TERMS
AND CONDITIONS
By
accessing and using this website ("Website"), its content and the
Service (as hereinafter defined) you accept without limitation or qualification,
all of these Terms and Conditions which take effect on the date which you first
use the Website, its content and the Service. WooWorld Pte Ltd (ˇ°WooWorldˇ±)
reserves the right to change these terms and conditions at any time by posting
changes online without prior notice. You are responsible for reviewing regularly
information posted online to obtain timely notice of such changes. By using this
Website, its content and the Service you agree in advance to accept any changes.
All references to WooWorld in these
Terms and Conditions other than the reference to the word WooWorld
as a trademark in the Trademark Notice below shall mean WooWorld.
If you do not agree to these Terms and Conditions, please DO NOT use the
Website, its content and the Service.
1.
Description
of Service
The service allows you to preview and download via your Short Message Service
("SMS") ringtones, operator logos, caller group icons, picture
messages, screen savers, SMS games and text based services such as horoscope,
jokes, quotes and directory listings ("Item(s)") on to your
download-compatible mobile phone at the price specified by WooWorld to you
("Service") from time to time. You are responsible for all charges
incurred if you accidentally erase, replace or delete one of the Items by
receiving another Item or otherwise.
2.
Costs
for SMS Request for download of Item
Please be informed that you will be charged the standard charges per SMS request
for download of Item onto your mobile phone. For downloads of ringtones,
graphics and texts, there will be an additional charge upon delivery of the same
item. Please check against the specific download item price here.
If the mobile phone does not belong to you or if someone else is paying the
mobile phone bill please obtain that person's consent prior to using the same.
3.
Equipment
You will need to provide all mobile phone equipment required to use the Service
and you will be liable to pay WooWorld for all costs incurred using the Service.
You will need to provide all equipment necessary to access the Website, its
content and the Service on the World Wide Web and be liable for payment for the
telephone call charges at the rates published by the telephone operator with
whom you make your calls.
This Service is only available selected post paid mobile and prepaid mobile
services users respectively. For more information, please check before you
purchase. By using the Service you confirm that you understand that your mobile
phone must support the Item download function for the Service to operate. For
the purpose of downloading ringtones, your mobile phone must support the
respective ringtone format standard. If you are unsure whether your mobile phone
supports the ringtone format standard, please consult your mobile phone
handbook. WooWorld cannot be held responsible should you attempt to download an
Item onto an incompatible phone and you will be charged regardless.
To discover whether your mobile phone can support the ringtone format standard,
you may also refer to the Phone Compatibility on the Website.
4.
Delivery
of Service
After receiving your download request via SMS, WooWorld will send the Item to
the given telephone number. If your download request via SMS is insufficient or
incorrect or if WooWorld for any other reason considers it necessary, WooWorld
has the right to decline to send the Item without further notice to you.
WooWorld shall not be liable in any way for failures, defects or delays in the
delivery of the Item, which are caused by one or more of the following reasons:
i. your
phone does not support the specific item format: Nokia Smart Messaging Standard
(NOK), EMS iMelody (iMelody), Motorola Ringtones SMS (MRS) and Ericsson Melody (eMelody)
service (for download of ringtones),
ii. your
phone does not support SMS,
iii. your
phone is out of range or for some other reason cannot be reached, or
iv. some
other failure which is not due to WooWorld occurs in communication or otherwise.
5.
Termination
and Suspension
WooWorld reserves the right to cancel, withdraw, terminate or suspend the
Website, its content and the Service for any reason whatsoever at its sole
discretion without notice to you. You agree that WooWorld shall not be liable to
you or to any other party for such cancellation, withdrawal, termination or
suspension.
6.
Copyright
Notice
This Website, its contents and the Service including but not limited to text,
graphics, images, logos, button icons, audio clips, and software are owned or
controlled for these purposes by WooWorld or its content suppliers and are
protected by copyright, trademarks and other laws. The compilation (meaning the
collection, arrangement, and assembly) of all content on this Website and the
Service are the exclusive property of WooWorld or its content supplier and
protected by copyright. All software used on this website is the property of
WooWorld or its software suppliers and protected by copyright.
7.
Trademark
Notice
This Website and its content includes registered trademarks and trademarks which
are the subject of pending applications or which are otherwise protected by law
including without limitation, the word "WooWorld" and the "WooWorld
logo". Unless otherwise indicated, they are owned by WooWorld and are used
under authority by WooWorld and may be the subject of rights in other countries.
You may not use such trademarks or names, except as permitted in these Terms and
Conditions or otherwise with the lawful owner's prior written permission. This
Website, its content and the Service may also contain the trademarks of content
suppliers which are protected by law, and you may not use these trademarks.
8.
No
Implied Licenses
Nothing contained in this Website, its content and the Service shall be
construed as conferring by implication, estoppel or otherwise, any license or
right under any patent, trademark, copyright (except as expressly provided in
these Terms and Conditions) or any proprietary rights of WooWorld or its
licensors.
