Mobiguides: Terms and Conditions

Terms & Conditions

mobi-guides.com is wholly owned and operated by Ballista Media Ltd.

Terms and Conditions for Use and Sales
Last updated 1/10/06

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

Customer Information
You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.

You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.

As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.

Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.

Privacy Policy
Last updated 1st October 2006

Ballista Media Ltd takes your privacy seriously.

Ballista Media Ltd ("Ballista") is very sensitive to the privacy concerns of Ballista customers and visitors to our website (the "Site") at www.mobi-guides.com (collectively, the "mobi-guides users"). This Ballista Online Privacy Policy ("Privacy Policy") explains our practices with respect to the collection, use, and disclosure of personal and non-personal information provided by mobi-guides users. By visiting the Site or signing up for our services including free services, mobi-guides users signify their assent to this Privacy Policy

Data Protection
Ballista Media complies with the principles of the Data Protection Act 1998 when dealing with all data received from visitors to the site.

We only hold the data necessary to offer services provided on our website.

We only hold personal data for as long as necessary. Once data is no longer needed it is deleted from our files.

Emails
We regularly email website news and information updates to those customers who have specifically subscribed to our email service. All subscription emails sent by us contain clear information on how to unsubscribe from our email service.

We never sell, rent or exchange mailing lists.

We may however share commercial and technical data with our partners where a customer has accessed and used our website via a site belonging to one of our partners. However, such information will also be subject to our partners’ privacy policies.

Please note that we only share data with partners that operate their own privacy policy.
In accordance with the Privacy and Electronic Communications (EC Directive) Regulations 2003, we never send bulk unsolicited emails, (popularly known as Spam) to email addresses.

We may send emails to existing customers or prospective customers who have enquired or registered with us, regarding products or services directly provided by us.

All emails sent by us will be clearly marked as originating from us. All such emails will also include clear instructions on how unsubscribe from our email service and any future emails. Such instructions will either include a link to a page to unsubscribe or a valid email address to which you should reply, with “unsubscribe” as the email subject heading.

Cookies
Our website uses "cookies" to track use and allow customers to purchase from our website. Please note that these cookies do not contain or pass any personal, confidential or financial information or any other information that could be used to identify individual visitors or customers purchasing from our website. Please note that you are free to refuse cookies. However, for purely technical reasons this may prevent you from purchasing from our website. This is because anonymous cookies are commonly used to keep track of the contents of customers’ shopping baskets or trolleys during the checkout process. This facility ensures that the items added to (or removed from) your basket are accurately stated when you go to pay.

Product Pricing and Title
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 anytime up to the electronic shipment of that order and any related items.

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

Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account.

Your Order
When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.

Your offer is only accepted by us once we have emailed you to confirm the electronic dispatch of your order.

Product items not included within the dispatch email are not included in the order and contract between you and us.

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.

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.

Cancellation Rights and Refunds
No right of cancellation exists under The Consumer Protection (Distance Selling) Regulations 2000 for downloaded goods, electronic or “softcopy” goods to which you, the customer has instant access to or use of.

Refunds will be given for any goods where they are found by us to be defective.

Refunds will not be given where we are unable to replicate the issue or the issue stems from the user or their equipment.

Where any goods are found to be defective we will offer a replacement item or issue a full refund at our discretion. Where a refund is offered and accepted by you it will be made within seven working days of receiving your acceptance of a refund.

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

Events outside our control
Ballista Media Ltd, shall not be liable for delay or failure to perform any obligation under these Terms & 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 or industrial dispute.

License
Ballista Media Ltd, grants you a license to access the content, information and services contained within our website for personal use only.

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

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.

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

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

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.

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.

Copyright
All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of Ballista Media Ltd, unless expressly acknowledged as otherwise.

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

Reasonably Foreseeable Losses
Ballista Media Ltd will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made.

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

Ballista Media Ltd does not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by us, our employees or officers.

Severability
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & 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.

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

Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and Ballista Media Ltd. We reserve the right to change these Terms & Conditions at any time, without giving notice to you.

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

Your statutory rights are unaffected.

Jurisdiction
Our contact details are as follows:
Mobi-guides.com
Ballista Media Ltd.
Email: admin@mobiguides.com
Telephone: 0870 3850058
Ballista Media Ltd is a limited company registered in England & Wales, Registration Number: 5741427
Registered Office: 5, Southampton Place, London WC1A 2DA
VAT Registration Number: 882723206

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