Everton Football Club Mobile WAP Service Terms & Conditions of Service

1. These Terms and Conditions are those of InfoMedia Services Limited, 7 Premier Court, Moulton Park, Northampton, NN3 6LF ("IMS") who are providing an EvertonMobile WAP Service (the "Service"). The Service will provide editorial Services such as new, fixtures, results etc. and downloadable content for your mobile phone (for downloadable content please click here) all related to Everton Football Club (the "Club".)

For the purpose of these terms and conditions, any "InfoMedia", "We", "Us" and "Our" means InfoMedia Services Limited, 7 Premier Court, Moulton Park, Northampton. "You", or "Your" refers to you, the customer and user of the Service. By using the Service you are deemed to have accepted these terms and conditions.

2. EvertonMobile WAP Service is available to all mobile users with a WAP enabled handset and WAP enabled contract with their network operator.

3. The cost browsing the Service will vary depending on your network operator and contract terms. The charges will appear on your next monthly mobile phone bill, or phone bill, or shall be deducted from your calling credit, if you have a prepay phone.
Calling and receiving text messages when you are outside the United Kingdom ("UK") may be possible but foreign network operators may charge considerably more than the standard UK charge for calls or text messages. When downloading all Downloads you will be charged data rates in line with your contract with your mobile operator in addition to the price quoted on the Service for the product. For more information please see the Download Terms and Conditions.

4. You must have a mobile phone that is capable of sending and receiving text and WAP messages. You must be the owner or legitimate user of the mobile phone used for the Service and you must be authorised to incur charges. The General Terms and Conditions of the mobile provider airtime Service and other network prepay Service (as appropriate) shall also apply when using this Service.
In the event of any conflict, these terms and conditions shall apply. You must not use the Service other than for your own personal private use or in any unauthorised way or modify, copy, sell or use the Service for free (or try to do any of these things) unless permitted by IMS.

5. Everton and/or IMS may withdraw all or part of the Service or change the Service generally, at any time for technical, commercial, public interest or operational reasons. In the event that the Service is being permanently withdrawn by Everton or IMS, we may publicise the withdrawal of the Service in a way we consider is reasonable, for example sending you a text message. Depending on the reason for the suspension, withdrawal or change, it may not always be possible to give advance notice.

6. If you have any enquiries or problems concerning the Service, please contact Customer Support on 08707 507 830 from any land-line phone (charged at your telephone provider’s national rate) or contact by email at Evertonmobilesupport@infomedia-services.co.uk

7. Although every effort has been made to provide accurate information on this Service, neither IMS, nor any of its employees, nor Everton, nor any of its employees make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Service or any part thereof.
You acknowledge that the content, performance, message and data transmission is subject to the enabling technology on which it is based and may be adversely affected by network performance and other operational factors beyond our control, including, without limitation, congestion, network coverage, dropped connection, the performance of wireless enabled devices and the maintenance of a secure network connection.
IMS is not to be responsible for any failure to deliver a text or WAP message to you if your mobile phone is not switched on, your mobile phone is not in coverage or for any other reason cannot be reached, you have a bar on text messages, you are a Pay as you Talk customer and you have run out of calling credit, your message mail box is full and has no additional memory to receive additional messages or for any other reason which is out of InfoMedia’s control or out of the control of any third party who is delivering the message.

8. IMS is a registered data controller under the Data Protection Act 1998. Our registration number is Z7172656. All personal data you pass to IMS shall be held in accordance with the provisions set out in this and all other relevant legislation.

9. Intellectual Property Rights. All rights are reserved to IMS and may not be reused in any way or copied in whole or part without prior written permission from IMS.

10. Except as expressly set out in these Terms and Conditions, all use of your personal information will be made in accordance with our Privacy Policy.


Downloadable Content Terms & Conditions

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 Everton ("Everton", "we" or "us") makes this download service (the "Service") available to you.

"You" means an account holder whose mobile phone device is registered to an entity which wins and operates a mobile telecommunications network, and which may be used to accept Downloads (as defined below).
By accessing the Downloads you agree to be bound by the Product Terms.

1 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. You should not purchase a Download where you know it is not compatible with your mobile phone.

2 Usage
2.1 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 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).

3 Cancellation and Defective Downloads
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 due to our default, we will replace or refund the Download.

4 Material in the Downloads
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.

5 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 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.

5.4 Standard product pricing is detailed below but is subject to change without notification. You should check pricing on the Service before you agree to purchase any Download;

Real Tones £3
Wallpapers/Animations £3
Mobile Games £3
Premium Games £5
Videos £1.50

5.5 All SMS messages that you send to shortcodes to access this Service or purchase a Download are subject to your usual SMS charges.

5.6 When downloading all Downloads you will be charged data rates in line with your contract with your mobile operator in addition to the price quoted on the Service.

6 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 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 Our liability to you in connection with any Download will not exceed the total price charged for the relevant Downloads.

7 General
7.1 These Product Terms 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.

8 Customer Services
8.1 Please call our Customer Care team on 08707 507 830 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. You can also email us at Evertonmobilesupport@infomedia-services.co.uk.

8.2 The Service is operated for Everton by InfoMedia Services Limited, 7 Premier Court, Moulton Park, Northampton, NN3 6LF.

8.3 If you have any queries please contact Customer Care at evertonlmobilesupport@infomedia-services.co.uk.