Terms and Conditions
For the purpose of these terms and conditions, "KODIME" means KODIME Ltd of Unit 6, Siddeley House, 50 Canbury Park Road, Kingston upon Thames, KT2 6LX, United Kingdom. KODIME is the technical provider of mobile related services as detailed below including SMS or MMS or Wap services and Ringtones and/or Visuals Services ("the Services"), which are being promoted to you by "PROMOTER" meaning London Symphony Orchestra.
For HELP, please visit our Support Page.
For HELP, please visit our Support Page.
- "You", or "Your" refers to you, the customer and user of the Services. By using the Services You are deemed to have accepted these terms and conditions.
- SMS, Ringtones, Downloads including for MP3 Players, PC, Mac, podcasts, Visuals (Wallpapers, Screensavers, Logos) and other mobile and digital content.
KODIME is providing services as described on air or in the publication or website, or in another text message. All Mobile content downloads require a compatible handset and a tariff that supports WAP or Mobile Internet access - please check compatibility prior ordering. All digital downloads such as MP3 music downloads and podcast require access to the Internet and compatible devices to store and play such digital content - please check compatibility prior ordering.
- You will be charged as advertised for the type of content you order or the type of activity you chose to participate in, either to your phone bill or alternatively to your credit card or paypal account, where such alternatives are provided.
- SMS received whilst abroad may be charged at roaming price. Not all operators may support this service.
- Mobile Content is sent to you as you request it. Mobile Content is requested by You on a per ringtone/visual/game/service basis. Once You have sent a message or otherise placed an order to the Mobile Content Service, you cannot cancel the first message response and you will be charged for that response, as advertised in the respective service offering.
- Your handset must be WAP- (sometimes also called Internet) enabled to browse, access and download Mobile Content. To enable WAP on your handset, please contact your network operator. We recommend to use GRPS data service or similar data plans to connect to WAP and Internet as this service in most cases is faster and more reliable.
- Copyright and other Intellectual Property:
You may store the downloaded content on your device but must not copy, forward, edit modify or resell or otherwise commercially exploit the mobile content, unless this is a feature specifically enabled as part of the service, for example "send to a friend". You are licensed to use the downloaded Mobile Content personally, this license is not transferable.
The charges for receiving a Mobile Content item including link messages to access WAP content are given by PROMOTER on air, in the publication or website. Any charges for the WAP session needed to access, browse and download the content are being charged at your standard network rate, for details on these costs please contact your network operator.
- Payment protection:
We consider fraudulent use of credit and debit cards and paypal accounts and SIM cards a considerable threat to lawful enterprise. We reserve the right to stop any transaction if we deem it to be fraudulent, and to pass on any personal information to any law enforcing authority. This includes but is not limited to your name, mobile number, address, IP number, email, contact telephone number.
- Handset Compatibility:
Mobile Content purchased via the Mobile Content Service is only compatible with selected handsets - please carefully check the handset compatibility and/or selected make and model before you order. If your handset is not listed, or you are unsure, do not place an order as we are unable to resend or refund. To receive and download any of our content and access WAP content your handset and network connection must be WAP/Mobile Internet enabled.
By using these services you agree that PROMOTER may send you occasionally free to receive messages about new offers. You can opt-out at any time from further receiving such free messages by replying with STOP to any such message or sending PROMOTIONNAME STOP to 60123.
In the unlikely event of you wishing to cancel this agreement, you may do so within 7 days of the order ("cancellation period"). This will take place by refunding the transaction on your credit or debit card, or refunding the cost of any premium SMS charged. Due to the nature of the product, once the Mobile Content has been downloaded or accessed to your device we cannot provide refunds unless it has been downloaded through a fault at our end. We will not refund any order errors caused by the following:
- you have provided an incorrect phone number, or other incorrect information
- your mobile does not support the ordered content
- your digital device such as audio player does not suppot the ordered content
- your message box or other memory component of your device is full
- your mobile device is out of reach, or for some other reason can not be contacted
- your network/carrier does not support the content or accessing the content
If the Content has been delivered it is deemed to be accepted and no cancellation of payment can take place. A successful delivery is deemed to be any order shown as dispatched on our systems. No refunds can be given when an order has been delivered using the above description of delivery as the product can not be returned except if the Mobile Content is materially different from the one ordered. No refunds can be given at any point for any Mobile Content provided to your specifications or requested by yourself.
