Terms and Conditions for the use of this site (scroll down)

Please read these terms and conditions carefully, they contain important information about your rights and obligations.

1. Introduction

1.1. Please read these terms and conditions carefully before using this website and the mobile sites which are operated by Funkigroup Limited (‘Funkigroup,’ ‘we’ or ‘us’). In particular, we draw your attention to clauses 8 (Applicability of online materials) and 12 (Liability).

1.2 Without prejudice to the above, by using or accessing our website and the mobile sites (the ‘Site’) you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our Site. If you do not wish to be bound by these terms and conditions then you may not use our Site.

2. Nature of our Site

2.1 Our Site is a place for you to license and/or purchase or use any software, products, ringing tones (also MIDI, sampled audio or any other more advanced ringing tones), caller group icons, picture messages, operator logos, screen savers, graphics, wallpapers, audio clips, video clips, icons, images, Java™ midlets, applications, games and/or other services and/or materials (the ‘Products’). Our Site describes the Products in more detail.

2.2 Please note that the contents of our Site are aimed at users aged [16] and above, but you must be over 18 years to purchase the Products, and at all times if you are not the bill payer, you must have the bill payer’s permission to make such purchases, using the payment methods displayed on our Site.

3. Buying products on our Site

3.1 To order a product you will need to follow the ordering procedures set out on our Site. Details of our prices for the Products, and the procedures for payment and delivery are displayed on our Site.

3.2 Any times or dates stated on our Site for delivery are estimates only. We will make all reasonable effort to deliver goods within the time specified, but do not accept liability for any failure to deliver within that time.

3.3 Payment methods are detailed on our Site and payment must be made at the time of order. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our Site are accurate but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price.

3.4 We are entitled to refuse any order placed by you.

3.5 You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our Site will be correct, that the payment method you choose to use you are authorised to use. We reserve the right to obtain validation of any of the details that you provide before supplying you with any of our Products.

4. Returns

4.1 Due to the nature of the Product, the fact that the item can be previewed and/ or heard prior to purchase and once it has been sent it cannot be returned there is no right of cancellation;

Nothing in this clause is intended to restrict any statutory rights that you may have.

4.2 If you have any complaints, you should direct them to the name and address details set out in these terms and conditions.

5. Modifications to Site

We reserve the right to alter, suspend or discontinue any aspect of our Site or the content or services available through it, including your access to it. Unless explicitly stated any new features including new content or resources shall be subject to these terms and conditions.

6. Information you provide

6.1 The following applies to any information you provide to us, for example during any registration or ordering process:

• You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our Site by us or our sub-contractors. If you obtain or choose to buy Products through our Site then we may collect information about your buying behaviour and if you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as ‘the Purposes’). All such information collected by us shall be referred to in these terms and conditions as ‘Personal Information’.
• You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.

6.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our Site, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should contact us with your request.

6.3 In addition, the following also applies to all messages, e-mails, ideas, suggestions, concepts or other material submitted by you to us (‘Content’):

• you must own or have the right to submit Content for publication on our Site;
• you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful; and
• we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.

6.4 You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all losses and liabilities (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.

7. Security

You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on our Site. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our Site that comes to your attention.

8. Applicability of online materials

8.1 Unless otherwise specified the materials published on our Site are presented solely for your private, personal and non-commercial use.

8.2 Our Site is controlled and operated by us from our offices in Newcastle upon Tyne, UK. Where content published on the Site is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to Products you purchase.

8.3 You assume total responsibility and risk for your use of our Site and use of all information contained within it.

8.4 We have used our best endeavours to ensure that our Site complies with UK law. However, we make no representations that the materials on our Site are appropriate or available for use in locations outside the United Kingdom.

8.5 We make no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

9. Copyright and monitoring

The contents of our Site are protected by international copyright laws and other intellectual property rights. The owner of these rights is Funkigroup or other third party licensors. All product and company names and logos mentioned in our Site are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our Site for the sole purpose of placing an order with Funkigroup or using our Site as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our Site including but not limited to text, ringtones, images, graphics, video, games, messages, code and/or software without our prior written consent, except where expressly invited to do so.

10. Linked sites

We make no representations whatsoever about any other Sites which you may access through our Site or which may link to our Site. When you access any other Site you understand that it is independent from Funkigroup and that we have no control over the content or availability of that Site. In addition, a link to any other site does not mean that Funkigroup endorses or accepts any responsibility for the content, or the use of, such a Site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its Site administrator or web master.

11. Availability of our Site and the Products

We will try to make our Site available but cannot guarantee that our Site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Site, router or any other internet connected device.

Our Products may require networks which meet certain technical specifications. Products may be dependent on your network operator's networks and messaging systems capabilities, parameters and settings and other features and functions. Products may be subject to legal restrictions. You should check all of these with your network operator or otherwise prior to ordering or making any purchases from us.

12. Liability

12.1 We promise that for any Product you purchase from our Site that we have the right to sell the Product to you; and the Product will correspond with the description we have given to you.

We also promise that any service we provide to you will be provided with reasonable skill and care.

We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the products, our Site or any information or service provided through our Site.

We will do our best to ensure that all materials and information published on our Site are accurate, but please note that all materials and information on our Site are provided on an ‘as is’ basis.

12.2 In relation to the purchase of Products, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our Site or its contents other than as a direct result of purchasing Products, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Funkigroup or our servants, agents or any other person.

12.3 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.

12.4 You are responsible for ensuring that your computer system and mobile phone or PDA device meet all relevant technical specifications necessary to use our Site and to use the Products available through it. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

12.5 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

13. General

13.1 We may assign, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.

13.2 We may alter these terms and conditions from time to time and post the new version on our Site, following which all use of our Site will be governed by that version. You must check the terms and conditions on the Site regularly.

13.3 These terms and conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.

13.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

13.5 These terms and conditions and your use of our Site are governed by English law and you submit to the non-exclusive jurisdiction of the English court.

13.6 Neither you nor Funkigroup will be held liable for any failure to perform any obligation to the other due to causes beyond your or Funkigroup’s respective reasonable control. This shall include but not be limited to, loss or corruption of data, failure of any machine, system of authorisation, data processing or communication system or transmission link, lock-outs, strikes, other industrial disputes, riots or civil commotion, wars, expropriation or confiscation for public needs, embargo, act of God, fire, discontinuation of public or private transportation or supply of energy, shortages of fuel, power, suitable parts, materials or labour or default by any supplier or some other unusual event.

13.7 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.

14. Notices

14.1 All notices shall be given:

• to us at postal address; Funkimobiles, Funkigroup Limited, PO Box 81, Newcastle upon Tyne, NE20 9XG, UK
• to you at either the e-mail or postal address you provide during any ordering process.

Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

15. Replacement

These terms and conditions replace all other terms and conditions previously applicable to the use of our Site and/or sale of the Products.