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Conditions of Sale
Please read these terms and conditions carefully. These terms and conditions will apply to all purchases made by you through the www.mobwits.com and www.mobsods.com web/wap sites (Sites each a Site) of any ringtones, electronic greetings cards, games, graphics and other information or entertainment content available online (through the world wide web (Internet)) or through SMS (Short Message Service) or MMS (Multi-Media Message Service)(Content) or the purchase of any other physical products.
The Sites are operated by Grab a Gag Limited (GAG) (company number 5472663) whose registered office is The Brighton Media Centre, 15-17 Middle Street, Brighton, BN1 1AL.
By offering to purchase products, subscribe to any services offered or by downloading or ordering any Content you are entering into an agreement with GAG (Agreement) the terms and conditions of which are set out below.
This Agreement is complementary to (and not a substitute for) the General Terms relating to your use of the Sites. A copy of the General Terms is available [here]. In addition, GAG operates a privacy policy. This privacy policy will cover all information GAG receives as part of the ordering process or registration. The privacy policy can be read [here].
Download, Streaming and Subscription
You may purchase Content through a Site either as a purchase of individual items or by way of subscription through one of the subscription or multiple purchase services (Services) offered by GAG.
The terms of each Service, payment frequency and any limits (such as the nature or the number of items that may be downloaded or accessed) are as set out in the description for that Service contained on the Site.
Whilst items of Content may be available for download to a mobile device, Content will only be streamed over the Internet.
Availability and Description
GAG has made every effort to ensure that the description of each product, item of Content and any Services, including but not limited to the price, on the Sites is correct and that the Content and products advertised as available will be available. GAG will not be liable for any errors or omissions on the Site and reserves the right to change information, specification, description and price of any product, item of Content or any Services or remove any product, Content or Services from sale at any time. GAG will use its reasonable endeavours to correct any errors or omissions as soon as possible after being made aware of them.
In the event that any Content is incorrectly described, your rights are limited to the right to a refund in accordance with paragraphs 33 to 44 below. In the event that any product or individual item of Content specifically ordered by you is not available or may not be supplied, we will notify you and either not charge you for the product or Content ordered or if you have already paid, refund the amount paid. In the event of subscription to a Service, you will only be entitled to a refund if the item of Content that is not available or not supplied is the principal item of Content in that Service.
In the event that the correct price of any products, item of Content or any Service is lower than that stated on the Site, GAG will charge you the correct price or refund to you the difference if you have already been charged. In the event that the price is higher than that stated on the Site, GAG will at its discretion either provide you the product, Content or Service at the stated price or contact you for your instructions (if this is practical). Unless you provide your instructions within a reasonable time (7 days in the case of products) or it is not practical for GAG to take your instructions, GAG will either terminate the Service or not supply the Content or product and it will, if you have already been charged, refund the relevant amount paid within a short time after that.
All prices stated on the Site include VAT. In the case of products, delivery costs will be added to each order and specified separately.
Ordering through the Site
To place an order, you should follow the instructions on the Site.
GAG will send you an order acknowledgement specifying the order reference number, the product/Content ordered or the Services to which you have subscribed, the charges for such products Content or Services, the method of payment (but not payment card number) and your right, if any, to cancel. In the case of any products, the delivery charges, total cost and estimated timescale(s) for delivery will be specified.
GAG recommends that you print out your confirmation e-mail in case you want to contact GAG about your order at a later date or if you need to return any products.
When you complete the online ordering process, you are making an offer to GAG to subscribe to the relevant Services or to purchase the relevant Content or product.
Payment will be taken from your payment card or by such other means as GAG authorises when an order is successfully completed online.
Acceptance of an order and the completion of the contract takes place in relation to the supply of Content upon the supply of that Content, for the Services on deduction of the first payment and in the case of the products, on the dispatch of those products to you.
In relation to the Services, the subscription is payable in advance for the particular payment period (for example the charges for any monthly subscription will be deducted on the date that your offer is accepted and thereafter on the same date (or, in the case of a weekend, the immediately preceding working day) in each subsequent month).
Please note that where Content is downloaded, you will be responsible for paying your network provider's applicable GPRS costs for the download in addition to the costs of the Content or Services.
Ordering by the Text
You may order Content or subscribe to Services by SMS text to the number set out on the Site (or any advertisement) quoting the reference for the Content or Services you wish to order. You may not order any physical products by SMS.
GAG will send you a text to confirm receipt of the order, specifying an order reference number, the Content or Services ordered, the charges for such Content and your right, if any to cancel.
Any offer you place by SMS will be an offer to purchase the item of Content or Service with the reference you provide.
