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Terms and Conditions:

Model Online Membership Rules

1. Model Online Membership Program
Model Online Membership Program is a program for the users of Model Online and its carried brands’ consumer products in order to provide Model Online members with information and services related to such products.

2. Membership Eligibility
2.1. A person can join only with Model Online Membership Program of the person's country of residence with the languages announced on the Model Online website, provided also that the person has a subscription with a network operator in that country.
2.2. Membership is personal and cannot be transferred.
2.3. Only one membership is allowed per person.
2.4. Membership commences on accepted enrolment with Model Online. A person has to read and accept these Model Online Membership Rules in order to enroll with Model Online Membership Program. 
2.5. Minors are required to have parental or guardian consent to join Model Online Membership Program, unless otherwise stated in the applicable law.

3. Member Services
3.1. A member can enjoy various services and offers as announced on the Model Online website in the person's country of residence. These services and offers are provided only on the terms and conditions as informed on the Model Online website in the person's country of residence. 
3.2. To be able to use the services, a member may have to read and accept some additional service related terms and conditions as notified on the Model Online website in the person's country of residence prior to using the service in question. 
3.3. Some services provided may be subject to a separate charge, or are country and/or language specific, or specific to a certain product, geographic area, or other criteria as informed on the Model Online website in the person's country of residence. 
3.4. Some services provided within Model Online Membership Program may be limited to adults (people over 21 years of age) due to applicable legislation.
3.5. Model Online reserves the right to change or modify these Model Online Membership Rules, the Legal Notice, the Privacy Policy and other service related terms and conditions at any time without prior notice and notify a member of such change or modification by posting an updated version of the document in question on the Model Online website. Such changes and modifications shall be considered approved if the member uses the Model Online membership and/or any service after such changes or modifications have been notified, if no written objection is registered within one month of notification.

4. Model Online Membership Card
The Model Online Membership Card (the "Card") is governed by the following terms and conditions ("Terms and Conditions"). If you do not agree to the Terms and Conditions please do not use the Card. 
4.1 By using the Card you agree to be bound by the terms and conditions herein as may be supplemented modified or varied by Model Online from time to time. Model Online reserves the right to, at any time at its discretion, amend the Terms and Conditions without prior notice to you. You agree to be bound by the amended terms and conditions.
4.2 The Card issued to you may be terminated or cancelled by Model Online at its discretion with or without notice to you. Subject to the foregoing, if you cease to be a member of Model Online, your Card will be cancelled and you will not be entitled to the benefits and privileges accorded to holders of the Card. 
4.3 Model Online reserves the right to suspend any or all benefits and privileges from any holder of the Card if Model Online deems it fit under the circumstances. 
4.4 Model Online's decision in relation to the Card shall be final and conclusive. 
4.5 The Card will be effective on such date as Model Online may determine and notify you. The Card can only be used on Model Online website and at such retail shops as shall be determined by Model Online from time to time. The Card must be presented to the authorised retailers' representatives for verification before conducting the transaction in order for you to be entitled to the benefits and privileges granted to holders of the Card. 
4.6 The Card is strictly non-transferable. Model Online reserves right to, by its employees or representatives of the authorised retailers, verify the identity of the holder of the Card and require the holder of the Card to produce proof of identity before permitting the Card to be used. 
4.7 The benefits and privileges accorded to holders of the Card shall be determined by Model Online from time to time and shall be subject to such terms and conditions as Model Online shall deem fit. 
4.8 The Card shall be in such form and delivered to you by such means as determined by Model Online. The Card will contain such information about the registered holder of the Card as Model Online shall deem appropriate, including without limitation, your first and last name and Model Online Membership identification number. 
4.9 Model Online may issue a new Card to you should there be an update of your personal information or at any time Model Online shall deem fit. 
4.10 Model Online reserves the right to charge a fee for the Card and/or for issuing replacement Cards to holders of Cards.
4.11 The Card is the property of Model Online. In the event of any Card lost, stolen, misplaced or damaged, please immediately notify Model Online. Should you have any queries or feedback on the Card, please contact Model Online. 
4.12 You agree to indemnify Model Online and hold Model Online harmless against any claims, demands, liabilities, losses, costs and expenses suffered or incurred by Model Online as a result of or in connection with the use of your Card (whether by you or any other person) in breach of the Terms and Conditions. 
4.13 To the extent permitted by applicable law, Model Online shall not be liable to you or any third party for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, revenues, sales, business, goodwill, data or profits, arising out of or in any way connected with the use of the Card, the provision of or failure to provide any benefits or privileges to a holder of the Card or the exercise of Model Online's rights under these Terms and Conditions, whether based on contract, tort, negligence, strict liability or otherwise, even if Model Online has been advised of the possibility of damages. Model Online shall not be liable if it is unable to perform any of its obligations as contained in these terms due, directly or indirectly, to the failure of any machine, system of authorization, data processing or communication system or transmission link, or any dispute, strike, work stoppage, war, natural disaster, explosion, or any other event beyond the reasonable control of Model Online. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
4.14 In the event of any dispute arising under or in connection with the Card, Model Online's records shall be final and conclusive.
4.15 Any dispute, difference, or claims arising under or in connection with the Card shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region and the parties hereby submit irrevocably to the non-exclusive jurisdiction of the Courts of the Hong Kong Special Administrative Region. Provided that the parties shall have the right to take proceedings in any other jurisdiction for the purposes of enforcing a judgment or order obtained from the Courts of the Hong Kong Special Administrative Region. 
4.16 References to Model Online shall (where necessary) include its affiliates.

