Next Battle > T&C

General Terms and Conditions

Welcome to Triple Tonic B.V. at "the Website". Please read these Terms and Conditions ("the Terms and Conditions") carefully. Please note that the Services covered under this Agreement may only be cancelled on the basis of these Terms and Conditions after the provision of such Services has commenced. If you do not agree to these Terms and Conditions, you should not proceed with this website, registration or any other attempt to access or use the Services covered by these Terms and Conditions. Otherwise, you agree to use the Services on the terms and conditions set forth in this Agreement. From time to time it may be necessary to amend these Terms and Conditions and any such amendments will be made on the basis of these Terms and Conditions. Please check this website regularly as we will notify you here of any such changes.

1. Description and nature of the services

Triple Tonic B.V. ('Company', 'We') has developed a range of downloadable mobile entertainment content, both online and wireless, such as, but not limited to, ringtones, games, wallpapers and SMS services, for certain compatible mobile devices (collectively referred to as 'the Services'). These Services are offered to you by: Triple Tonic B.V. Pelmolenlaan 16-18, 3447 GW Woerden, The Netherlands

The Services are provided to you on the basis of these Terms and Conditions. The Services include access to information, data, text, software, music, sounds, photographs, graphics, video, messages or other materials. The Services are not intended to provide tax, accounting or legal advice, advice on the suitability or profitability of any security or investment, any health or medical advice, or any other advice of a personal or private nature. The Services may also include access to content and services provided by independent third parties. After proper registration and payment, you may download or otherwise use the Services through compatible mobile phones and other compatible devices. The Company provides its Services through an ongoing subscription model. More detailed information regarding the Services offered in your country can be found on the Website. In any case, the contract between the Company and you is implemented through an SMS message flow. You are responsible for storing these messages on your mobile phone in order to be able to consult the contract between the Company and you.Unless expressly stated otherwise, no information provided in the Services or in connection with the Services is intended to constitute a binding offer by the Company. It is merely an invitation for you to purchase the Services. The Company has the right to provide the Services in its reasonable discretion but will endeavour to ensure that the Services are not below the standard current at the date of these Terms and Conditions. Subject to your right to a refund of fees under these Terms and Conditions, the Company reserves the right to modify or discontinue, temporarily or permanently, the Services provided to you. If we discontinue the Service permanently, we will notify you.

2. Registration and general access to the services

To register for any of our services, you must be at least 18 years old. If you are not the person responsible for paying the telephone or internet bill or are under the age of eighteen, we ask that you obtain the consent of the bill payer, parent, guardian and/or employer before signing up for and/or participating in the Services. By registering for and/or participating in the Services, you (1) acknowledge and confirm that you have obtained the necessary permission, authorisation or consent from the bill payer, parent, legal guardian or employer, where required, and (2) accept that you have been given the opportunity to read and accept the Terms of Use before using the Services. If you do not agree to the foregoing, do not use the Services.By signing up for and/or using the Services, you agree and acknowledge that you have accepted these Terms and Conditions and that you will comply with the terms and conditions applicable to your situation as specified above. You acknowledge that any person requesting such Services is your agent with authority to act on your behalf with respect to such Services. Where the Agreement is prohibited, it will be cancelled. Unless expressly stated otherwise, any new or additional features that augment or enhance the current Services, including the release of new Services, will be subject to the Terms.

3. Registration obligation, personal data

Upon request, the company can register you as a user and grant you access to the services. You can register on the Content Portal with your mobile phone if you are GPRS/EDGE/HSPDA/3G connected. To ensure the safe use of the Services, as well as to pay the applicable fees, you warrant the following at all times: (a) the personal details (hereinafter referred to as 'Personal Details') provided on the Registration Form are accurate and complete. If the Company believes, in its sole discretion, that the Personal Data is not accurate or complete, the Company may suspend or terminate your account and withhold both current and future use of the Services or any component thereof.You agree to contact the Company if you become aware or suspect that unauthorised use has been made of your password or account or that the security or privacy of your personal information is compromised for any other reason. The Company may offer you access to some Services without registering as a user, such as logging in to the Services using your mobile phone. In this case, your identification will be based on identification measures that we deem appropriate, such as your mobile phone number. You agree that such information may be collected and disclosed to the Company and used in accordance with the "Privacy and Data Processing" section of these Terms and Conditions.

