TERMS & CONDITIONS
1. Your use of the services available on or through the Site www.mobilebooks.net (the " Site ") is subject to the following terms and conditions. You must read them and if you do not agree to be bound by these terms and conditions you should not use or access the services on this Site. Your continued use of the services on this Site will constitute acceptance of these terms and conditions. We may amend these terms and conditions at any time by posting the amended terms and conditions on the Site. Such terms and conditions as varied will apply to all transactions after posting. These terms and conditions are effective as at 1st January 2009. Inc Media Limited reserves the rights at any time to suspend or terminate your access to or use of the Site.
2. Inc Media Limited's products are for download to mobile phones via mobile web or via personal computer for use on the purchasers' mobile phone only. Transfer of mobile books to additional handsets are not permitted. The content of the Site is for general information only and does not constitute any form of advice or recommendation upon which a specific decision should be made. Inc Media Limited has done its best to ensure the accuracy and currency of the materials contained on its Site but excludes any warranty express or implied as to quality, accuracy, timeliness, completeness or fitness for a particular purpose of the material contained in this Site. Inc Media Limited will not be liable for any claims, penalties, loss, damages or expenses arising from the use or the inability to use the Site or from any unauthorised access or alteration to the Site (any a third party). Whilst we take reasonable steps to protect our systems from electronic virus attack or other harmful event we give no warranty that the Site is free of any virus or other harmful matter.
3. By accessing this Site, you agree that Inc Media Limited, its officers, employees, servants, agents, professional advisors, assignees and licensees will not be liable for any loss and/or damages whatsoever arising out of your use of the Inc Media Limited products or services, and in particular Inc Media Limited will not be liable for special, consequential or incidental damages or damages for loss of profits, loss of revenue, or loss of use, arising out of or in connection with this Site or the information or material contained in it, whether any claim is brought in contract, or tort (including negligence) or otherwise. Nothing contained in this disclaimer shall exclude Inc Media Limited from liability for death or personal injury caused as a result of its negligent acts or omissions. Your statutory rights as a consumer are reserved.
4. The copyright and the material contained in this Site belong to and remain the property of Inc Media Limited. Your access to it does not imply a license to reproduce, transmit and/or distribute this information in any form or by any means and you are not allowed to do so without Inc Media Limited's prior written consent
5. Inc Media Limited and its affiliated individuals may, from time to time, own, have positions or options in companies discussed on this Site and may also perform advisory services and/or have other relationships with those companies.
6. Although Inc Media Limited endeavours to choose useful link sites, it cannot ensure the quality or accuracy of the information they contain. Please use your own judgement.
7. Visitors agree to use the Site only for lawful purposes and are prohibited from posting on or through the web site any unlawful, harmful, threatening, abusive, harassing, defamatory or obscene material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
Ordering and Payment
8. Inc Media Limited only accepts payment by the following credit or debit cards (Visa, Visa Debit, Electron, MasterCard, Solo and Maestro/Switch), mobile phone payments including SMS and PayPal.
9. All prices are shown in Pounds Sterling, Euros or US dollars depending on the country, which the customer resides. Price and availability are subject to change without notice. You agree that we may issue you with invoices in electronic form by email.
10. Payment will be debited from your PayPal account or mobile account before the dispatch of the goods you have purchased. Upon processing a transaction, Inc Media Limited will issue you with an electronic transaction receipt, which will be sent to the email address you provide.
11. Inc Media Limited only holds your PayPal details to the extent necessary to pass on such information to its secure processing department.
Despatch, delivery and postage, and cancellation
12. Postage and Packaging costs will vary depending on where you are in the world.
The postage costs are split into 3 main regions:
UK, Europe (both EU and non-EU together), and Rest of the World (including USA Japan, Australia etc)
Please refer to the shopping cart for current postage rates.