Payment will be taken through reverse charge billing through your network provider and will be processed on your next bill if you are a contract customer or deducted from your credits is you are a pre-pay customer. If you are a pre-pay customer, please ensure that you have enough credits to complete the transaction.
Please note that you will be charged your network provider's applicable SMS text message rate for your offer and, where Content is downloaded, your network provider's applicable data costs for the download in addition to the costs of the Content or Services.
Acceptance of your order and the completion of the contract for the supply of the Content will take place on the supply of the Content or for the Services on the charge for the Service.
In relation to the Services, the subscription is payable in advance for the particular payment period (for example the charges for any monthly subscription will be charged to your network provider or deducted as appropriate on the date that your offer is accepted and thereafter on the same date (or, in the case of a weekend, the immediately preceding working day) in each subsequent month). You must ensure that you have sufficient credits when required for each payment date.
Delivery and Availability of Content
GAG will make every effort to grant you access to the Content through the Services or to fulfil an order for any Content as soon as possible after acceptance of your order.
Whilst GAG will take reasonable steps to minimise any delays in fulfilling orders or granting you access to the relevant Content, delays will occasionally arise due to unforeseen circumstances or factors outside GAG's control (for example problems with your service provider, network or any third party supplier or through excessive demand for our services). In addition, GAG may suspend the Service or the access to any Content for repair, maintenance or upgrade work (and GAG will where possible minimise the extent of such disruption). GAG will not be liable for any delay or failure to dispatch or give you access to any Content in any such circumstances.
Delivery of Products
Where payment is made by a payment card, delivery will only be made to the address of the cardholder.
All items are supplied subject to availability and may become unavailable at any time. If GAG is unable to supply the item within 30 days of your order GAG will send an email to you to inform you that this is the case.
GAG will make every effort to dispatch items ordered within 20 working days. Items ordered will usually be delivered on GAG's behalf by its nominated carrier. Whilst GAG will take reasonable steps to minimise any delays, delays will occasionally arise due to unforeseen circumstances such as the unavailability of specific items or factors outside GAG's control (for example but not limited to postal problems, or industrial action). Accordingly, GAG will not be liable for any delay or failure to dispatch items within the estimated timescale.
Ownership of ordered items will pass to you on dispatch and risk in the items will pass to you on delivery or immediately following any attempt to deliver to the delivery address you have provided to GAG.
A further email will be sent to you when the products are sent for dispatch. All enquiries and correspondence should be sent to the address below quoting your order reference number, if any.
In relation to products to be delivered overseas, whilst GAG will make every effort to ensure these are delivered as set out above, items may take longer to deliver and may be delayed in clearing customs. GAG cannot be liable for such delays. You will be responsible for the payment of any taxes, duties, levies or other charges payable in relation to the importation of those products in addition to the costs payable for such products.
Confirmation and Verification of Information
Please ensure that when making an order the information you provide is correct and complete. For orders made through the Site, correspondence will be sent to the email address (if any) you provide when submitting your order or registering for an account. GAG cannot be held responsible for any loss or damage arising from a result of your failure to provide the correct information.
If you wish to make any changes to the information you have provided then please amend your details or inform GAG immediately using the contact details below quoting the order reference if any. Unless it would be unreasonable for GAG to do so, GAG will act on any requested changes.
When processing your order, the information provided will be subject to credit card, fraud prevention and network provider checks. For these purposes we may transfer this information to trusted third parties. GAG will also provide your details to third parties (including service providers) to enable the order to be fulfilled.
Right to a Refund and Right to Cancel
GAG will accept the return of and provide a refund for defective or faulty products returned within 30 (thirty) days of delivery. The products must be returned in their original packaging together with a copy of your confirmation of dispatch e-mail. On return please provide a brief description of the fault.
Except as set out below, under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel this Agreement and obtain a refund for any reason. You may do so by contacting GAG at the address below or, where you have ordered by SMS by texting "stop" to the number below] within 7 (seven) days of the date of receipt of the confirmation (in the case of Content or Services) or the date of delivery (in the case of products). The right to cancel does not include the right to cancel or return any tickets or packages for any events, any travel to or from any event or any hospitality packages, periodicals or personalised items or any audio/video recordings or software that have been unsealed.
By the nature of the Content, the Services and your requirement for any Content to be provided as soon as possible following order, this right to cancel will cease where:
you have been provided with the Content ordered or GAG or its agents have dispatched the Content ordered; or
you have accessed any Content following the activation of the Service.
To obtain a refund of any products, those products should be returned, with a copy of the delivery note/dispatch email and the original packaging to the address below.
Unless the order was for more than one product and only part of that order is returned, GAG will refund the original delivery charges where the products are returned in accordance with paragraphs 33 or 34. If any products are returned as a result of GAG's error or because the products are defective or faulty, GAG will also pay the reasonable costs of returning the products to GAG.
