MaxBox SMS Text Bundles
Terms and Conditions
This is NOT a subscription service
The service is provided by MaxBox Digital Retail Ltd. (“MaxBox”, "we" or "us") and relates to content procured by MaxBox Digital Retail Ltd for personal use on your mobile phone.
SMS Text Bundles can be downloaded to your mobile phone from participating MaxBox kiosks.
Content is available to all O2, Vodafone, Orange, Virgin, Three, T-Mobile, Fresh Mobile, Asda Mobile, Tesco mobile, Mobile World, M&S Mobile and Talk Talk Mobile prepaid and contract subscribers in the UK.
For more information on how to use this service please refer to the FAQ section within the SMS Text Bundle purchase pages on the MaxBox or visit www.themaxbox.com.
Use of the MaxBox kiosk
The MaxBox kiosk may only be used in accordance with the instructions provided and for the purposes specified. Any other use is strictly prohibited. You agree that you will not use the MaxBox kiosk to infringe the rights of any third party and you will fully comply with all relevant laws and regulations.
In particular (but the following list is not exhaustive) you agree that you will not use the MaxBox kiosk for:
• any material that contains any contaminating or destructive codes such as viruses, worms, 'Trojan horses' or any other similar features;
• any material the rights in which are owned by third parties without the express written permission of the relevant third parties;
• any hacking, gaining or attempting to gain unauthorised access to any servers controlled by us or any third party, or for decompiling, reverse engineering or disassembling any software used in connection with this service.
We shall decide, at our discretion, whether your use of the MaxBox kiosk constitutes any breach of the above restrictions or any of the other Terms and Conditions.
Acceptance and delivery of orders
Your mobile must
be WAP enabled and have the correct WAP settings installed.
We will try to
make sure that the content you have ordered reaches you,
but sometimes this may be affected by factors we cannot
control, for example, interruptions to our services due to
faults in networks or third party suppliers and 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 is not WAP enabled where you were made aware
that this was a requirement prior to purchase.
•
Your
message mail box is full and has no additional memory to
receive the content.
• Your mobile
phone is out of range or for some other reason cannot be
contacted.
• You accidentally
erase content provided to you.
• 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.
Price
information
All prices
displayed onscreen are correct at the time when they are
posted on the system. Prices displayed onscreen will
prevail at all times in relation to orders placed through
the system.
You must have permission from the bill payer/mobile owner
in order to use this service.
Some products require downloading over WAP / GPRS, and your
service provider may charge for this. Please contact your
Network to check charges and setup WAP / GPRS on your
phone.
Quality
You acknowledge
that the quality of any content may differ slightly to that
displayed on the MaxBox screen, website or in the
description on a WAP site.
Limitation of Liability
Whilst we shall
use reasonable endeavours to ensure that the service is
available and operational for the majority of the time we
do not warrant that the service will be available at all
times and error-free or that all errors will be corrected.
Any material or software downloaded or otherwise obtained
through the use of the services available from the system
is used at your own risk and you will be solely responsible
for any damage to your mobile phone or loss of data that
results from the download of any such material.
We have taken every care in the preparation of the content
of this system. To the extent permitted by applicable law,
we disclaim all express and implied warranties including
without limitation as to the accuracy of the information
contained in all materials and we shall not be liable to
any person for any loss or damage which may arise from its
use.
We may modify or discontinue, temporarily or permanently,
any part of the services, with or without notice to you,
and you confirm that we shall not be liable to you or to
any third party for any modification to, or discontinuance
of, any part of the services.
Any liability we may have to you shall in any event be
limited to the redelivering of the content or at our
discretion a refund of any charges paid.
These Terms and Conditions do not and shall not affect your
statutory rights as a consumer. For further information
about your statutory rights contact your local Trading
Standards Department or Citizens Advice Bureau.
Intellectual property
The MaxBox SMS
Text Bundle software and the MaxBox SMS Text Bundle
services may not be used for any purpose which may infringe
the rights of any third party including without limitation
any copyright owned by third parties. All intellectual
property rights including brand, product and service names,
titles and copyrights used are the trademarks, trade names,
service marks, copyrights or other intellectual property of
their respective holders and may not be used without the
owners' consent. MaxBox Digital Retail Ltd and its
suppliers reserve all rights not expressly granted
including without limitation any intellectual property
rights it may have in or relating to the MaxBox SMS Text
Bundle software.
Indemnity
You agree to
reimburse MaxBox Digital Retail Ltd and their associated
companies, officers, agents, licensees, business associates
and other partners and employees the full amount of any
claim, demand, cost and expense - including legal fees -
due to or arising out of your use of the MaxBox SMS Text
Bundle service, except to the extent that the relevant
claim, demand, cost or expense arises as a result of our
failure to comply with these Terms and Conditions.
Data Protection
The selected Retailer, Content Provider, Content Developer
and MaxBox Digital Retail Ltd will hold and process your
personal data and whatever other information you choose to
supply in order to provide the services to you. If Felix
Corporation acquires or develops other businesses, products
or services the data may be used by those other businesses
or for those other products and services in a similar way.
The personal details you provide are stored on our secure
server, not in a cookie. By providing your personal data
you are consenting to its use for all these purposes.
General
These Terms and
Conditions shall be governed by and construed in accordance
with the laws of England and subject to the jurisdiction of
the courts of England and shall benefit MaxBox Digital
Retail Ltd, its successors and assigns.
Queries
Any queries or
comments about the MaxBox SMS Text Bundle service should be
directed via e-mail to
help@mediadeck.co.uk. Alternatively
please call customer services on 0800 024 1155 and select
the option for SMS Text Bundles stating that you purchased
this service via a MaxBox. You will be asked for your
mobile number in order to track the order.
Copyright © 2008 MaxBox Digital Retail Ltd. All rights
reserved.
Dated 14-Jan-2008