4. Access to the ongoing subscription model

The ongoing subscription begins when the Company grants you access to the Services upon your request. Access to the Services may be provided by providing you with informational or entertainment services (e.g. sending you text messages (such as jokes, trivia, quizzes) or downloadable content (e.g. sending you a wallpaper, ringtone or mobile game)), otherwise providing you with access to the Services (e.g. to your mobile phone number) or by enabling you to access the Services. (e.g. to your mobile phone number) or by enabling you to download the Services (e.g. by providing a WAP push link or a link in a text message to download the Services or otherwise use them on the Company Website).All Subscription Agreements will remain in effect until terminated and/or cancelled by you or Company in accordance with the Terms of Service Agreements for Services provided by Company or the independent third party provided through the Services, commencing when Company or the third party accepts your order for the same or Services are provided to you in accordance with your order. The Agreement will remain in effect until terminated by you or the Company in accordance with the Terms of Use set forth herein.

5. Fees

The fees for the Services are listed on the Company's website (e.g. under "Frequently Asked Questions"). The periodic fee is charged for each subscription period for the duration of the contract. You will make a payment to the Company for the Services and their use in accordance with the price lists in force at the time you place your order. Unless otherwise stated, the fees will be charged to your mobile phone or deducted from your credit balance. Additional taxes and separate wireless text messaging/WAP/GPRS/UMTS/bandwidth charges may apply to your use of the Services. Where this is the case, charges can also be paid using credit, your credit card, bank transfer or through your user account. The various payment methods will be specified during order processing for the Services you have selected.The Company may charge you for the costs of third parties whose services are provided through the Services and where this has been agreed with that third party nominee. These costs will be charged in accordance with the fees charged by such third parties. All charges, including charges for existing subscription contracts, are subject to change upon notice from the Company. The Company will give you reasonable advance notice of any such change. If you do not accept the new fees (which will only apply to future payments), you may cancel your subscription and/or account without notice.

6. Your obligations

In order to use the Services, you must have a mobile communications subscription with a participating wireless service provider or otherwise have access to a mobile communications network for which the Company makes the Services available, as well as to the services of any wireless service provider required to download content and/or receive SMS messages, and you must pay any (wireless service provider) service fees associated with such access. You must have a working internet connection installed on your mobile phone (e.g. WAP, GPRS, UMTS). Your mobile phone must be able to receive text messages, ringtones, mobile games, video and/or colour graphics. Furthermore, your mobile phone must be internet enabled in order to download ringtones, mobile games, video, colour graphics or other downloadable services. The Company will not provide a refund if you download or attempt to download Services to incompatible phones or wireless service providers, or if your mobile phone is not Internet-enabled. For instructions, please check your wireless service provider's website or your mobile phone manufacturer's website.In addition, you must provide any equipment and software required to connect to the Services. You are responsible for ensuring that the Equipment and/or Software does not interfere or interfere with Company's operations. Company shall have the right to immediately suspend the Services if any Equipment or Software causes interference and may terminate this Agreement immediately in such event. The Services are for your personal use only and may not be transferred or assigned to any other mobile phone number, person or organisation, nor may you grant any other person or organisation direct or indirect access to the Services. Any behaviour or activity that we deem to restrict other users from accessing, using or enjoying the Services is prohibited. You agree to use the Services only for lawful purposes.

7. Intellectual Property Rights

Except as otherwise provided herein, all right, title and interest in and to any intellectual property, proprietary or other intangible property rights used, developed, contained or appurtenant to, or exercised in connection with any of the Services ('Company Proprietary Rights') are owned by Company or its licensors, and you agree not to assert any interest or ownership claim in any such Company Proprietary Rights. The Company hereby grants and you hereby accept a personal, limited, non-transferable, non-exclusive, revocable and non-assignable licence and permission to download and use the Services on an assigned, compatible mobile phone for the sole purpose of your own personal and non-commercial use.You further acknowledge and agree that you may not enhance, rent, loan, lease, sell, distribute, create or generate the Services and/or the Company Intellectual Property unless you have received the express written permission of the Company to do so. You acknowledge that no title to the Company's intellectual property rights has been transferred to you and that you have no rights, express or implied, in the Services other than the rights expressly granted in these Terms. You agree that all trademarks displayed in connection with the Services are the property of the Company or the respective owners of such trademarks and are protected by national and international trademark and copyright laws. Any use of the trademarks displayed in connection with the Services without the express written consent of the Company or the owners of the trademarks, as applicable, is strictly prohibited. ' Triple Tonic B.V. ' is a trade mark of the Company.The Services may be downloaded only once and may not be transferred, sold, distributed, displayed, performed, copied, modified or used, in whole or in part, except as provided in these Terms and Conditions. You warrant that you will only use the interface provided by the Company to access the Services. You agree that the rights holders who provide the Company with their music or other content for use on the Services are included in the protection clauses of this Agreement and that they are entitled to enforce the provisions of this Agreement that relate directly to their content. You understand that the use of music is subject to the following terms of use. You may not authorise any third party to copy, modify, reproduce, transmit, distribute or use the music you receive outside the narrow scope of copyright law. You agree to notify the Company immediately of any such unauthorised use. All rights not expressly granted to you by this Agreement are reserved by the Company and/or its licensors.

