QPMobileMobile Music Terms and Conditions
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Terms of Sale
Entire Agreement
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.
Definitions
In these Terms of Sale:
"Content" means logos, ringtones, pictures or other such content
for mobile devices available by one off purchase or subscription to QPMobileMusic
clubs. 'Website' means the site of QPMobileMusic at www.gaymobilemusic.com.au. "We"
"Us" or "Our" means QPMobileMusic.
"You" or "Your" means the customer.
Acceptance
These Terms of Sale govern your purchase of the content and its use. If after
24 hours of your order, the content has not been received by your mobile device,
please contact us by calling Customer Service on 1300 556 761 or by emailing
.
Content
The advertised club or content charge (which includes GST) and the frequency
applies when you order, irrespective of whether or not you download the content.
You have 7 days to download the content. Standard WAP charges will also apply
to download the content and will appear on your mobile bill. Please call your
service provider for standard WAP rates.
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:
- You have provided an incorrect phone number or other incorrect information.
- Your mobile device does not support the content.
- Your WAP or GPRS settings have not been correctly
configured.
- Your message mail box is full and has no additional memory to receive the
content.
- Your mobile device is out of range or for some other reason cannot be contacted.
- You accidentally erase content provided to you.
- You have not allowed sufficient credit to complete the transaction.
- You supply any material or instructions which is incomplete, incorrect,
inaccurate, illegible or in the wrong form.
We can assure you that:
- Provided you have properly downloaded it, you have the right to use the
content.
If you have downloaded your chosen content and it seems to be defective or
malfunctions please contact us by calling Customer Service on 1300 556 761
or by emailing
For one-off purchases you will be charged in accordance with the advertised
price. One-off purchases from the QPMobleMusic WAP site will be charged at
$5.00 or $6.60 depending on the product. Prices may change without notice.
For more information call Customer Service on 1300 556 761 or email
.
Liability.
We 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.
Personal Information
We 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 calling Customer Service on
1300 556 761 or by emailing
.
General
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.
Fair Use Policy
This policy is designed to protect QPMobileMusic and you, as a customer. QPMobileMusic
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.
Cancellation
You 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 556 761; by emailing
; or by sending the word STOP to the shortcode from which your SMS Welcome
Pack was sent. You may be contacted by QPMobileMusic with further information
or offers. Please do not hesitate to contact us if you are ever dissatisfied
with the service you receive.
