Terms and Conditions
These General Terms and Conditions ("Terms") apply to all services that "Globway International B.V.", Spoorhaven 44-46, 2651 AV, Berkel en Rodenrijs, the Netherlands ("Provider", "we", "us") provides through its mobile portals, including but not limited to "123Games" (the "Service").
By subscribing to, accessing or using the Service, you agree to these Terms.
1. Scope of application
1.1. These Terms govern all contractual relationships between the Provider and consumers ("users", "you") who access or use the Service.
1.2. The Service consists of digital entertainment content, including HTML5 games and related mobile content, offered either on a subscription basis or as a one-time purchase.
1.3. These Terms apply exclusively. Any deviating terms of the user do not apply unless expressly confirmed in writing by the Provider.
2. Eligibility and use
2.1. To use the Service you must be at least 18 years old or have permission from a legal guardian.
2.2. The Service is intended for personal, non-commercial use only.
2.3. Misuse of the Service, including attempts to disrupt, manipulate or abuse billing or access mechanisms, is strictly prohibited.
3. Conclusion of the contract
3.1. The presentation of content and services on the website does not constitute a legally binding offer, but an invitation to make an offer.
3.2. A contract is concluded when you actively confirm your purchase or subscription (e.g. by clicking a confirm, order or play button), thereby accepting these Terms and the applicable prices.
3.3. Upon successful confirmation, access to the Service is granted immediately.
4. Prices, billing and payment
4.1. All prices are shown clearly before purchase and include applicable taxes unless stated otherwise.
4.2. Depending on the service, billing may take place via:
- mobile carrier billing;
- direct billing through a payment service provider;
- another clearly indicated payment method.
4.3. The subscription costs €2.49 incl. VAT × 2 SMS per week (€4.98 incl. VAT per week in total), billed to your mobile or prepaid account. To cancel at any time, send STOP 123 to 6060.
4.4. Any data or connection charges applied by your mobile carrier are not part of the service price and remain your responsibility.
5. Subscriptions, renewal and cancellation
5.1. Subscriptions are entered into for the period stated at the time of ordering and renew automatically for the same period unless cancelled.
5.2. You can cancel the subscription at any time through the cancellation method clearly communicated during the order process or on the website. To unsubscribe, send STOP 123 to 6060.
5.3. Cancellation takes effect at the end of the current billing period. Partial refunds for unused periods are not granted unless required by law.
6. Right of withdrawal
6.1. By purchasing digital content and requesting immediate access, you expressly acknowledge that you waive your statutory right of withdrawal once performance of the contract begins, to the extent permitted by applicable law.
6.2. This waiver is clearly presented and accepted before the purchase is completed.
7. Usage rights
7.1. The Provider grants you a limited, non-exclusive, non-transferable right without the option to sublicense to access and use the Service for the duration of the contract.
7.2. All intellectual property rights remain with the Provider or its licensors.
8. Availability and changes to the service
8.1. The Provider strives to offer the Service with reasonable availability but does not guarantee uninterrupted or error-free operation.
8.2. The Provider may change, update or discontinue parts of the Service at any time for technical, legal or business reasons.
8.3. Compatibility with all devices or operating systems cannot be guaranteed.
9. Health-related content disclaimer
9.1. Any (mental) health or wellbeing content provided is for informational and entertainment purposes only and does not constitute medical advice.
9.2. The Provider is not a healthcare professional and does not diagnose, treat or prevent diseases.
10. Liability
10.1. The Provider is liable only for damage caused by intent or gross negligence, except in cases of injury to life, body or health.
10.2. To the extent permitted by law, liability for indirect or consequential damage, including loss of data or profit, is excluded.
10.3. Mandatory statutory liability, including product liability, remains unaffected.
11. Data protection
11.1. Personal data is processed in accordance with applicable data protection regulations, including the General Data Protection Regulation (GDPR).
11.2. Details on data processing, purposes, legal bases and user rights are described in the separate privacy policy, which forms an integral part of these Terms.
12. Termination
12.1. Either party may terminate the contract for good cause if continuation of the contract cannot reasonably be expected.
12.2. Termination does not affect payment obligations that have already arisen.
13. Governing law and jurisdiction
13.1. These Terms are governed by the law of the Netherlands, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
13.2. Mandatory consumer protection rules of your country of residence remain unaffected.
14. Final provisions
14.1. If any provision of these Terms is invalid or unenforceable, the remaining provisions remain in full force and effect.
14.2. The Provider may update these Terms from time to time. The most recent version is always available on the website.