9.
Use
of Website and Service
The materials used and displayed on this Website, its content and the Service
may not be copied, reproduced, republished, downloaded, posted, distributed,
disseminated, sold, published, broadcast or transmitted in any way except for
your own personal non-commercial use. Any other use requires the prior written
permission of WooWorld. You agree not to adapt, alter or create a derivative
work from any of such materials or use them for any other purpose other than for
your personal non-commercial use. You agree to use this Website, its content and
the Service only for lawful purposes, and in a manner which does not infringe
the rights of, or restrict or inhibit the use and enjoyment of this Website, its
content and the Service by any third party. Such restriction or inhibition
includes, without limitation, conduct which is unlawful, or which may harrass or
cause distress or inconvenience to any person. You will be responsible for and
indemnify and hold harmless WooWorld, it"s related and affiliated
corporations, and their respective agents and representatives against any claim
arising from any unlawful use of this Website, its content and the Service by
you.
10. Linked
Sites
This Website may contain links to third party sites. WooWorld, its affiliated
and related corporations are not responsible for the condition or content of
those sites as they are not under WooWorld, its related or affiliated
corporations' control. The link(s) are provided solely for your convenience and
do not indicate, expressly or impliedly, any endorsement, authorisation or
sponsorship by WooWorld, its related and affiliated corporations' of those
site(s) or the products or services provided there. You access those sites and
use their products and services solely at your own risk. WooWorld is not
responsible for any transactions you may perform on those sites.
11. Disclaimer
Notwithstanding anything contrary to these Terms and Conditions, this Website,
its content, the Service, the information, names, images, pictures, logos, audio
and icons regarding or relating to WooWorld, its products and services or to
third party products and services, is provided on an "AS IS" basis
without any representation or warranties of any kind whether express or implied.
WooWorld, its related and affiliated corporations disclaim and exclude all
warranties relating to the Service, content, information, services, products or
materials included on this Website including but not limited to, all warranties
of merchantability, fitness for a particular purpose, title, non-infringement,
compatibility, security and accuracy. In no event shall WooWorld, its related
and affiliated corporations, their respective agents and representatives;
suppliers, vendors or merchants who have a presence on this Website be liable to
you or anyone else for any loss or injury or any direct, indirect, special,
exemplary, consequential damages, or any damages whatsoever including but not
limited to loss of use, data, revenue or profits, whether in action of contract,
negligence or other tortious action, arising out of or in connection with your
access, use of, or your inability to access or use the Website, its content and
the Service.
WooWorld, its related and affiliated corporations do not warrant that the
functions contained in the material contained in this Website, its content and
the Service will be uninterrupted or error free, that defects will be corrected,
or that this Website, its content, the Service and the server (s) that makes
them available are free of viruses or bugs or represents the full functionality,
accuracy, reliability of the materials.
12. Miscellaneous
If there is any conflict between these Terms and Conditions and rules and/or
specific terms of use appearing on this Website, its content and the Service
relating to specific material then the latter shall prevail.
If any of these Terms and Conditions should be determined to be illegal, invalid
or otherwise unenforceable by reason of the laws of any state or country in
which these Terms and Conditions are intended to be effective, then to the
extent and within the jurisdiction which that Term or Condition is illegal,
invalid or unenforceable, it shall be severed and deleted from these Terms and
Conditions and the remaining Terms and Conditions shall survive, remain in full
force and effect and continue to be binding and enforceable. These Terms and
Conditions shall be governed by and construed in accordance with the laws of
Singapore without reference to any principle of conflict of laws. Disputes
arising out of or related to this Website, its content and the Service shall be
exclusively subject to the jurisdiction of the courts of Singapore . If these
Terms and Conditions are not accepted in full, the use of this Website, its
content and the Service must be terminated immediately. This Website, its
content and the Service may be accessed throughout Singapore and overseas.
WooWorld, its related and affiliated corporations make no representation that
the content of this Website and the Service complies with the laws (including
intellectual property laws) of any country outside Singapore . If you access
this Website, its content and the Service from outside Singapore , you do so at
your own risk and are responsible for ensuring compliance with all laws in the
place where you are located.
