Terms and conditions
Please read our terms and conditions before ordering, since they contain important information that you should be aware of. By using this site you signify your acceptance of these terms and conditions as modified from time to time.
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Applicability
These Terms and Conditions ("Terms") will apply to all sales of ringtones, graphic logos and other mobile phone content ("Items") made to you the customer via this website, any related ordering system and any affiliated web pages (the "Site"). Use of the Site indicates acceptance of these Terms.
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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.
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Compatible Mobile Phones
Although Sonic Mobile offers via the MyMobiZone website services available for a number of GSM and CDMA mobile phones; ringtones and graphics are still only available on select mobiles. This is an issue with the handset manufacturers, hence out of Sonic Mobile control. To prevent any disappointment, we ask that you do not attempt to send ringtones or graphics to mobile phones that are not compatible with the content being downloaded.
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Copyright and IP rights
This website and its contents, including all information, text, material, graphics and software ("Content"), is subject to copyright. Sonic Mobile, its suppliers and/or licensors own the intellectual property rights, including copyright, in the Content, unless expressly indicated otherwise on the site. All Content is therefore subject to, & protected by, New Zealand & international copyright and other intellectual property laws. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute any Content in any way except as expressly provided for on the website or expressly authorised in writing by Sonic Mobile. You may view this website and its contents using your web browser and save an electronic copy, or print out a copy, of parts of this website solely for your own information, research or study: but only if you (a) do not modify the copy from how it appears on Sonic Mobile's "MyMobiZone" website; and (b) include the copyright notice "Sonic Mobile" on the copy. You must not reproduce, transmit (including broadcast), adapt or otherwise exercise the copyright in the whole or any part of this website for any other purpose except as expressly permitted by Sonic Mobile's prior written consent.
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Cost of Communicating with Sonic Mobile
There are no premium rate charges which you will incur by reason of communicating with Sonic Mobile. 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.
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Delivery
Delivery of a content 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 on the following:
- Your mobile phone must be set to receive text messages.
- The Item you order must be capable of being received on your mobile phone. Please note that not all mobile phones allow the storage of every Item we sell. See the FAQ section for information on compatibility
- 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 (for specific Items that require WAP to be used to retrieve them to the mobile phone) or any related transmission system and accept that any additional costs of using these services will be met by yourself in addition to any order charges made by Sonic Mobile
- Delivery will be attempted within 24 hours of completion of order. In the event an Item is not delivered to your mobile phone we will on request re-send the Item free of charge on up to two further occasions 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.
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Force Majeure
Sonic Mobile shall have no liability for any delay or failure on its part in fulfillment of any of its obligations hereunder or for any damage suffered by you by reason of your use of the Site where such delay or failure or damage arises from reasons beyond its reasonable control, including but not limited to riot, flood, drought, fire, legislation or civil commotion. 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.
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Indemnity
You hereby agree to indemnify Sonic Mobile 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 including but without limitation any infringement by you of any third party intellectual property rights in any personalised Item you may request us to prepare for you.
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License
The sale of any Item made pursuant to these Terms shall comprise a perpetual non-exclusive license 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 Sonic Mobile as owner of the MyMobiZone mobile content portal.
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Limitation of Liability
Sonic Mobile shall have no obligation to you other than to use all reasonable endeavours to deliver a Item ordered by you in accordance with delivery instructions provided by you. Sonic Mobile' liability hereunder (if any) shall not in any event exceed the price paid by you for the Item ordered (in addition to any consequential loss resulting as a result of the breach which could reasonably have been within contemplation of Sonic Mobile) nor subsist more than three (3) months after the date of purchase unless death or personal injury occurs as a result of Sonic Mobile negligence. Sonic Mobile 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 Sonic Mobile shall have no liability whatsoever for any indirect, exemplary, punitive, economic or other consequential damages suffered by you of any kind. Mobile Tones accepts no liability for the loss of existing Items that may currently be stored on your phone.
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Non-Provision of Service
Sonic Mobile reserves the right to deal with any prospective customer or other person in its absolute and unfettered discretion. In particular and without limitation we may refuse to produce a personalised Item on the grounds it may infringe third party rights, or that it is obscene, racist or sexist or otherwise contravenes any law or regulation.
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Premium SMS
By ordering via Premium Reverse Billed SMS ("PSMS") you agree that Sonic Mobile will charge the order amount directly to your mobile phone account. This amount will be deducted by your network operator at the time of ordering therefore you must ensure you have sufficient credit on your phone. When ordering via PSMS, you agree to incur any additional costs related to sending SMS messages to trigger the order. If you subscribe to any of Sonic Mobile PSMS services which request timed or periodic content delivery (such as Tone Of The Week services) you agree that Sonic Mobile can send chargeable messages to your phone no more than once per advertised period - to unsubscribe from these services please text the name of the service e.g. JOKE and the word STOP to the short code 246 or contact Customer Services who will be able to remove you automatically.
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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 our price list posted on the Site. All prices shall have GST included.
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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 which shall continue in full force and effect.
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Warranty
It is an express condition that any customer purchasing 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 you are over 18 years old and that all information you provide about yourself whether in connection with the purchase of an Item or otherwise is true, accurate, current, complete and not misleading. Sonic Mobile in turn warrants and represents that it has all necessary rights to grant the license to use any Item sold pursuant to these terms.
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Third party copyright
We have no knowledge of any infringement of copyright on our site, or in the products we provide. However, if you believe we have infringed your copyright or trademark, please contact us at, so we can remove the offending material or rectify the situation as soon as possible.
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Use of content item
The right and license 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.
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Support
If you have any questions/issues please contact us Customer Support
