TERMS & CONDITIONS – MOBILE MANIA
NSW Permit No TPL 07/28095.
ACT Permit No TP 07/04946,.
SA Lic No T07/5002.
VIC Permit No. 07/5443
Realm Communications (Australia) Pty Ltd of Locked Bag 4444, Brookvale, NSW 2100, Australia. (Realm) provides the subscription service known as Mobile Mania with $50 phone card free (only one per customer) and billed at $5.00 including GST ($5.00 Billing Message) every 6 days thereafter.
There is only one subscription, and no multiple subscriptions to Mobile Mania are required. Subscription to Mobile Mania allows users to download 1 premium content message per week. To cancel the service at anytime just send “STOP” to the shortcode from which the SMS originated from.
These terms and conditions form a contract between you and Realm (Agreement). This Agreement explains our obligations to you and your obligations to us in relation to the Services, information on eligibility, how to subscribe, and how to claim the Services. By completing the registration process to Mobile Mania, you agree to be bound by this Agreement.
ELIGIBILITY
Services are only open to Australian residents aged 18 years or over with a premium SMS compatible and GPRS and WAP enabled mobile phone and plan which supports the relevant Services, allows participation in a subscription services and permits text messaging to the promotional SMS number.
It is your responsibility to ensure that your mobile phone is compatible and correctly configured to effectively use the Service. The Services are not available on CDMA, Hutchison 3 & Optus Mobilesat phones.
SUBSCRIPTION PACKAGE
With your subscription you will receive one (1) joke per week (Content) via WAP. The Content is not transferable or exchangeable, and cannot be taken as cash. All Content is subject to availability and handset/network compatibility.
With your subscription you also acknowledge and accept that you will be automatically entered into a weekly prize draw (Competition). Realm also reserves the right to offer from time to time other promotional offers that will be linked to certain marketing campaigns for Realm.
The Competition and other promotional offers will be applicable only to subscribers of Mobile Mania during the period of the promotional offer. Realm can withdraw the Competition and/or promotional offers at any time without prior notice of any kind.
You are fully responsible for all activities that occur under your password, or account or through your subscription. You agree to notify Realm immediately if you become aware of or suspect unauthorised use of your information, or other breach of security.
SUBSCRIPTION BY ACCEPTANCE OF $50 PHONE CARD
If you subscribe to the Services in response to the SMS sent to your mobile phone offering you $50 phone card, termination will only be effective by giving 28 days notice from the date of accepting this offer. The $50 free phone card will be posted to you 28 days after Realm receives your stamped, self addressed envelope to Mobile Mania, Locked Bag 4444, Brookvale NSW 2100.
You can unsubscribe at any time before the initial 28 day period expires, however, you agree that you will not be entitled to the $50 free phone card. During this 28 day period, a minimum of 4 (four) $5 premium SMS must be successfully delivered to the subscribed mobile phone. Any ‘unbillable’ mobile phones will not be eligible for their $50 phone card
COST OF THE SERVICE
Upon subscribing to Mobile Mania you will be charged a $5.00 registration fee, and an SMS will be billed to your nominated mobile phone account as follows: $5.00 Billing Message.
The first Content via WAP will be sent to you any time during the next 6 days depending on the date of your registration, and you will be charged the $5.00 Billing Message at that time. Every 6 days thereafter, as part of the continuing subscription to Mobile Mania, you will receive one (1) ‘Content’ via WAP and ‘Information SMS’, and be charged the $5.00 Billing Message until you elect to unsubscribe from the Services. Please note that the first
SMS request costs: Unless otherwise specified as a FREE message, all messages sent from your mobile phone will be charged at 25c including GST.
Costs for Mobile Mania subscribers: Subscribers to Mobile Mania will be charged the $5.00 Billing Message via three (3) ‘Information SMS’. The ‘Information SMS” will outline how you can claim the allocated phone card.
Standard carrier WAP/GPRS charges apply to selecting and downloading any and all Content, and will vary depending on your network provider. You are solely responsible for these charges, which charges will apply, and whether or not the download is successful.
All SMS request and Content costs will appear on your next mobile phone bill. If a pre-paid mobile phone is used, you must ensure that you have enough credit to cover the relevant costs incurred. You must seek the phone bill payer’s permission (if you are not responsible for paying the phone bill) prior to subscribing to Mobile Mania.
PHONE CARD
Realm reserves the right to verify the validity of ‘Phone Card’ applications and Content downloads and reserves the right to disqualify any user for applying for ‘Phone Card’ and/or downloading Content otherwise than in accordance with these Terms and Conditions. Realm’s decision is final and no correspondence will be entered into.
Any ‘Phone Card’ and/or Content not redeemed within 14 days of the relevant SMS being sent, will expire and will not be redeemable. Expired ‘Phone Credit’ and Content will be forfeited and is not refundable for cash.
Applications for ‘Phone Card’ must include a Stamped Addressed Envelope (SAE) and your mobile telephone number. Any applications which do not include either or both of these items will be deemed invalid.