GAG will only provide a refund for products lost in transit whilst being returned to GAG upon receipt of appropriate proof of posting.
Within a reasonable period following cancellation (where you are entitled to do so), GAG will refund to your payment card (or refund you through any other method used for payment) the costs paid for the products, Service or Content ordered and where relevant the delivery charges.
You are entitled to a refund of the price of any Content ordered if you can show that the Content provided to you or any third party is not supplied or is incorrectly supplied as a result of any failure on GAG's part. You will not be entitled to a refund of the cost of any Service unless you are unable to access or send any Content as a result of any failure on GAG's part.
In addition, as GAG will incur costs in the supply of the Content, you understand that GAG is unable to provide a refund after any Content has been sent where:
you have provided an incorrect or incomplete phone number, email address or other information;
you have ordered the incorrect Content;
the mobile device to which the Content is sent:
does not support the Content;
is unable to receive the Content as the mailbox is full (and has no additional memory to receive the Content);
is out of range or for some other reason cannot be contacted;
you erase the Content or do not process the Content when ordered; or
you are unable to access or process Content for any other reason outside of GAG's reasonable control.
As certain Content will only be accessible by particular models of mobile devices and you should check carefully that your mobile device (or the mobile device or the recipient) can process the Content.
In the event that you cannot access your Service or you do not receive any Content please first of all ensure that you or the recipient have: (a) provided the correct information; (b) your mobile device is able to support the Content; and (c) you have followed the instructions provided by the manufacturer. If you or the recipient are still unable to access any Content, please contact GAG though the details below.
Where you order through the Site you should check that the Content you are ordering fulfils your requirements prior to ordering.
Increase in Prices and Interest
Whilst GAG will try to keep its subscription prices low, from time to time, the costs of the Services to which you subscribe may increase. GAG will notify you prior to the date of your next payment of the amount of such increase and you shall be entitled to cancel the Services prior to such increase taking effect.
In the event that any network service providers or other service providers increase any costs which we must pass on to you, we will use our reasonable endeavours to notify you as soon as possible of any such increases and give you, where it is reasonable for us to do so, the option to terminate the Services prior to the next date on which payment is due and prior to such increase being passed through to you.
Responsibility
Some of the Content and products on the www.mobsods.com Site is of an adult nature and is restricted to those individuals over the age of 18. If you wish to purchase any products, Content or Services from www.mobsods.com, you warrant that you are at least 18 years of age and possess the legal authority to purchase products through this Site. Where you are authorised to send any Content to any other person under this Agreement, you warrant that the person to whom any such 'adult' Content is sent is over the age of 18.
You are responsible for any Content you download and/or access or send to any third party. You must ensure that the messages you send are not likely to cause someone inconvenience, distress or other needless annoyance. In the case of any complaints, we reserve the right to provide your details to the recipient of any Content or any network or other service provider.
You agree to use this Site in accordance with the General Terms.
You agree to be financially responsible for all transactions you undertake through your use of this Site (as well as the use of your account by others) and to be responsible for the payment of any amounts due to GAG in relation to your use of the Services and the purchase or any products, Content or Services. If you are not responsible for paying the mobile device bills, it is up to you to get the permission of the person who pays such bills before ordering through SMS. Where you pay by payment card or billing account, you confirm you are able to authorise payment through those accounts.
If you set up an account with GAG, you are responsible for the use of your account. You must notify GAG (by the methods set out below) if you become aware of any unauthorised access to your account as you will be responsible any products, Content or Services purchased or for any Content accessed by or sent to any third parties from your account until a reasonable time following notification to GAG of such unauthorised access.
Termination
You may terminate the Service at any time by notifying us by email to the address below or by texting "stop" to the number below. Unless we are in breach of this Agreement and/or you are entitled to a refund as set out above, you will not be entitled to any refund or repayment of any amounts paid.
GAG may terminate the Service without liability to you for any reason prior to the date of your next payment such termination to take effect on the next payment date. GAG will notify you in the event that it intends to terminate the Services.
GAG may terminate the Service at any time without notice to you and without any liability to you or to any third party:
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in the event that any payment is not made on the date due;
if GAG considers that you are in breach of this Agreement;
if GAG considers you have abused your access to the Content; or
if you do not comply with any restrictions or limitations imposed on any Service.
Liability
GAG will be responsible for any losses you suffer as a result of a breach by GAG of this Agreement where those losses were reasonably foreseeable to both you and GAG at the date you make your order. GAG will not be responsible for any business or economic losses (including but not limited to loss of profit, revenue, contracts, anticipated savings or opportunity) or any other indirect loss that is not reasonably foreseeable to both GAG and you when the order was made.