5. Membership data, data protection and member privacy
5.1. Personal data relating to a Model Online membership will be stored in the Model Online database processed and used for purposes serving Model Online Membership program implementation in accordance with applicable data protection regulations by Model Online. 
5.2. A member may request at any moment the access to and amendment of the member's personal data by sending an e-mail to Model Online or by accessing the member's personal data on the Model Online website. 
5.3. The Model Online Membership policy is to respect the privacy of its members. The personal information given by a member in registration, during membership or using Model Online Membership Program related services will not be revealed to any third parties without prior consent of the member in question (e.g. in the enrolment form in a Model Online product sales package for receiving other companies' marketing material or on the website when acquiring third party services available on the Model Online website). Model Online affiliates, Model Shop and other subcontractors for performing Model Online Membership Program related services have access to the membership data that is needed for providing the service in question and these subcontractors operating in these functions have accepted the appropriate confidentiality obligations. 
5.4. Model Online places information on your computer to allow Model Online to identify you. This information is commonly known as "cookies". By showing how and when Model Online members use the Model Online website, this information can help Model Online to improve Model Online website on a continual basis. Model Online will use cookies to view information on your hard drive that was put there by a cookie from a Model Online website. The use of cookies is an industry standard and many websites use them. 
5.5. Model Online applies the Privacy Policy placed on Model Online website. Further, in order to contact you via mail, e-mail or phone to inform you of new products, services or promotions or in order to respond to your questions, fulfill your requests, customize and develop web site and other Model Online services and personal communication with you, Model Online stores your personal information you may provide to Model Online or Model Online may receive in connection with the services it provides. Such information may include among other things your name, address, e-mail address and telephone number, information on responses on Model Online Membership campaigns and other activities as well as on contacts with Model Online or activities relating to after market services.
5.6. Nokia may on its own initiative, or at your request, replenish, rectify or erase any incomplete, inaccurate or outdated personal data retained by Model Online in connection with the operation of the Model Online Membership Program. 
5.7. Model Online will not monitor, edit, or disclose any information posted on the Model Online website by a member, unless it is necessary to comply with a lawful request of authorities or legal process served on Model Online; to protect and defend the rights of Model Online; to protect the personal safety of Model Online members, Model Online customers or the safety of the public.

6. Member account, password and security, use of Model Online Membership Program
6.1. After enrolment to Model Online Membership Program, each member gets a Model Online member account. 
6.2. The member is responsible for keeping the member's Model Online membership information up to date, including but not limited to the contact information, in order to enable proper and accurate service. 
6.3. Each member is responsible for indemnifying Model Online if any third party takes action against Model Online in relation to the member's inaccurate membership data. 
6.4. By submitting material to any of the Model Online websites, servers or for any Model Online Membership service:
(a) the member agrees not to use any Model Online Membership service for any unlawful or unauthorised purpose, that: (1) may infringe any proprietary right, such as copyright, trademark, patent, trade secret or confidentiality obligation; (2) may be defamatory or injurious to any person or entity; (3) may cause harm to persons or property or otherwise harass any person; (4) may violate any person's right to privacy; (5) contains any pornographic, obscene or profane materials; (6) suggests or encourages to any illegal activity; and 
(b) the member agrees to use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; and
(c) when providing material to be made available to the public, the member agrees to ensure that the member owns the material or has the unlimited right to provide it to Model Online and ensure that Model Online may publish the material world-wide perpetually free of charge and/or incorporate or modify it or any concepts described in it in Model Online products without accountability or liability, 
(d) the member agrees not to take action against Model Online in relation to material submitted by the member and agrees to compensate Model Online if any third party takes action against Model Online in relation to the material submitted.
(e) If a member is a minor, the member agrees to have the consent of the parent(s) or guardian(s) for submitting material to Model Online and accepting any Model Online Membership service related rules. Model Online reserves the right to remove any material or content at its sole discretion without prior notice if a member acts against the above mentioned.
6.5. Actions taken during a member session, opened with a valid member identification or passwords are assumed by Model Online to be made by the legitimate member, unless clear contrary evidence is presented.
6.6. If any of the member's user identification or passwords is compromised, or if the member becomes aware of any unauthorised use of the member's account or other breach of security, the member is responsible for promptly notifying Model Online. Upon the notification, the responsibility of the unauthorised use shall transfer to Model Online. The member can change the password by himself or herself by accessing the member's personal data on the Model Online website.
6.7. The member promises never to use anyone else's account at any time, without the permission of the account owner. Model Online has the right to terminate the member's Model Online membership without notice, if the member breaks the above mentioned security rules or uses any Model Online Membership service illegally.
6.8. Model Online may provide different settings or links (such as bookmarks) to third party websites and/or services e.g. from the Model Online website. As such third party settings, sites and/or services are not under Model Online's control, the access to any such settings, sites and/or services is at "AS IS" and "AS AVAILABLE" basis. Model Online is not responsible for such settings, sites and/or services, including, but not limited to, the content and functionality thereof.

