terms and conditions of sale

Please read these Terms and Conditions of Sale (“Contract Terms”) very carefully before you order any goods or services made available on the Eidos Mobile website (http://www.eidosmobile.com). [A printer friendly copy of these Contract Terms may be found [here]].

NOTHING IN THESE CONTRACT TERMS AFFECTS YOUR STATUTORY RIGHTS AND ALL CONTRACT TERMS SHALL BE CONSTRUED ACCORDINGLY.

1 Definitions

In these Contract Terms:

1.1 References to “Eidos”, “we”, “us”, “our” and similar expressions are to Eidos Interactive Limited, further details of which are set out in paragraph 2.1.1 below;

1.2 Reference to “you”, “the purchaser” and similar expressions are to the purchaser of any Content via the Website;

1.3 “Content” means wallpapers, ringtones, computer games and other visual, audio or audio-visual content which Eidos may from time to time make available for download (with or without charge) via the Website;

1.4 “IVR” means interactive voice response; and

1.5 “WAP” means wireless application protocol.

2 key information

2.1 Who we are All Content purchased from this Website is supplied by Eidos Interactive Limited a company incorporated in England (Company Registration Number 01804186). Our registered office is Wimbledon Bridge House, 1 Hartfield Road, London SW19 3RU.

2.2 What goods are provided This Website enables you to purchase a variety of Content made available via the Website for download to certain compatible mobile devices.

2.3 What prices do we charge The price for an item of Content made available on the Website shall be that price advertised on the Website at the time of purchase. In addition, where appropriate, delivery charges will also be payable as are further referred to in these Contract Terms. All prices include, unless otherwise stated, the applicable value added tax or other tax or duties due thereon.

Prices are set at the time of purchase and are subject to change.

Your network service provider may also charge you a fee for browsing or other data charge. These are your responsibility. Please check with your network service provider for details of such charges.

2.4 How will Content be delivered to you All Content shall be delivered by download to a compatible mobile telephone device. You may incur additional data, browsing or roaming charges prescribed by your network provider and these are your sole responsibility. Please check with your network service provider for details of all such charges.

2.5 How do you pay for Content Payments may be made in one of three ways:

2.5.1 By Premium SMS;

2.5.2 Premium Rate Phonecall/IVR;

2.5.3 by PayPal® using a valid debit or credit card or PayPal account.

All payments must be paid in full at the time of placing an order for Content and prior to delivery of such Content to you. No credit terms will be provided.

2.6 Your cancellation rights Once you have commenced the download of any Content you cannot cancel any order. By the very nature of the items being purchased, once the Content has been downloaded it is not possible to return it.

[We therefore strongly recommend that, where available in relation to any Content, you preview all items using the [Preview Button] before you decide to make a purchase of any item of Content.]

2.7 Restrictions on duration of use of Content All Content purchased via the Website may be used on a permanent basis without limit of time in accordance with the licence terms specified below in these Contract Terms.

However, it is important that you appreciate that all Content is purchased for use on the mobile telephone to which the Content has been initially downloaded. Your licence to use the Content does not permit the transfer of such Content to any other mobile telephone.

2.8 Language of the Contract All Contracts shall be concluded in the English language. However, to assist you in completing the ordering steps specified below, on-screen instructions in various languages are offered by reference to those countries listed on the screen referred to in paragraph 3.1.3 below.

2.9 Billing Enquiries and General Enquiries Enquiries should be directed as follows:

Billing Enquiries

support@sharewire.net

Technical Enquiries pre-download

support@sharewire.net

General Customer Enquiries

telephone no. +44 (0)870 9000 222

customerservice@eidos.co.uk

We do not guarantee to maintain any technical or gameplay support for any Content for any period of time, which support may in relation to any Content be withdrawn at any time and without notice.

3 ordering process, formation of contract and cancellation

3.1 Step 1

3.1.1 Select the Content which you wish to purchase by clicking on the Content.

3.1.2 You will then be taken to our order fulfilment pages. Orders may be fulfilled by third party service providers on our behalf. Our order fulfilment is currently carried out by Sharewire.net.

3.1.3 You will then be asked to select the country from which you are domiciled by clicking on the relevant flag icon.

3.1.4 All Content will be English language versions unless otherwise stated. Please check carefully before order that the Content is available in your desired language.

3.2 Step 2

3.2.1 You must then select your mobile telephone to which you wish to download the Content from the drop down list and click “Next”. If your mobile phone is not listed the Content is not available for your mobile phone.

