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Terms and Conditions

This agreement constitutes the entire and only agreement between the parties relating to the subject matter of this agreement and supersedes 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 and Conditions :

  • 'content' means ringtones, downloads, graphics, videos or other such content for mobile devices available on the web/ wap site.
  • 'website' means the site managed by Teimlo Limited at www.ecumen.com
  • 'we' 'us' or 'our' means Teimlo Limited on behalf of Ecumen.
  • 'you' or 'your' means the customer.

Acceptance

These terms of sale cover your purchase of the content and its use. If after 2 hours of your order, the content has not been sent to your mobile device, please contact us by ringing 01291 672150 (charged at National Rate) or by emailing cuserve@teimlo.com. Our agreement allows only you to use the content and you must not transfer the content to any other person(s). You will be in breach of intellectual property right laws if you do this.

Content

We will try to make sure the content 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 does not support the Content.
  • 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 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.

As you have chosen to order content from the Web/ wap site, you agree that you have had opportunity to check, prior to ordering, the content's suitability. We accept no liability for content which is not fit for the purpose for which it was ordered or if it is not suitable for your purpose.

If once you have downloaded your chosen content it seems to be defective or malfunctions please contact Us by emailing cuserve@teimlo.com or by calling Customer Care on 01635 279788 (charged at National Rate).

Ordering

You may order Content by using the Bango payment alternatives.

The service is free (you may be charged a small amount by your service provider), you will only need to pay if you decide to buy content. Payment can be made on your mobile phone bill (UK and Germany Vodafone m-pay, Cingular USA, Telia, Tele2 and Vodafone in Sweden) , by premium SMS, Credit Card and now by PayPal. Click here for more details.

PayPal
To setup PayPal billing you need to follow the procedure below;

  • Visit http://bango.net on your mobile phone, select My Options and make note of the 'Fingerprint' number shown.
  • Then visit http://bango.com/woc/paypal/ on your computer and enter the Fingerprint number in the box given.
  • You will then go through an authorisation process to link your PayPal account to your mobile phone number.

All prices are expressed inclusive of VAT payable unless otherwise stated. If there is anything you do not understand, or if you want more information please contact us.

Once the payment has been made in accordance with the instructions above by one of the given methods, we will initiate the download process.

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 provide 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, or those other companies, sending you this information at any time by telephoning 01635 279788 (charged at National Rate)., emailing cuserve@teimlo.com or by writing to Customer Care, Teimlo Limited, 69 Bridge Street, Usk, NP15 1BQ.

If you wish to know where your personal information has come from we will provide you with the relevant information upon your request in writing along with a fee of £10.00 to cover administration costs. The address to send this to is Customer Care, Teimlo Limited, 69 Bridge Street, Usk, NP15 1BQ.

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 England and Wales and shall be subject to the exclusive jurisdiction of the Courts of England and Wales.