DISCLAIMER
Realm accepts no responsibility for any incompatible mobile phone handsets, or for lost, misdirected or deleted SMS messages.
Response times may vary. If there are any network issues outside of Realm’s control, the downloading of the Content to your mobile phone could take longer. To the extent permitted by law, Realm accepts no liability for any loss or damage as a result of delays, non-receipt of Content or any technical problems.
Realm will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, as a result of receiving the service and/or downloading of any Content, except for any liability which cannot be excluded by law.
SMS messages sent via the internet are not valid and will not be accepted. All SMS messages are deemed to be received at the time of receipt into the database and NOT at the time of transmission by you.
Realm is not responsible for any incorrect or inaccurate information, either caused by the mobile phone user or for any of the equipment or programming associated with or utilised in the Services, or for any technical error, or any combination thereof that may occur in the course of the administration of the Services including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access.
If for any reason the Services are not capable of running as planned (including but not limited to) infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of Realm, which corrupts or affect the administration security, fairness, integrity or proper conduct of the Services, Realm reserves the right in its sole discretion to disqualify any individual who tampers with the claim/redemption process, and to cancel, terminate, modify or suspend the Services.
TERMINATION
To stop a subscription to the Services, SMS the keyword ‘STOP’ to the shortcde from which the SMS originated from. This SMS termination request will be charged at 25c including GST. Please note that an SMS message containing any other wording may not discontinue your subscription to the Services.
The Services are terminated 10 minutes (but not later than 24 hours) after receipt of your “STOP” request.
Please note that you can terminate either the Services or the receipt of any future marketing or promotional materials by sending “STOP” to shortcode from which the SMS originated from. This will remove you entirely from the Realm database.
ASSIGNMENT
You may not assign or transfer this Agreement or any of your contractual rights. Realm has the right to assign its rights and obligations under this Agreement and any receivables due under this Agreement to a third party upon written notice to you, provided that the assignment is on no less favourable terms than these terms and conditions. After a transfer of receivables, payments will be valid only when made to the nominated third party.
LICENCE TO USE CONTENT
You acknowledge and agree that the Content is made available as part of the Services, and is licensed and/or owned by Realm and protected by intellectual property laws. Upon your subscription, Realm grants and you accept a limited, non-exclusive, non-transferable, revocable licence to download and use the Content and the Service on a designated compatible mobile device used solely for your own personal non-commercial use. You further agree to not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content except as expressly provided in this Agreement.
INTELLECTUAL PROPERTY RIGHTS
All right, title and interest in and to any intellectual property rights which are used, developed, comprising, embodied in or practiced in connection with the Services (Realm IP) are owned by Realm or its licensors, and you agree to make no claim of interest in or ownership of any Realm IP. You acknowledge that no title to the Realm IP is transferred to you, nor do you obtain any rights (express or implied) in the Services other than those expressly granted under this Agreement.
INDEMNIFICATION
You agree to indemnify and hold Realm, its parent company, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of or in connection with your use of the Services and/or a breach by you of your representations and warranties under this Agreement.
PRIVACY
You acknowledge and agree that Realm collects and processes personal information in order to conduct the Services such as the following:
- information that could be used to contact you (such as full name, postal address, phone number or email address)
- financial information (such as credit card numbers, bank account, information or passwords)
- demographic and usage information (such as information submitted by you, or that is collected by us for the proper functioning and billing of our Services, such as subscription start date, or end and extent of your usage of Services).
If personal information is not provided (and it is necessary to operate and/or bill the Services requested), you may not participate in the Service. By subscribing to the Service, unless otherwise advised, you consent to your information being stored for use on a marketing database in relation to or in connection with the offering of the Services by Realm or its related companies, agents and/or partners.
Please note that the marketing database is separate to the Services database, and your unsubscribing to those Services will not delete your information from the marketing database. If you wish to remove your information from the Marketing Database altogether, you must ‘opt out’ by sending a “STOP” message after unsubscribing from any Services.
You acknowledge and agree that such use will be without any further reference, payment or other compensation to you, including sending you electronic messages. A request to access, update or correct any information should be directed to Realm in writing.
Realm may pass on your personal information to your mobile phone service provider to secure collection of fees. Realm may also pass on your information to governmental agencies for legal proceedings and the prevention of crimes.
Your personal information will be deleted no later than six (6) months after termination of your subscription. However, your information may be stored beyond this date if it is so required by law or contract.
GENERAL PROVISIONS
You acknowledge and agree that the terms and conditions of this Agreement are subject to change by Realm at any time. These changes will be effective upon posting of them on the website at www.mm-oz.com. Any use of the Services after such posting will constitute an acceptance of these new terms and conditions by you.
If any part of this Agreement is held invalid or unenforceable, that portion will be ineffective in the jurisdiction to the extent of the prohibition or unenforceability. The remaining provisions of this Agreement will remain valid and enforceable.