8. Contracts for third-party services/transactions with advertisers and/or sponsors

The Services may also include access to independent third party services, either directly or through links to sites operated by such third parties. Where reasonably possible, the Company will label the Services as third party content. Although contracts for services provided by third parties may be co-branded with the Companies and therefore may include the Company's trademarks, they will be entered into directly between you and the third party. We may continue to use advertisers and promotional clients to help cover the cost of our services. As a condition of using these Services, you agree that we may display advertisements and other promotions on our website and send advertisements and promotions in connection with our Services.You further agree that you will not attempt to block or otherwise interfere with any such advertising or promotion. Some jurisdictions do not allow the use of text message advertising without your express consent, so the foregoing may not apply to you. We will not share your personal data with third parties without your consent. The inclusion of any advertising or promotion from our website or in our services does not constitute an endorsement by the Company of that content, product, service or company. We endeavour to ensure that any advertising or promotions are appropriate for our users. You have the right to ask us not to contact you through direct marketing at any time. The Company is not part of or in any way responsible for any transactions relating to the Services made available through such third parties or for any content or information presented in connection with any third party services.

9. Data protection and data processing

You acknowledge that the Company collects and processes 'Personal Data' (i.e. information that can be used to contact you or that you have provided to us, such as full name, postal address, gender, age, opinions, estimates, knowledge, telephone number or email address), 'Financial Data' (i.e. credit card numbers, bank account details or passwords) or 'Demographic and User Data' (i.e. information that you submit or that we collect that is neither Personal Data nor Financial Data, but is necessary for the proper functioning and billing of our Services, such as data relating to the start and end dates of our Services and the use of our Services). information that you submit or that we collect that is neither Personal Data nor Financial Data but is necessary for the proper functioning and billing of our Services, such as data regarding the start, end and extent of use of your Services), subject to the remainder of this paragraph, in order to operate this Website (collectively, 'Personal Data') and subject to the terms of the Privacy Policy, which forms an integral part of these Terms and Conditions.The Company values the privacy of its users; however, we may need to share your personal data with your wireless service provider or gateway service provider to ensure the collection of charges. We may also disclose your Personal Data to public authorities, including without limitation courts and prosecutors, in connection with legal proceedings or the prevention of criminal offences. Personal Data collected by the Company may be stored and processed in the Netherlands or any other country in which the Company or its agents maintain facilities. By using the Services, you consent to such transfer of Personal Data outside your country. Your Personal Data will be deleted no later than six months after cancellation of your subscription. The Company may retain your Personal Data beyond this time if required by law or contract. The Company will maintain procedures that comply with applicable law for individuals to obtain access to their Personal Data and will correct or delete their Personal Data accordingly and upon request to ie@next-battle.com.

10. Exclusion and limitation of liability

The Company, its directors, officers, employees, suppliers and agents ("the Providers") exclude all liability for any damages arising from your use of the Services. You expressly understand and agree that the Services are provided on an "as is" and "as available" basis, without warranty of any kind, either express or implied. All Providers make no warranties, guarantees or representations with respect to the Services, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights, to the fullest extent permitted by law.All providers make no warranties regarding the security, reliability, timeliness and functionality of the Services. The Providers do not warrant that the Services will meet your requirements or that the operation of the Services will be uninterrupted or error-free. No advice or information, whether oral or written, obtained by you from us or the Services shall create any warranty not expressly made hereunder. You may not rely on any such information or advice. You understand and agree that you download and/or use the Services, Content, Software and Websites at your own discretion and risk and that you will be solely responsible for any damage to your computer system, mobile phone or loss of data that results from your use of the Services. To the extent permitted by law, you agree that the entire liability of the Company to you or any third party and your sole and exclusive claim or that of any third party at law, in equity or otherwise in respect of the Services arising out of this Agreement and/or any breach of this Agreement shall be limited solely to the amount paid by you for such Services during the term of this Agreement.Except in jurisdictions where such provisions are not permitted, the Providers shall not be liable for any direct, indirect, incidental, special, exemplary, extraneous or consequential damages or damages (including damages for loss of business, business interruption, loss of business information). etc.) arising from your use, misuse or inability to use the Services, Content, Software and Site, even if Company has advised of the possibility of such damages. If any jurisdiction prohibits the exclusion or limitation of liability hereunder, the Company's liability shall be limited to the extent permitted by that jurisdiction.

