MobileStylin Terms and Conditions
Welcome to MobileStylin. Before using the service, you must read these Terms and Conditions. By using the service, you agree to these Terms and Conditions. If you do not agree, do not use the service. Thank you.
TERMS OF SALEThese Terms of Sale govern your purchase of the Content and its use.
This agreement constitutes the entire and only agreement between the parties relating to the subject matter of this agreement and supersedes and extinguishes any prior drafts, agreements, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, relating to or in connection with this agreement. MobileStylin reserves the right to amend these Terms and Conditions at any time. This agreement is personal to you and it does not confer any benefit on any third party under The Contracts (Rights of Third Parties) Act 1999. This agreement shall be governed in all respects by, and construed in accordance with, the laws of New South Wales and shall be subject to the exclusive jurisdiction of the Courts of New South Wales.
DEFINITIONS
"Content" means logos, ringtones, pictures or other such Content for mobile devices available by direct purchase (single download) from MobileStylin; by using MobileStylin Vouchers; or by Membership of a MobileStylin Club.
"Wapsite" means the site of MobileStylin at wap.mobilestylin.com.
"Website" means the site of MobileStylin at www.mobilestylin.com.
"We", "Us" or "Our" means MobileStylin.
"You" or "Your" means the Customer.
We will endeavour to ensure that the Content reaches you, but sometimes delivery may be affected by factors we cannot control e.g. interruptions to our services due to faults in networks or third party suppliers. In such instances we will not be liable for any delay caused by them. In addition we will not be liable to you in any way for failures, defects or delays in the delivery of the Content which are caused by one or more of the following reasons:
a) You have provided an incorrect phone number or other incorrect information.
b) Your mobile device does not support the Content.
c) Your WAP or GPRS settings have not been correctly configured.
d) Your message mail box is full and has no additional memory to receive the Content.
e) Your mobile device is out of range or for some other reason cannot be contacted.
f) You accidentally erase Content provided to you.
g) You have not allowed sufficient credit to complete the transaction.
h) You supply any material or instructions which is incomplete, incorrect, inaccurate, illegible or in the wrong form.
If after 24 hours of your order, the Content has not been received by your mobile device; or if you have downloaded your chosen Content and it seems to be defective or malfunctions please contact us.
This end-user license agreement ("EULA") governs your rights in respect of your use of Content that you are purchasing from MobileStylin. This is a legally binding contract between you and MobileStylin that, among other things, grants you a limited non-exclusive and non-transferable license to access and use the Content you have selected on the terms set out herein. In order for you to purchase the right to download and access the Content, you must agree to the terms of this EULA including but not limited to the rules regarding the usage of the Content as set out below, prior to the purchase of any Content. MobileStylin reserves the right, at its sole discretion, to modify or revise all or any part of this EULA at any time without further notice to you.
EULA USAGE RULESYou acknowledge that the Content is being sublicensed to you and not sold, notwithstanding the use of such terms as "sell", "purchase", "order" or "buy" on this EULA or anywhere else on the Website. By purchasing and downloading the Content, you agree, represent and warrant that (a) the Content is for your personal non-commercial use; (b) you will comply with and will not in any way circumvent (or attempt to circumvent) the Usage Rules or any technology designed to enforce the Usage Rules; and (c) you will not (nor attempt to) tamper with or modify the Content.
EULA PROHIBITED USE
Unless provided to the contrary herein, you further agree that you will not do or attempt to do any of the following:-
a) Make any unauthorised copies of the Content in any media.
b) Modify or create any derivative works of the Content.
c) Alter, tamper with or remove any copyright notice, trademark, logo, symbols or such other labelling as may be featured with the Content, or any copy protection devices, digital rights management or digital watermark embedded within the Content.
The Content shall only be for your personal, non-commercial use. The delivery of Content does not transfer to you any commercial or promotional use rights in the Content.
Some record labels and licensors of the Content may require stricter usage rules than the Usage Rules specified herein. Whilst MobileStylin shall endeavour to replicate these rules, we are unable to ensure that all requirements are covered. We would recommend that you refer to the respective record label or licensor in ensuring you meet all your responsibilities and also refer back to these terms and conditions on a regular basis.
EMI Music Terms of Use: The sound recording ("Recording") you are purchasing and the copyrights therein are the valuable intellectual property of EMI Music and may be used by you solely in connection with your mobile handset as a musical "ringer." You may not transfer the Recording out of your handset via any means for any purpose. Any copying, redistribution or other use of the Recording is expressly prohibited without the prior written consent of EMI.