- You acknowledge that any message or download material obtained from the SMS service or the Mobile Content Service is done at Your own risk and that KODIME is not endorsing or associating with any particular person or event that may be featured within the SMS or the Mobile Content Service.
- You further acknowledge that You are only entitled to use the SMS and the Mobile Content Service for lawful purposes, for Your own personal, private use and will not forward or send the SMS or Mobile Content to a third party or use the SMS or the Mobile Content Service in breach of KODIME's or any third parties intellectual property rights in the SMS or the Mobile Content Service.
- Components of the SMS and the Mobile Content Service are supplied to KODIME by third parties and KODIME can make no promises, express or implied as to the services, including but not limited to, their accuracy, relevance, or quality. In addition, the SMS and the Mobile Content Service are subject to the limitations of the enabling technology on which they are reliant and may be adversely affected by network performance and other operational factors beyond KODIME's control, including without limitation, congestion, network coverage, dropped connections, the performance of Your wireless device and the maintenance of secure network connections. KODIME accept no responsibility if You do not receive the SMS or the Mobile Content Service for any of these reasons. These terms and conditions will not affect Your statutory rights.
- KODIME will not be liable to You in any way for failures, defects or delays in the delivery of the SMS or the Mobile Content Service which are caused by one or more of the following reasons: (a) You have provided an incorrect phone number or other incorrect information before ordering any of the services; (b)Your phone does not support the SMS or the Mobile Content Service; (c)Your message mail box is full and has no additional memory to receive the download or message; (d) Your phone is out of range or for some other reason cannot be contacted; (e) You accidentally erase a service provided to You; (f) Your carrier/operator does not support the content or accessing the content. In no event shall KODIME be liable for indirect, incidental or consequential damages, including, without limitation, loss of income, data, or other information, even if KODIME has been advised of the possibility of such damages. In no event shall KODIME's liability exceed the price paid for the SMS or the Mobile Content Service.
- The Services are available to all customers of Mobile network operators as listed on the Website and/or promotional materials.
- Charges for all the Services when ordered using SMS will be deducted from Your available credit time if You are a pre pay customer or appear on Your monthly statement if You are a pay monthly customer. Note the cost of sending an SMS to our Service is charged at your standard network rate, if not sure, please contact your Mobile network operator. You must obtain permission from the person who pays for your mobile phone service before purchasing any of the Services.
- All Services are available to O2, Orange, Vodafone, Virgin and T-Mobile customers in the UK and as indicated on the Website and/or promotional materials to other international operators. Customers on selected pre-pay tariffs may not be able to use the Services, please check with Your operator if in doubt.
- You recognize that the Services may, from time to time, be adversely affected by events outside KODIME's control. KODIME will make all reasonable endeavours to ensure the uninterrupted and timely supply of the Services and will take all reasonable steps at KODIME's expense to correct any error, omission or mistake, but will be under no liability for any error in, or delay in, or failure in transmission of the Services.
- KODIME will not be liable to You in any way for failures or delays in the delivery or provision of the Services which are caused by any restrictions imposed by your service provider on Your use of premium rate services.
- KODIME will not be liable to You in any way whatsoever for the Mobile Content delivered, the use of the content is at your own risk.
- KODIME reserves the right to disclose information about You to applicable regulatory or government bodies where KODIME is required by law to disclose this information.
- From time to time KODIME may be required to amend these terms and conditions and reserve such right. By continuing to use the Services you will be deemed to have accepted the varied terms and conditions, which will be posted on this site. KODIME reserves the right to cancel, modify or supersede any of the Services if, in KODIME's sole discretion, the Services are not capable of being conducted as specified in these terms and conditions.
- If KODIME believes that there has been a breach of these terms and conditions KODIME reserves the right to immediately and without notice withdraw or bar any or all of the Services.
- These terms and conditions are governed by English law and are subject to the exclusive jurisdiction of the English courts.