11. Release of Liability

You agree to indemnify and hold Company and its parents, members, subsidiaries, subsidiaries, service providers, contractors, agents, licensors, officers, directors, shareholders and employees harmless from any loss, liability, action, proceeding or demand, including equitable ones Legal fees brought by any third party arising out of or in connection with (a) your use of the Services and (b) your breach of your representations and warranties as set forth in these Terms and Conditions. You will be responsible for all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs, imposed on the Company or otherwise incurred in connection with or arising from any such action, suit, notice, demand or other proceeding.

12. Termination and Cancellation of Services; Right of withdrawal

There are 3 ways to stop the service:

1: Via URL: You can unsubscribe at any time via this link: [XXXXXX]. They will be issued immediately.

2: By Email: You can send email with mobile number which should be written to ie@next-battle.com.

3: Via telephone hotline: Customers can reach customer service on [XXXXXX] (EUR 0.00/min.).

In the first case, the termination takes effect immediately upon receipt of the termination notice. In the second case and third case, the termination takes effect 48 hours after receipt of the termination.

You agree that the Company may, in its sole discretion, terminate your use of the Services and remove and delete any content within the Services at any time (1) if the Company believes that you have violated the substance or spirit of these Terms; (2) if you fail to pay the cost of the invoice to your provider within the time period specified in the invoice; (3) if the Company is expressly requested to do so by the Provider or (4) if any laws, regulations, ordinances or government measures render all or only parts of the Services illegal or unsuitable. You agree that Company will have no liability to you or any third party arising from termination of your access to the Services. If you terminate your account or subscription for any reason, the Company will not refund any fees paid up to that point, other than those fees expressly mentioned in the provisions of these Terms.

Customers from the European Union and certain other countries also have a legal right to withdraw from the contract within seven working days of the contract coming into force (so-called 'withdrawal period'). The company has extended the cancellation period to 14 working days, however your right to withdraw from the contract will expire immediately if you have been granted access to our services within this period. To withdraw from the contract within the cancellation period, please send us your cancellation by email to ie@next-battle.com or by post to Triple Tonic B.V. , Pelmolenlaan 16-18, 3447 GW Woerden, the Netherlands. This must clearly contain your name, address and telephone number. The postmark date must be within the cancellation period.


The Contest runs from 00:00:00 on 01/01/2022 to 31/10/2023 at 00:00:00 (hereinafter referred to as the “Duration”).

14. Miscellaneous Provisions

News and Announcements. Unless otherwise provided herein, all notices to the Company must be in writing and sent to the following address: Postbus Triple Tonic B.V. , Pelmolenlaan 16-18, 3447 GW Woerden, the Netherlands. When you access or use the Services or send SMS, email or other communications to Company, you are communicating with us electronically and therefore you consent to receive electrical communications from Company. You agree that all agreements, notices, disclosures and other communications that Company provides to you satisfy any legal or contractual requirement that such communications be in writing. With the exception of the statement under paragraph “Termination and Cancellation of Services; “Right of Withdrawal” Notices sent by mail will be deemed received after seven days and notices posted on the Company's website or received by email or text message will be deemed received on the day of the week following publication or mailing.

Assignment: You may not assign or transfer the Agreement or your rights under the Agreement. The Company shall have the right to assign its rights and obligations under this Agreement and any claims under this Agreement to any third party upon written notice to you, provided that such assignment shall be on terms and conditions not to be detrimental to you in these Terms and Conditions.

Contract changes. You acknowledge and agree that these Terms of Use are subject to modification at any time; the changes will come into force on the day they are published on the website. Your subsequent use of the Services constitutes your acceptance of the modified Terms.

Other conditions, entire contract. These Terms are in addition to any terms and conditions of the Company or any third party for the Services that may be posted in connection with such Services ('Specific Terms and Conditions'). In the event of any discrepancy between the Terms and Conditions and such Specific Terms and Conditions, the latter shall prevail. These Terms and Conditions and any other terms or documents referenced herein constitute your entire agreement with the Company regarding your use of the Services. You understand and agree that, except as expressly provided herein, this agreement is non-assignable and shall not transfers any rights or remedies to any person other than the parties hereto.

Severability clause. If any part of this Agreement is held invalid or unenforceable, that part shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Disclaimer. The Company's failure to pursue or defend existing claims pursuant to this Agreement or otherwise shall not constitute a waiver of such claim or defense. The headings in these Terms and Conditions are for convenience only and shall not affect the interpretation or legal enforcement of any of the Terms hereunder .

Continuity. If the Agreement terminates as provided hereunder, the portions of these Terms and Conditions which by their nature are intended to survive shall survive such expiration or termination.

Applicable Law and Jurisdiction. This Agreement and your use of the Website and Services are subject to the interpretation of the laws of the country in which the Services are offered. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.