13. We will begin supplying the goods you have ordered to you as soon as you have placed an order and we have received payment in cleared funds. You will have the right to cancel any order under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation in your jurisdiction for any reason provided that you do so within seven working days after the day on which you receive the goods and provided that in the case of audio or video recordings or computer software you have not broken the seal on the packaging of the product concerned. Notice of cancellation must be in writing and must be sent to us by post, fax or email to the address set out below and marked for the attention of Inc Media Ltd, 2 Plough Yard, London, EC2A 3LP, United Kingdom for postal cancellations, or email email@example.com
14. We aim to dispatch items within 24 hours from receipt of your order and clearance of your payment. We will inform you by email when items are dispatched.
15. Please allow up to 28 days for receipt of your order and clearance of your payment for delivery. If we are unable to deliver your order within 28 days we will contact you to advise you or this. You will then have three options: to cancel the order and receive a full refund; to agree a substitution of the goods you order; or to accept a later delivery date. Inc Media Ltd will contact you by email to arrange this. In the case of non-delivery please wait 7 working days for UK orders, 28 days for overseas from the date of your "your order has been dispatched" email in case it has simply been delayed.
16. We make every effort to ensure your purchase reaches you in perfect condition. Any item damaged or faulty and returned as per paragraph 19, will be either replaced or provide a refund.
*Important - Customs & Duty*
17. Please note that all shipments outside the EU may be subject to import duties and taxies, which are levied once a shipment reaches that country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you may want to contact your local customs office for further information. You agree to indemnity us in full in respect of any such duties and taxes
Returns and refunds policy
18. In the event that any items are lost or damaged in transit, please contact us firstname.lastname@example.org.
19. In the case of items received damaged or faulty please retain the items and contact us within 24 hours of receipt, on contact we will provide you with a Returns Authorisation Number which must be quoted on the returned goods. We will ask you to return the damaged or faulty goods to us straight away. Upon receipt of the goods if they are damaged or faulty goods they will be either exchanged or we will provide a refund of the cost of the items. In either case we will reimburse you the cost of returning the faulty or damaged goods and we will pay the cost of delivering any replacement item to you.
20. In all other cases you have the right of cancellation referred to in paragraph 15 above. We will refund the monies to you (including delivery charges) as soon as possible but in any event within 30 days of receipt of your cancellation notice. If you do not send a valid notice of cancellation within the required time limit a refund will thereafter only be given strictly at the discretion of Inc Media Limited. Your statutory consumer rights are not affected.
21. Return postage is the responsibility of the customer but will be refunded if items are faulty. You are required to keep the item(s) in good condition. All returned items must be in a good saleable condition so should be covered by some form of postal/delivery insurance. Inc Media Limited accepts no responsibility for returned items lost or damaged in transit to us.
22. If you fail to return the goods following a valid cancellation of your contract with us then we have the right to deduct the cost of us recovering the item(s) from you out of any refund that may be due to you.
23. Refunds will be made by crediting the credit or debit card that you used for the original order.
24. We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our Site and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties so the foregoing disclaimer may not apply to you.
Limitation of Liability
25. Nothing in these terms and conditions shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect of consequential damages (however arising, including negligence) arising out of or in connection with this agreement or your use of the Site. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
26. We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
27. Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total sum you have paid to us in relation to the goods ordered by you giving rise to liability, and (b) £100.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference) or your violation of any law or the rights of a third party.
29. Unless otherwise explicitly stated, notices to us must be sent by registered mail to Inc Media Limited, attention of Inc Media/Mobile Books Customers Services at 2 Plough Yard, London, EC2A 3LP, United Kingdom and notices to you will be sent to the email address that you provide to us during the ordering process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.
Applicable Law, Jurisdiction and Miscellaneous
30. These terms & conditions of use shall be construed and interpreted in accordance with English Law. The courts of England and Wales shall have exclusive jurisdiction in relation to any claim, dispute or other matters arising there from. For the exclusive benefit of Inc Media Limited, it shall retain the right to bring proceedings in the courts of the country of residence of any user of the Site.