13. WooWorld
Rules of Acceptable Use
You further undertake NOT to use the Website, its content and the Service in a
manner that may infringe the rights or restrict the use and enjoyment of the
Website, its content and the Service by any third party, and this includes:
o
conduct
or material which is unlawful, offensive, obscene, indecent, defamatory,
seditious, abusive or hateful, false, racial or which may harass, distress or
cause inconvenience to any person or invade another's privacy, constitutes an
illegal threat or constitutes junk mail, encourages conduct that would
constitute a criminal offence, give rise to civil liability or otherwise violate
any local, state, national or international law or regulation;
o
use
of material in a manner which infringes any copyright, trademark or any
intellectual property right;
o
use
of material protected by trade secret without due authorization;
o
impersonating
any person or entity including but not limited to a WooWorld official or host or
falsely stating or otherwise misrepresenting your affiliation with a person or
entity;
o
unauthorized
access or use of data, systems or networks including any attempt to prove, scan
or test the vulnerability of a system or network;
o
monitoring
without authority data or traffic on any network or system;
o
using
or attaching any viruses, Trojan horses, time bombs, worms, cancelbots or like
devices which could damage, interfere, intercept or expropriate any system; or
interfering with the service of any user, host or network including but not
limited to mailbombing, flooding, broadcast attacks database or placing
unreasonable burden on WooWorld system(s);
o
circumventing
any user authentication or security of any host, network or account (cracking or
hacking); and
o
reselling
or providing the Website, its content and the Service or any part thereof to
another person or entity for profit or otherwise.
WooWorld may in its absolute and unfettered discretion delete or
amend the Website, its content and the Service and remove or refuse anything
that violates the above acceptable use. WooWorld reserves the right to
investigate potential abuses of the WooWorld Rules of Acceptable Use and
WooWorld will fully co-operate with investigations of suspected criminal
violations, violations of system or network under the leadership of law
enforcement or relevant authorities. WooWorld further reserves the right to
suspend or terminate your account or right to access the Website, its content
and the Service if is discovered that you have violated or attempted to violate
any term of the WooWorld Rules of Acceptable Use.
14. WooWorld
Privacy Statement
At WooWorld, we recognise that you are a unique individual with your own
distinct preferences. Our aim is to provide you with information and services
which are most relevant to you. In order to achieve this, we need to get to know
you and collect information to understand what differentiates you from each of
our other users. We may collect information about you in the following way.
15. Cookies
We may track your visit to this Website, its content and the Service by giving
you a "cookie" when you enter. Cookies are pieces of information that
websites transfer to your computer's hard drive for record-keeping purposes.
WooWorld may use cookies to make visiting our websites and our partner sites
easier. Cookies allow us to save passwords and preferences for you so that you
will not have to re-enter them the next time you visit. Cookies also help us
track user trends and patterns. Cookies also help us collect anonymous click
stream data for tracking user trends and patterns. In addition, third party
advertising networks may issue cookies when serving advertisements. The use of
cookies is now an industry standard, and you will find them used on most major
web sites. Most browsers are initially set up to accept cookies. If you prefer,
you can reset your browser either to notify you when you have received a cookie,
or to refuse to accept cookies. You should understand that areas of certain
sites will not function properly if you set your browser to not accept cookies.
16. Use
of Personal Information
Any personal information you provide to WooWorld on this Website is maintained
and accessible only by WooWorld, its related corporations or affiliates.
WooWorld may use this information to offer you the opportunity to receive
notices regarding other WooWorld products or services or products or services of
WooWorld' related and affiliated corporations and to further personalize your
WooWorld experience. WooWorld may also use this information to send materials to
you for marketing purposes, but WooWorld will take commercially reasonable steps
to safeguard the information from unauthorised access, and unless we
specifically disclose it to you at the time of collection, we will not make
customer specific information that is gathered available to unaffiliated
organisations for commercial purposes unrelated to the business of WooWorld and
its related and affiliated corporations. We may use only the anonymous click
stream data to help our advertisers deliver better-targetted advertisements.
WooWorld will not disclose any information about any individual user except to
comply with applicable law or request or directive from any regulatory authority
or governmental body or agency or other valid legal process or to protect the
personal safety of our users or the public.
17. Sharing
of Information and Feedback
The individually identifiable information that you provide, if any, will be used
extensively within WooWorld and its related and affiliated corporations to
provide a personalised experience to you. Except as described in this Privacy
Statement, WooWorld will not willfully disclose individually identifiable
information about its users to anyone outside WooWorld's related or affiliated
corporations without first receiving that user's permission, preventing this
information from appearing in unauthorized mailings and other solicitations. Any
modifications to this statement will be posted in this space. We welcome any
questions or comments you have; please contact us at
+65-62220610, Fax: +65-62220612, Email: info@wooworld.net. Your
experience is extremely important to us and we respect your rights.
Alternatively, customers may refer their complaints to the BusinessTrust Secretariat if
they are not satisfied with the resolution of the complaint. Complaints can be referred to
BusinessTrust Secretariat
Mr. Ramesh Vakkiprath
35, Selegie Road, #09-25, Parklane,
Singapore 188307
Email: ramesh@cnsg.com.sg http://www.commercetrust.com.sg
Alternatively, customers may refer their complaints to the BusinessTrust
Secretariat if they are not satisfied with the resolution of the complaint.
Complaints can be referred to
BusinessTrust Secretariat
Mr. Ramesh Vakkiprath
35, Selegie Road, #09-25, Parklane,
Singapore 188307
Email: ramesh@cnsg.com.sg
http://www.commercetrust.com.sg