Please read these product terms and conditions (the “Product Terms”) carefully as they affect your rights and liabilities
under the law and set out the terms under which Tesco Mobile (Tesco, we or us) makes this download service (the "Service")
available to you. These Product Terms apply to the Service in addition to the Tesco Mobile General Terms and Conditions.
| 1. |
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The Service |
| 1.1 |
|
The Service allows you to download digital music, games, video and picture files (the "Downloads"). Chargeable
Downloads will be made available for you to download once your payment has been authorised. There will be no contract
of any kind between you and us unless and until you make payment for the Downloads. At any point up until then, we
may decline to supply the Downloads to you without giving any reason. We may also choose to make non-chargeable
Downloads available to you. |
| 1.2 |
|
Please note that you are responsible for downloading the Downloads and providing equipment to do so. You are also
responsible for providing equipment and software to use the Downloads. Your may also incur data costs from your
network provider for the Download. You should not purchase a Download where you know it is not compatible with your
handset. |
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| 2 |
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Usage |
| 2.1 |
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The Downloads are protected by national and international copyright law. The download of such files is permitted
for your personal, non-commercial purposes only. Additional information and restrictions on what you may do with each
Download may be provided by us ("Usage Rights"). |
| 2.2 |
|
Except for your Usage Rights, any copying, reproduction, lending or hiring, public performance, broadcasting or
any other form of distribution of the Downloads are prohibited and will constitute a copyright infringement. |
| 2.3 |
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You understand that the Downloads may include security technology which ensures that they may only be used in
accordance with the Usage Rights. You agree not to attempt to, or assist any other person to, circumvent any of this
security technology. |
| 2.4 |
|
You agree that the information which is used to secure the Downloads is stored together with other information
concerning your purchase which may be used in order to trace any infringement of the Usage Rights. You agree that this
information may be disclosed to third parties if such disclosure appears necessary for the purpose of tracing copyright
infringements. |
| 2.5 |
|
We may suspend your use of the Service immediately if: (a) we need to carry out repairs, maintenance or the
introduction of new aspects to the Service (and we will try to restore the Service as soon as we can), (b) we are told
to by the Government, the emergency services or any other competent or lawful authority to do so, or (c) any of the
circumstances in paragraph 2.6 occur. |
| 2.6 |
|
Sometimes, it may appear to us that there is an unusual use of the Service (for example, the volume or nature of
Downloads increases significantly or there are excessive requests for refunds). If this does happen we may suspend the
Service to protect you, for example to prevent someone from running up a large premium SMS bill on your phone. We will
only ever suspend the Service like this in exceptional circumstances and will try to contact you beforehand (but this
may not be possible). |
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| 3 |
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Cancellation and Defective Downloads |
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Once you have paid for a Download, we make the Download available to you through the Service. You are not able
to cancel any purchase of Downloads after you have confirmed payment. Downloads may not be returned for any reason
unless they are defective. If you are unable to complete the download process or wish us to provide a replacement for
a file that is defective please contact our helpdesk by using the contact details below and, where this is because of
our fault, we will replace or refund the Download. |
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| 4 |
|
Material in the Downloads |
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You understand that some Downloads may include content that you may consider offensive or otherwise objectionable.
Although we will attempt to make such content clear where the suppliers of the track provide us with this information,
you agree that we shall have no liability to you for content within the Downloads that may be found to be offensive or
otherwise objectionable. |
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| 5 |
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Payment |
| 5.1 |
|
The prices payable for the Downloads that you order are set out clearly in the Service. If, by mistake, we have
under-priced a Download, we will not be liable to supply that Download to you at the stated price, provided that we
notify you before the Download concerned is downloaded. All prices are expressed inclusive of any VAT payable unless
otherwise stated. |
| 5.2 |
|
Purchases for Downloads can be made either by credit or debit card or reverse billed SMS message. Authority for
payment must be given at the time of order. You will be charged for Downloads at this time. Card payments will be
taken by InfoMedia Services Limited, who operate this Service for us, via World Pay. Your card details will be
encrypted to minimise the possibility of unauthorised access or disclosure. |
| 5.3 |
|
To pay using reverse billed SMS message you will need to send an SMS to the shortcode 83729 where you will be sent
a FREE WAP link to the Service. Payment will be made in the form of a SMS messages sent to your handset costing £1.50
each, as clearly stated within the message. Normally messages should reach your handset within around a minute, however
this may take up to 24 hours depending on network capacity. |
| 5.4 |
|
We accept orders only from WAP browsers or Web browsers that permit communication through Secure Socket Layer (SSL)
technology, for example, 3.0 version or higher of Explorer and versions 3.02 or higher of Netscape. This means you
cannot inadvertently place an order through an unsecured connection. |
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| 6 |
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Liability |
| 6.1 |
|
If we are in breach of these Product Terms, we will only be responsible for any losses that you suffer as a result
to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order. Our
Downloads are for personal use only and our liability shall not in any event include business losses such as lost data,
lost profits or business interruption. |
| 6.2 |
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This paragraph 6 shall not limit or affect our liability resulting from any Downloads being found to be unsafe or
if something we do negligently causes death or personal injury. |
| 6.3 |
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Our liability to you in connection with any Download will not exceed the total price charged for the relevant
Downloads. |
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| 7 |
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General |
| 7.1 |
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These Product Terms & Conditions are subject to English law. We will try to solve any disagreements quickly and
efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings,
you must do so in England, Scotland, Wales or Northern Ireland. |
| 7.2 |
|
If any of these Product Terms is held by any court of competent authority to be unlawful, invalid or unenforceable,
in whole or in part, this will not affect the validity of the remaining Product Terms which will continue to be valid
and enforceable to the fullest extent permitted by law. |
| 7.3 |
|
We reserve the right to modify, suspend or discontinue the Service (or any part of it) without notice to you and
shall not be liable to you if we exercise these rights. You acknowledge that you may no longer be able to replace the
Downloads if we discontinue the Service and you agree that we shall have no liability to you in that event. Where
commercially practicable, we will try to give you reasonable notice of any discontinuation of the Service. |
| 7.4 |
|
Except as expressly set out in these Product Terms, all use of your personal information will be made in accordance
with our Privacy Policy. |
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| 8 |
|
Customer Services |
| 8.1 |
|
Please call our Customer Care team on 08458 72 72 72 if you have any questions or problems with the Service. Our
Customer Care team will assist you if you have queries about compatibility, the download process, billing, security
technology or other associated factors with this service to ensure a successful download. Calls to Customer Care are
charged at up to 4p per minute from BT landlines; other providers may vary. You can also email us at
support@tescomobile.com. |
| 8.2 |
|
The Service is operated for Tesco Mobile Limited, Tesco House, Delamare Road, Cheshunt, Herts, EN8 9SL by Infomedia
Services Limited, 7 Premier Court, Moulton Park, Northampton, NN3 6QB. |
| 8.3 |
|
If you have any queries please contact Tesco Mobile Customer Care at support@tescomobile.com. |
| 8.4 |
|
Company Registration No. 4780736, VAT No. 815-3842-24. |
08458 72 72 72