31. If any provision of these terms & conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms & conditions, which shall continue to have full force and effect.
32. These terms are not intended to confer any benefit on a third party under the provision of the Contracts (Rights of Third Parties) Act 1999.
33. The failure of Inc Media Limited to exercise any right or remedy under these Terms & Conditions shall not constitute a waiver of that right or remedy.
Terms & Conditions – Mobile Services
1) Any Person(s) will deem to have read and understood these terms and conditions and agree to be bound by them.
2) If you download a Mobile Book through your mobile network service you will be charged your standard network rate for each SMS sent, plus you will be billed a maximum of £1.50 GBP for the product itself. At least 1.5MB (megabytes) space is needed to download a Mobile Book to be stored on a mobile phone device. Download data charges apply depending on network and operator service. Alternatively you can email us through http://www.mobilebooks.net/en/php/contactus.php for more information.
3) All indivduals under the age of 16 must have the permission of the bill payer before purchasing a Mobile Book by SMS.
4) Mobile Books will issue no refunds or recourse for misdialed numbers or mistyped keywords.
5) All decisions of Mobile Books are final and binding and no correspondence will be entered into.
6) If for any reason an advertised product is unavailable, Mobile Books reserves the right at its absolute discretion to substitute a similar product of equivalent or greater value or offer an alternative substitution. No product may be exchanged or transferred in any form or be alerted in anyway.
7) Where products are to be provided by a third party, the consumer(s) will be required to complete all appropriate or applicable booking or other formalities direct with such provider. Mobile Books will have no responsibility for the acts or defaults of any other persons.
8) All Consumer(s) personal information remains the property of Mobile Books and will not be sold, passed on, or used by any third party for any purpose. Mobile Books will only submit personal details to governmental bodies, police forces, regulators or networks should information be required to assist in any investigations concerning breach of regulations or illegal activity. Mobile Books will only submit information in response to written requests from any of the above parties.
9) Mobile Books cannot be held liable for system failures on websites, mobile networks, or email systems. Neither can we be held responsible for the failure to fulfill the obligations of any third party involved in product distribution. Mobile Books will always endeavor to minimize the effect to the participant in the event of such failures. For a full mobile phone compatibility list please refer to http://www.mobilebooks.net/en/compatibilitylist.html
10) In the event of an enquiry or complaint, please direct your correspondence to email@example.com or call our customer care line on: 44 (0) 8452997040 or alternatively write to Mobile Books, 3rd Floor, 2 Plough Yard, London, EC2A 3LP, UK. We will endeavor to respond to all enquiries within seven working days.
11) Mobile Books reserves the absolute right to disqualify or reject any person(s) to any service which it considers has not fallen within the terms and conditions or has used illegitimate or illegal means to enter.
12) No responsibility will be accepted by Mobile Books for any circumstances which do not fall within the terms and conditions stated.
The copyright on www.mobilebooks.net (including but not limited to audio files, text, photographs, graphics and software) is owned by Inc Media Ltd. All rights are hereby reserved by Inc Media Ltd. Users may access content on www.mobilebooks.net solely for their own personal, non-commercial use. Users may not otherwise download or copy, store in any medium (including any other website), distribute, transmit, re-transmit, modify or show in public any part of www.mobilebooks.net without the prior written consent of the Inc Media Ltd outside the stated terms and conditions that can be found at www.mobilebooks.net/en/terms.php.
Mobile Books operate a strict NO-SPAM policy. This means you will not receive any unsolicited SMS Text or Email message(s) unless you have given Mobile Books prior consent to. Please contact us via email if you have further questions at http://www.mobilebooks.net/en/php/contactus.php.
Mobile Books Customer Care Team
Inc Media Limited is a limited company registered in England and Wales under number 5995837 and with its registered office at 2 Plough Yard, London, EC2A 3LP.
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