobile phones or other devices are compatible with Android and iOS.
Every User upon joining XO Learn shall acknowledge the T&C, which sets forth the current
terms and conditions of the Service.
The terms and conditions of XO Learn and Value Added Services as set forth herein, relate to personal,
non-commercial use (e.g. for the purpose of business activities). The User shall use the Service in
accordance with the prevailing law.
Whenever the following terms are used in the T&C, they shall be understood in the following manner:
a. SMS (Short Message Service) – means a short text message consisting of no more than 160 characters (letters, digits, special signs), which can be sent to any mobile phone, comprising the contents entered by the sender and allowing for identifying the sender’s mobile phone number.
b. Registration means an order (activation) of the Service prior to which the User obtains information about the Service and expresses relevant consents in manner described in Art. III below, and the Service is activated through the Activation Page to which the user will be redirected. In order to place an order, the User must read the content presented on the Activation Page and follow the instructions indicated on it. If you activate one-time access, access will expire after 1 week. In case of Services with a cyclical character (subscription), the User goes through the content order process only at the first time when ordering the Service. Access to the Service will be extended automatically in subsequent cycles until deactivation. Registration to the Service is tantamount to acceptance of the Regulations and the Privacy Policy. After registration to the Service, the User will receive a free welcome message confirming that the registration to the Service has been successful.
c. The XO Learn Service is provided as a cycliclal service.
d. The Service consists of unlimited access to the portal with the e-learning videos at https://xolearn.com/, defined in the Art. II section 1 of the T&C.
e. Multimedia Objects – mean all types of digital content of a multimedia/entertainment character, not supplied on a tangible medium, including digital products, which may be available within the Services, including: wallpapers, images, music/Mp3, videos, etc. Multimedia Objects include materials protected by law, including copyrights and industrial property rights, in particular trademarks and works. The provisions regarding Multimedia Objects apply to other contents, respectively, if such contents are available within the Service in accordance with Art. II section 1 of the T&C, unless required otherwise under the T&C or due to the features of such contents. The download of a Multimedia Object and access to the Service is possible directly from the web page confirming the activation of the service.
f. An internet connection is necessary to use the multimedia content received as part of the Service. Data transmission charges are not included in the service fee. If the use of the Service requires the User to download data using GSM transmission, these fees will be charged by the Operator in accordance with the current price list of the contracted Operator.
g. User – means an adult individual, using the Service under the T&C; individuals with limited legal capacity can use the Service on condition that a statutory representative of such individual consents to such use and individuals without legal capacity – on condition that their statutory representative acts on their behalf.
h. WAP (Wireless Application Protocol) – means an international standard for the delivery of Internet messages and advanced phone services via mobile phones and other digital terminals.
i. Operator – means a telecommunications entrepreneur in the understanding of the Telecommunications Law, who conducts business activities comprising the delivery of public telecommunications networks, accompanying facilities or delivery of telecommunications services, for whose subscribers the Services are available.
j. The Multimedia Objects made available to the User within the scope of the Services relates to digital content not supplied on a tangible medium.
II. REGISTRATION AND ACCESS TO THE SERVICE
In order to use the Service, the User must place an order / register on the on WWW Page or WAP page (hereinafter “Activation Page” to which the User will be redirected. The User must read the content presented on the Activation Page and follow the instructions indicated on it. Registration in the Service is tantamount to acceptance of the Regulations and the Privacy Policy.
Immediately after placing the order, the User is presented with the order confirmation page and with the option to go directly to the portal.
In addition, in case of a subscription service/cyclical access also immediately after placing the order, the User receives a welcome SMS message confirming that the activation of the access service was successful, T&Cs of the Service, price and instructions on how to deactivate the Service.
Within the scope of the Service, the User shall receive unlimited access to the portal with educational videos.
The fee will be added to the account with the User’s Operator (subscription phone) or deducted from the account balance (prepaid phone).
An internet connection is necessary to use the multimedia content received as part of the subscription. Data transmission charges are not included in the service fee. If the use of the Service requires the User to download data using GSM transmission, these fees will be charged by the Operator in accordance with the current price list of the contracted Operator.
III. FEES IN XO LEARN
The User shall be charged with a fee for receiving access within the Service activated by him according to the above mentioned frequency.
The STOP SMS can be sent only from the User’s MSISDN from which the Service was activated or from the MSISDN indicated on WWW Page or WAP within the registration process.
Fees are charged by Operators. The method and dates of payment depend on the content of the agreement for delivery of telecommunications services between the User and the Operator and are subject to the terms of such agreement.
Fees for the Services do not include fees of WAP connections, if it is necessary for the User to download data using WAP transmission to be able to use the Service. Fees for WAP connections shall be charged by the Operator apart from the fees for the Services according to the current pricelist of the Operator.
IV. RIGHT OF WITHDRAWAL
In principle, the User has the right to withdraw from the agreement relating to the Service within 14 days without giving any reasons, this calculated from the day of the conclusion of the agreement.
The User, however, loses this right of withdrawal in the event that:
a. the agreement concluded relates to the delivery of digital content not supplied on a tangible medium,
b. the User requests the immediate delivery/performance of the digital content prior to the end of the 14-day withdrawal period, and is informed by the provider of such content that in this case, they will lose their right of withdrawal.
V. OTHER RULES REGARDING USE OF XO LEARN AND VALUE-ADDED SERVICES
In order to use the Service and download the Multimedia Object by the User (or to use other contents available within the Service), the User shall:
a. ensure that the phone device to which the Multimedia Object is received, downloaded or played by the User, is properly set up (in particular data transmission of WAP Push reception options are enabled),
b. ensure - before downloading a Multimedia Object - compatibility (interoperability) of the Multimedia Object with the phone’s model to which the Multimedia Object is received, downloaded or played and if the Service involves any limitations in this respect, the User shall be informed about such limitations in an explicit manner before ordering the Service,
c. ensure that the User’s device has sufficient free memory necessary for downloading, installing and playing a Multimedia Object selected by the User.
VI. SERVICE QUALITY AND COMPLAINTS
The Organiser warrants that the Services, including Multimedia Objects, shall be available to the User in due manner and free of any defects.
The Organiser shall be liable for the diligent performance of the Service upon the terms and conditions as set forth in the Civil Code.
Complaints shall be considered by the Organiser immediately. Complaints must be lodged by email to: support@mediaxo.com or in written form to the address of the company’s office with a note “Complaint – XO Learn”.
To streamline the process of lodging and considering complaints, the complaint should specify MSISDN, short description of the problem and the User’s particulars allowing for contacting him/her (including name and surname, postal address or email).
The Organiser shall respond to the User’s complaint to the email or by post to the address as indicated by the User in the complaint.
VII. FINAL PROVISIONS
In connection with the functioning of the Service, the Organiser shall keep in his databases the MSISDN of the mobile phone from which a call has been made for a period as required by relevant provisions of law, in particular for a period which allows for considering the complaints lodged or other claims concerning the Service. The Organiser cannot identify the User through his/her MSISDN.
If the User provides his/her personal data, such data shall be processed by the Organiser in accordance with applicable data protection laws, including the Personal Data Protection Act. The controller of the Users’ personal data is the Organiser.
Disputes, if any, arising out of the Service agreement shall be resolved by a competent common court. If the User and the Organiser agree, the dispute can be resolved outside the court, in particular by a regular consumer arbitrary court as agreed by the Parties.