Terms and Conditions for Use and Sales

Last updated December 2007

1. Our website

1.1 Your use of this website and any service contained within constitutes acceptance of these Terms and Conditions.

1.2 Our website is only intended for use by adults. Children may only browse the pages or place an order under the guidance and supervision of a parent or guardian.

2. Compatible Mobile Phone

2.1 You should always check that your mobile phone is capable of handling the item before proceeding to payment. We do offer free samples of our WAP site so you are able to check prior to ordering.

2.2 You are responsible for ensuring that your mobile phone has internet access through either WAP, GPRS, EDGE or i-Mode and that your network operator or airtime provider will allow you to download content from us. As stated in 2.1 we offer free samples for you to test your phone and network with. Please try before you buy to be certain that your handset will accept the download and that your network or carrier will allow you to download from us.

3. Privacy

We take your privacy seriously. We are registered under and comply with the Data Protection Act 1998. For further details please see our privacy policy.

4. Product Pricing and Title

4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at any time as long as your download link has not been accessed.

4.2 We reserve the right to alter all product pricing without notice.

5. Your Order

5.1 When you place an order you will automatically receive a confirmation email or sms message or direct access to a WAP link from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order. Billing is most commonly by mobile terminated premium SMS text message meaning you pay when you get the download link from us in the message from the shortcode you sent your order to. All prices are cleary displayed and subsequent wap push messages and follow up / informational messages are sent at no charge.

5.2 Your offer is only accepted by us once we have generated the WAP link you need to download your order from and you have been successfully billed for the transaction.

5.3 Product items not available for download through your WAP link are not included in the order and contract between you and us.
5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.

5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.

6. Mobile Network / Airtime Provider Charges

6.1 Your mobile phone network or airtime provider may charge you to access the internet on your cellphone. This is an understanding between you and your network and the costs involved are not covered, or compensated in the cost of your order from us.

6.2 Text messages sent to us will be charged to you by your network operator at the price set out in your contract or tarriff.

6.3 We cannot be held responsible for disruption to your network operator's WAP, GPRS, EDGE or i-Mode system. If such disruption occurs your order will still be available for download when your network's system is operational.

7. Cancellation Rights, Returns and Refunds

7.1 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, within 7 working days from the day after you placed your order.

7.2 As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation, nor is an email.

7.3 Money back guarantee. If you are not 100% satisfied with your order please notify us in writing, within 7 working days from the day you placed your order and we will send a cheque for your refund

Palace Marketing Ltd
11 Beech Green
West Derby
Merseyside
L12 5JB

7.4 Subject to the above, we will refund the purchase price of a product within thirty days of receiving written notification of your intention to return the product. Our decision is final and no correspondence will be entered into.

Your statutory rights are unaffected.

8. Customer Complaints

We endeavour to respond to all customer complaints or queries within five working days.

9. Faulty Products

Where a Customer experiences a fault with a product the order can be refunded by us, subject to our returns policy above.

10. Events outside our control

We shall not be liable for delay or failure to perform any obligation under these Terms and Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder, network outage, internet outage or industrial dispute.

11. License

11.1 We grant you a license to access the content, information and services contained within our website for personal use only.

11.2 This license allows you to download and cache (using your browser) individual pages from our website.

11.3 This license does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.

11.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.

11.5 Our website cannot be placed within the frame-set of another site.

11.6 Third parties are not allowed to deep link to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.

11.7 The restriction on deep linking does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.

11.8 Licence is granted upon order for the item of content to be downloaded to one mobile device. Orders for mobile content will not be downloaded to PC. Content will not be redistributed via MMS or Bluetooth and we will apply Open Mobile Alliaice Digital Rights Management to files to ensure the item can not be sent on to another device.

12. Copyright

12.1 All content, databases, graphics, buttons, icons, logos, layouts and look and feel are the copyright of Palace Marketing Ltd, unless expressly acknowledged as otherwise.

12.2 Any brand logos used on the site remain the property of the brand owner.

12.3 Website screenshots are copyright the website owner and reproduced courtesty of www.alexa.com

12.4 MCPS and PRS royalty fees are paid to registered MCPS and PRS artists and composers.

12.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.

12.3 The hotlinking of images on our website is disabled.

13. Reasonably Foreseeable Losses

13.1 We will not be liable for any losses incurred by you due to breaches of these Terms and Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made.

13.2 All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.

13.3 We do not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by us, our employees or officers.

14. Severability

The foregoing paragraphs, sub-paragraphs and clauses of these Terms and Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

15. Waiver

Failure by Palace Marketing Ltd to enforce any accrued rights under these Terms and Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

16. Entire Terms and Conditions

These Terms and Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms and Conditions at any time, if you wish to be notified of changes to these terms please write to us and we will send you a copy in the post with each revision.

17. Jurisdiction

These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.