Warner Music Terms of Use: Customers may use Warner Content as follows, but, in all instances, for personal use only. Customers are not granted any commercial sale, resale, reproduction, distribution or promotional use rights for the Warner Content or Other Materials, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition.
Direct purchases will be charged in accordance with the advertised price for the particular product or service that you have chosen. Prices may change without notice. Contact us for more information.
MOBILESTYLIN VALUE VOUCHERSFirst time users must register at www.mobilestylin.com. A PIN will be sent to your mobile phone. To redeem the voucher you will need to login to the Website using this PIN and enter the voucher number. The amount of voucher credits (your account) will be shown. Content may then be accessed via either the Website or Wapsite by clicking on the images/text/links. Each selected download will reduce your account by the listed amount.
Vouchers expire as indicated and detailed on the voucher. Any unused portion of your account will be lost. You may extend the life of any unused portion by 60 days by topping up with a new MobileStylin Value Voucher purchased through Allphones or any outlet selling e-pay vouchers.
MOBILESTYLIN MEGA VALUE CLUBYou must be aged 14 years or over and have permission from the bill-payer to join. For Clubs you will be sent SMS message/s that entitle you to download Content in accordance with the advertised offer. You may download your Content at any point whilst your Membership is current, however if you do not download within your Billing Period we do not guarantee downloading of the correct Content. For help retrieving your Content please contact us.
The advertised Club or Content charge (which includes GST) and the frequency of the Billing Period applies when you order, irrespective of whether or not you download the Content. Downloading your Content must be completed within your Billing Period.
You will be given notice via the Wapsite of any changes to the Club or Content charge or Billing Period for your service at which time you may continue or choose to end the service.
Membership costs are as advertised for the particular product or service that you have chosen and may include 1 (one) message to join, plus 1 (one) or more messages per Billing Period with a minimum of 2 (two) messages per Membership. Membership costs are billed directly to your mobile phone. For specific Content cost please refer to the advertisement or contact us.
Club Membership entitles you to 13 tokens each Billing Period. While ever your Membership remains current you may accumulate these tokens to a maximum of 150 tokens. Any tokens above this number are lost.
To cancel your Membership send the word STOP to the shortcode from which your initial SMS was received. If you do not know your shortcode, please contact us. The Service Provider is IDS.
WAP CHARGESStandard WAP charges will also apply to download the Content and these will appear on your mobile bill. Please call your Service Provider regarding standard WAP rates.
FAIR USE POLICYThis policy is designed to protect MobileStylin and you, as a Customer. MobileStylin reserves the right to cancel a service if you are deemed to have abused the service. "Abuse of the service" is defined as, but not limited to, excessive Content requests which leads to over-allocation of system resources.
PERSONAL INFORMATIONWe may hold a number of items of personal data about you which you have provided to us. This information, and information about the use of our service is used by us and our partners to provide our services to you and for research purposes. From time to time we may use your details to send you information on offers, including material about other carefully selected companies, or for market research purposes, by sending text messages to your mobile phone, or by other means. By accepting this agreement you agree to that use, but you can stop us sending this information to you at any time by calling Customer Service on 1300 308 137 or by emailing help@mobilestylin.com.
LIABILITYWe are only liable to you as set out in this agreement. We have no other duty or liability to you. Our entire liability to you for something we or anyone who works for us does or fails to do, will be limited to the value of your order. We are not liable to you in any way for any loss of income, business or profits, or for any loss or damage that was not reasonably foreseeable at the time you entered into this agreement. For the avoidance of doubt this includes direct, indirect and consequential loss. We will not be liable to you if we cannot carry out our duties or provide our services because of something beyond our reasonable control. Other than any assurances we have provided in the preceding paragraph, all warranties, representations, conditions or other terms, either expressed or implied in relation to this agreement, are excluded and limited to the maximum extent permissible by law.
CANCELLATIONYou may cancel this agreement within 14 days of the Order ("Cancellation Period"). However, once the Content has been downloaded on to your mobile device we cannot provide refunds unless it is downloaded through a fault of our own. You understand that our performance of this agreement will begin before the Cancellation Period and that we may not refund you in full if you decide to cancel this agreement after the Content has been downloaded to your mobile device. You may cancel this agreement, by calling Customer Service on 1300 308 137; by emailing help@mobilestylin.com; or by sending the word STOP to the shortcode from which your SMS was received. You may be contacted by MobileStylin with further information or offers. Please do not hesitate to contact us if you are ever dissatisfied with the service you receive.
CONTACT USFor MobileStylin Customer Service call 1300 308 137, or email help@mobilestylin.com.