7. Termination of membership
7.1. The member may at any time terminate the member's Model Online membership, and thus also withdraw the consent to usage and process of the personal data, by sending an email to Model Online and by informing the member's full name, date of birth, Model Online membership number and phone number.
7.2. Model Online may terminate a Model Online membership, or access to any part or all of a Model Online Membership service with or without prior notice, if a member violates any part of these Model Online Membership Rules, the Legal Notice, the Privacy Policy or of any other service related terms and conditions, or makes material misrepresentations or acts otherwise inappropriately. Model Online may terminate the membership also if the Model Online Membership Program is discontinued, or replace it with another program at Model Online’s discretion. Further Model Online may terminate the membership if a member has not used any of the Model Online Membership services within preceding 4 years. 
7.3. The membership shall expire upon Model Online sending a notice of termination of the Model Online membership to the person. Model Online shall send the notice to the email address or to the person's mobile phone number (via SMS), that are provided by the member. Model Online is not obliged to notify and the termination shall become effective without notice, in case such information has not been provided or is inaccurate.
7.4. If Model Online terminates the person's Model Online membership, the balance of any valid instrument of payment on the person's Model Online membership account purchased by the member will be refunded into the person's personal bank account as requested by the person within 3 months, unless otherwise required by the applicable mandatory law, from the date of the notice of termination or termination without notice. Please note that Model Online will deduct the direct costs related to such refunding unless otherwise required by the applicable mandatory law. Any valid instruments of payment given free of charge and all other rights to any services or offers provided on the Model Online website shall expire on the termination.

8. Limitation of Liability and Limited Warranty
8.1. Except as provided in the following provisions Model Online does not warrant that the web pages will be uninterrupted or error-free.
8.2. Model Online agrees to give a warranty for Model Online Membership services to the extent required by mandatory stipulations of applicable law. 
8.3. Model Online is not liable for the temporary non-availability of a Model Online website caused. Model Online assumes no liability of any delay, data loss or damage during the transmission from the website to the member.
8.4. NO WARRANTY OF ANY KIND IS MADE IN RELATION TO THE CONDITION, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, MERCHANTABILITY AND/OR NON-INFRINGEMENT OF CONTENT OF THE MODEL ONLINE WEBSITE, THE USER'S OWN EQUIPMENT, THE INTERNET ITSELF, ANY PUBLIC LINES AND/OR OPERATOR NETWORKS. 
8.5. To the extent permitted by applicable law Model Online's liability to you shall be limited under these Model Online Membership Rules to an amount equal to the sale price of the most expensive Material or Service bought by you from Model Online. To the extent required by applicable mandatory law this limitation of liability is not applicable to cases of death or personal injury caused by Model Online's negligence, or to cases of liability caused by Model Online's intentional conduct or gross negligence
8.6.To the extent permitted by applicable law, Model Online accepts no responsibility for any claim in contract, tort, negligence or otherwise for: 
(a) loss of profit, business revenue, goodwill, anticipated savings or data; or
(b) any indirect or consequential loss or damage.

9. Miscellaneous
9.1. Model Online may change, modify or withdraw access to a Model Online Membership service at any time, with or without prior notice, and without any liability, unless otherwise notified in additional service related terms and conditions of the service in question.
9.2. The invalidity of a provision shall not affect the validity of the remaining provisions. The invalid provision shall be replaced with a valid provision which comes closest to the result and purpose of these Model Online Membership Rules.
9.3. These Model Online Membership Rules shall neither exclude nor limit any mandatory rights of the Model Online member.

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R2.1/072006