Sharewire.net Terms and Conditions

Sharewire.net Terms & Conditions

Terms of Sale

Entire Agreement

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

“Content” means logos, ring tones or other such content for mobile devices available on the web/ wap site.
“Website” means the site of Sharewire B.V. at www.sharewire.net
“We” “Us” or “Our” means Sharewire B.V..
“You” or “Your” means the customer.

Acceptance

These Terms of Sale govern your purchase of the Content and its use. If after 1 hour of Your Order, the Content has not been sent to Your mobile device, please contact Us by ringing 0800-XXXXX (charged at National Rate) or by emailing support@sharewire.net. 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 support@sharewire.net or by calling Customer Care on 0800-XXXX (charged at National Rate).

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 support@sharewire.net or by calling Customer Care on 0800-XXXX (charged at National Rate).

Ordering

You may order Content by either using SMS or using our premium rate telephone number.

Premium Rate Telephone Number Order. If You order the Content using the premium rate telephone number You will be charged £1.50 per minute for the duration of call inclusive of VAT at 17.5% from a BT standard fixed line will be charged by the telephone network to the account to which the telephone apparatus and number Used to make the call belongs However, calls from telephone apparatus and associated numbers operated on other networks may charge at a higher rate, which will be specified in Your agreement with the relevant network operator. The length of the call depends on the item ordered. Prices for all items are clearly indicated on the website. You must be 16 years of age or older to order Content through the premium rate telephone. The cost of the call will show up on Your telephone network operator’s bill if you are a contract customer or deducted from your credit if you are a pre-pay customer. By using the premium rate telephone number You warrant to Us that You have the permission of the bill payer and You authorise Us to charge the account appropriate to the telephone apparatus and number Used to make the call irrespective of whether You choose to terminate the call before receiving order. As You will not be able to download any Content if You terminate the call before a code is given to You We will not be able to deliver the Content tom You However, You will still be charged by Your telephone network for the time spent on the call. A premium rate fee per minute set at £1.50 inclusive of VAT at your local VAT rate from a BT standard fixed line will be charged by the telephone network to the account to which the telephone apparatus and number Used to make the call belongs. However, calls from telephone apparatus and associated numbers operated on other networks may be charged at a higher rate, which will be specified in Your agreement with the relevant network operator.

SMS Order. If You order the Content using SMS You will be charged the price indicated for the content as displayed on the Web/Wap site inclusive of VAT at your local VAT rate You will also be charged the standard cost of the SMS text message by your Network Provider, please check with your Network Provider if You are unsure of the network rates for SMS text messages. You must be 16 years of age or older to order Content through the premium rate telephone. The cost of the SMS will show up on Your telephone network operator’s bill if you are a contract customer or deducted from your credit if you are a pre-pay customer. By using the SMS order method You warrant to Us that You have the permission of the bill payer and You authorise Us to charge the account appropriate to the telephone apparatus and number Used to make the order irrespective of whether You choose to download the product from the wap site. You will be charged at their normal operator charge for a text message for sending this message. You will also be charged standard GRPS costs for downloading content. You must check with your Network provider if you are unsure of the cost.

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 two given methods, we will initiate the download process. Ring tones and logos, as they are a small file size, are sent direct to your handset embedded in a text message. You need to save the Content from the text following the onscreen instructions of your phone. All other items are a larger file size and cannot be sent direct to your handset embedded in a text. For these items You will be sent a text with a download link. Select this link and follow the onscreen instructions of your phone to download the content from our download location. Provided Your mobile device is compatible, Your network operator accepts the Content and is operating an uninterrupted service, we should be able to download to You in a matter of seconds but it may take longer in some cases.

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 0800-XXXX (charged at National Rate)., emailing support@sharewire.net or by writing to Customer Care, Sharewire B.V., Wassenaarseweg 47, 2596 CG The Hague, The Netherlands.

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 The Netherlands and shall be subject to the exclusive jurisdiction of the Courts of The Netherlands.

Fair Use Policy

This policy is designed to protect Sharewire B.V. and You, as a customer.
Sharewire B.V. reserve the right to cancel a service, if You are deemed to have abused the service.
“Abuse of the service” is defined as excessive content requests which leads to over-allocation of system resources.

Cancellation

In the unlikely event of You wishing to cancel this Agreement, You may do so within 14 days of the Order (³Cancellation Period²). Due to the nature of this product once the Content has been downloaded on to Your phone we cannot provide refunds unless it is downloaded through a fault of Our own. You understand that Our performance of this Agreement will begin before the Cancellation Period and that We may not refund You in full if You decide to cancel this Agreement after the Content has been downloaded to Your mobile device. If You wish to cancel this Agreement, please tell Us by emailing support@sharewire.net, calling Customer Care on 0800-XXXX (charged at National Rate) or by texting the word STOP, from Your mobile and sending to YYYY.You may be contacted by Sharewire with further info/offers. Your feedback is important to Us. In the unlikely event of You being dissatisfied with the service You receive, please contact us.

Wassenaarseweg 47, 2596 CG The Hague, The Netherlands