Fonepark Terms and Conditions for Consumer Use

Applicability
These Terms and Conditions ('Terms') will apply to all sales of ringtones, graphic logos and other mobile phone content ('Item') made to you the customer via the Fonepark Affiliate Service ('Service') and any related ordering system and any affiliated web pages (the 'Site'). Use of the Site indicates acceptance of these Terms. The Service is provided by Fonepark, a wholly owned brand operated by Rok Entertainment Group Ltd ('Fonepark').

Licence
The sale of any Item made pursuant to these Terms shall comprise a perpetual non-exclusive licence to store the Item on the single mobile phone to which the Item is transmitted and for no other purpose whatsoever. All other rights in the Item are reserved and shall remain vested at all times in the Service and/or in any other party from whom it may have acquired the right to grant a licence.

Price
The Price of any Item purchased pursuant to these Terms shall be the price prevailing at the time you confirm an order as reflected in the price list posted on the Site. All prices include Value Added Tax where applicable and any other relevant tax added thereto at prevailing rates from time to time.

Delivery
Delivery of any Item purchased pursuant to these Terms will be made direct to your mobile phone details of which are provided by you at the time of purchase. Delivery is conditional in all respects to:
Your mobile phone must be set to receive text messages.
The Item you order must be capable of being received on your mobile phone.
Items can only be sent if your phone is on a compatible mobile phone network, a full list of which is available on the order form.
You are able to access WAP services and have WAP activated on your mobile phone.

Delivery will be attempted immediately on receipt of your order. In the event an Item is not delivered to your mobile phone we will on request re-send the Item free of charge once to the same phone. If your mobile phone remains unable to receive delivery of the Item and the reason for non-delivery is not attributable to one of the items specified above which you have indicated does not apply in your case we will refund your payment.

Warranty
It is an express condition that any customer purchasing an Item through the Site is fully and legally entitled to do so and in the event that you place an order for an Item you hereby warrant and represent that the bill payer is over 18 years old and is aware of the purchase price. Any information you provide about yourself whether in connection with the purchase of an Item or otherwise is true, accurate, current, complete and not misleading. Fonepark in turn warrants and represents that it has all necessary rights to grant the licence to use any Item sold pursuant to these terms.

Usage Of Data
Fonepark is registered to store information (data) on customers, lawfully and in accordance with the Data Protection Act 1998. Information on customers is collected through the ordering process, and customers can opt out separately from receiving further communications from Fonepark or from selected third parties by ending a text message GET X to 87070. Any item of data given at the time of ordering or registration is collected and stored by Fonepark.
The information that you provide and permit use of may be used by Fonepark to contact you regarding other goods and services related to Fonepark or associated brands, but will not be passed onto any third party companies. All data will used internally by Fonepark to analyse sales and customer trends.

Licenses
Fonepark is a fully paid up member of MCPS/PRS. This is an organisation that ensures that artists/composers/musicians are paid a fixed percentage royalty for every ringtone sold from the Service.

Distance Selling
This paragraph sets out those items required pursuant to the EC Directive on Distance Selling (Directive 97/7) as ratified by the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000.
Identity: The supplier of any Item purchased pursuant to these Terms is: Fonepark of of Rok House, Kingswood Business Park, Holyhead Road, Albrighton, West Midlands WV7 3AU United Kingdom.
Description of Goods: The goods sold pursuant to these Terms comprise Items either selected from those available on the Site.
Price: The price of Items purchased via the Site shall be the price advertised alongside the Item at the time of purchase together with Value Added Tax and any other relevant tax thereon at prevailing rates from time to time.
Ordering Costs: You will be charged your standard Network Operator charge for a single SMS message.
Connection Costs: You will be charged your standard Network Operator charge for WAP access either through your 3G, GPRS or GSM connection.
Delivery Costs: Items are delivered directly to your mobile phone at no additional cost and the price of delivery is inclusive within the price of the Item.
Payment: Payment for any Item purchased pursuant to these terms must be made either by credit card, Pay-Pal or through text message at the time of placing the order and prior to delivery. If you order by text message then you will receive text notification messages clearly stating the amount you have been charged. You must have enough credit on your mobile phone account to accommodate this. Should you have insufficient credit on your mobile phone account, Fonepark will keep attempting to bill you until the payment has cleared. During this time, your mobile phone number will barred from ordering additional Items.
Cancellation: Due to the nature of the product, the fact that the Item can be previewed or heard prior to purchase and that once sent it cannot be returned there is no right of cancellation.
Viewing and communicating with Fonepark: There are no premium rate charges that you will incur by reason of communicating with Fonepark. The cost of any such communication will accordingly be limited to the charges you would normally incur for use of the Internet in accordance with personal arrangements made with your internet service provider and your telephone carrier.
Customer Service Provision: Fonepark provide customer services on a National Rate line in the UK,
Price Validity: The price of Items is fixed at the date of purchase. Future purchases shall be subject to prices prevailing at that time.
Duration of Contract: The right and licence to use a Item sold pursuant to these Terms is perpetual, non-exclusive and irrevocable but limited to use on the mobile phone to which the Item is initially transmitted.

Limitation of Liability
Fonepark shall have no obligation to you other than to use all reasonable endeavours to deliver an Item ordered by you in accordance with delivery instructions provided by you. Fonepark's liability hereunder shall not in any event exceed the price paid by you for the Item ordered nor subsist more than three (3) months after the date of purchase unless death or personal injury occurs as a result of Foneparks' negligence. Fonepark accepts no liability for any adverse effects you or any third party may suffer by reason of listening to or viewing a particular Item. Notwithstanding the foregoing Fonepark shall have no liability whatsoever for any indirect, exemplary, punitive, economic or other consequential damages suffered by you of any kind. Fonepark accepts no liability for the loss of existing Items that may currently be stored on your phone.

Force Majeure
Fonepark shall have no liability for any delay or non-performance of its obligations hereunder in the event and to the extent that such delay or non-performance is due to an event of force majeure. Events of force majeure include, but are not limited to, war, acts of government, natural disasters, fire, acts of God. Without limitation to the forgoing you acknowledge that the functional aspects of the Site may be subject to interruption or error and that viruses or other harmful components may be introduced to the Site or the server by third parties from time to time. You accordingly acknowledge that you use the Site entirely at your own risk.

Indemnity
You hereby agree to indemnify Fonepark and to hold us harmless from any loss or damage we may incur by reason of any breach by you of any of these Terms.

Severability
If any provision contained in these Terms is adjudged invalid, illegal or unenforceable in any respect such provision shall be deemed severed here from in its entirety but this shall not affect the enforceability of the remaining provisions that shall continue in full force and effect.

Applicable Law
All contracts entered into pursuant to these Terms for the delivery of Items shall be subject to English law and any dispute arising hereunder shall be subject to the exclusive jurisdiction of the English courts to which the parties hereby submit.

Statutory Rights
These terms do not affect your statutory rights as a consumer.

Questions
Please direct all questions and comments via email to: terms@fonepark.com