In any event, GAG's maximum liability to you or any third party for that transaction shall be the amounts paid by you for the relevant products or Content or in relation to Services the amount of the most recent payment for that Service.
Nothing in this Agreement will limit or avoid in any way GAG's liability for death or personal injury caused by GAG's negligence, breach of statutory duty or its wilful act or omission.
You will be responsible for any breach by you of this Agreement. You will indemnify and hold GAG and its licensors and their agents, servants and employees harmless from any loss, expenses, costs (including legal costs), claims, demands, proceedings or liabilities arising from your use of the Content or any breach by you of this Agreement.
Ownership of Rights
GAG and its licensors own all Rights in the Content and the Site (including but not limited to their design, any text, graphics, illustrations, images or music) unless otherwise stated. In this Agreement, Rights shall mean all copyright (and all other rights of a like nature), neighbouring rights (including rights in performance), registered and unregistered design rights and trade mark rights and all other intellectual property rights (of whatever nature). Except to the extent set out in paragraph 60, you acknowledge that you will not own any Rights in the Content or the Site by virtue of your use of the Site, your agreement to purchase or the receipt of any Content and/or your subscription to any Service.
Unless otherwise authorised by GAG neither you nor the recipient may send any Content sent to you to any other person. GAG grants to you a limited, non-exclusive, non-transferable revocable licence to use the Content and Service on a designated compatible mobile device, PC or Mac for your own personal non-commercial use. You may not otherwise copy, reproduce, republish, download, post, broadcast, transmit, adapt or otherwise use any Content or any part of this Site in any way.
All brand, product and service names used in the Site are (unless otherwise stated) the trade marks, trade names or service marks of GAG or the parties to whom they refer. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or service marks without the prior written permission of GAG or the owner of such trade marks, trade names or service marks.
These Sites may be accessed throughout the UK and overseas. GAG makes no representation that the Content (or any content of this Site) complies with the laws (including any Rights) of any country outside the UK. If you access this Site or any Content from outside the UK you do so at your own risk and are responsible for the compliance with any laws in the country in which you are located.
Please note that some of the Content may contain impersonators of the celebrities. Where impersonators have been used this is made clear alongside the Content and you should be aware that such Content is not authorised by the individual(s) impersonated or parodied.
General
This Agreement may be varied from time to time. Please ensure that you review these terms and conditions carefully each time you make an order as you will be deemed to accept the latest version of this Agreement when any order is made. In relation to any change to the terms and conditions affecting the supply of any Service we will give you notice of any change to this Agreement to enable you to terminate the Service prior to the next payment date.
If any term of this Agreement is deemed invalid, void, or for any reason unenforceable, that term will be deemed severable (unless the severance is against public policy) and that severance will not affect the validity and enforceability of any remaining term of this Agreement.
If you breach any term of this Agreement and GAG takes no action, GAG will still be entitled to assert its rights in the event of any further breach of that or any other term of this Agreement.
The provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded from this Agreement and to this end you acknowledge that nothing in this Agreement gives any third party the right to enforce any of these terms against GAG or you.
GAG may be entitled to assign the rights and obligations set out in this Agreement provided that in doing so this does not reduce any of your rights under this Agreement. By the nature of the Services and Content and the requirement for GAG to conduct verification checks, this Agreement is personal to you and you shall not assign or transfer your rights and/or obligation in whole or in part without the prior written consent of GAG (which shall not be unreasonably withheld or delayed).
Neither party shall be liable for its inability to perform any obligation where such inability is caused by any cause not within its reasonable control (including but not limited to any strikes or labour disputes).
This Agreement constitutes the entire agreement between you and GAG in relation to the Content and any Services that you order from GAG and except as set out in paragraph 64, this Agreement may only be amended by a written document signed by both you and an authorised representative of GAG.
This Agreement is governed by and interpreted in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the non-exclusive jurisdiction of the English Courts.
Contact Details
All enquires and correspondence should be addressed to, quoting your reference number if any:
| Refunds | Stop/Terminate | Change information | General Enquiries | |
| info@mobstarmedia.com | info@mobstarmedia.com | info@mobstarmedia.com | info@mobstarmedia.com | |
| Text* | ||||
| Post | 15-17 Middle Street, Brighton, East Sussex, BN1 5DP | 15-17 Middle Street, Brighton, East Sussex, BN1 5DP | 15-17 Middle Street, Brighton, East Sussex, BN1 5DP | 15-17 Middle Street, Brighton, East Sussex, BN1 5DP |
* please note that you will be charged your service provider's relevant SMS charges for each SMS text message sent.