3.3 Step 3

3.3.1 You must then select one payment method from the three available and then click “Next”. Payment by any other means is not possible.

3.3.2 Payment is by the currency stipulated against the relevant Content on the Payment Selection screen. Payment by any other currency is not possible.

3.4 Step 4

3.4.1 Payment by Premium SMS

Where you have selected to pay by Premium SMS your order will be directed to a screen which will require you to take a note of a message (such as, for example, AB 12) and SMS number (such as, for example, 12345). You must send the required message to the specified SMS number shown on the screen. Letters are case sensitive.

You will subsequently receive the number of SMS messages specified on the “Payment by Premium SMS” screen and the cost charged for each such SMS message, plus one additional SMS message at no charge which will contain a WAP link which will be required to download the Content.

If for any reason you do not receive the above SMS messages you must send an email to support@sharewire.net.

3.4.2 Payment by Premium rate phone call/IVR

Where you have selected to pay by Premium rate phone call your order will be directed to a screen which will require you to take a note of a premium rate telephone number and a code which you must enter on a touch tone telephone when asked for the code.

You will be required to stay connected to the premium rate telephone number for a period of time which will be specified on the screen entitled “Payment Selection”. Calls to such Premium telephone lines will be charged at the rate per minute specified on the screen headed “Mobile Number”. Upon completion of such time the phone call will be disconnected automatically. Within five minutes thereafter you should receive a SMS message for which no charge will be made by us, which contains the WAP link to download the Content.

If for any reason you do not receive the above SMS message you must send an email to support@sharewire.net

3.4.3 Payment by PayPal

Where you have chosen to pay by PayPal® you will be directed to a screen headed “PAYMENT By PayPal”. Press the PayPal button. You will then be directed to the PayPal website to complete your payment by debit or credit card or, alternatively at your option, by deducting the payment from any credit balance on your PayPal Account. You will need to provide a valid email address as part of the payment process to which an order confirmation will be sent. Upon successful payment by PayPal, the Content should be delivered to your mobile telephone within 15 minutes.

If for any reason you do not receive your content or a SMS message (for which no further charge will be made by us) with a download link to enable you to download the Content, you must send an email to support@sharewire.net.

3.5 Contract Formation

3.5.1 The Content advertised on the Website does not constitute an offer to sell you such Content at the prices stated. Rather, your placing of an order for Content pursuant to any order mechanism referred to in paragraph 3.4 above shall constitute your offer for such Content on these Contract Terms.

3.5.2 We may reject your order without any reason.

3.5.3 We shall not be deemed to have accepted your offer and a Contract shall not be concluded unless and until you have followed each of the required steps referred to in paragraph 3.4, and we have been paid the correct price for such Content using one of the available payment methods described in these Contract Terms and a confirmation SMS or email has been sent to you confirming your order.

3.5.4 All Content is licensed not sold and is subject to the terms and conditions set out in these Contract Terms.

3.5.5 You should check the SMS message or email sent to you detailing your order to make sure that it is accurate. If there are any errors in your order you must contact us immediately by sending an email to support@sharewire.net.

3.6 Delivery and Cancellation

3.6.1 The Content will be deemed to have been delivered to you upon either receipt by you of your WAP link or, where payment is made by PayPal, receipt of the Content.

3.6.2 Cancellation of a Contract may be made by you at any time prior to receipt of the WAP link or within seven working days of receipt of the WAP link subject to paragraph 3.6.3.

3.6.3 However, once you have started downloading any Content through a WAP link your right of cancellation automatically ceases. At this point you agree that your rights to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000 and the EU Distance Selling Directive (97/7/EC) are terminated, without prejudice to you other statutory rights.

3.6.4 If you cancel the Contract, Eidos shall have no further obligation or liability to you.

3.6.5 Cancellation must be effected as follows:

(a) You must send an email to support@sharewire.net quoting your Order Reference Number ("ORN"). The ORN will be stated in the SMS message or email which is sent to you following acceptance of your order as provided in paragraph 3.4 confirming details of your order.

(b) Following receipt of your email provided you have not started downloading any Content we will cancel the Contract and arrange for the refund of the price paid as soon as possible and in any event within 30 days of the date of receipt of your email.

3.7 Single download and transfer

3.7.1 Content may only be downloaded once to your mobile telephone. Repeat downloads of ordered Content to your mobile telephone will not be provided. If the Content is deleted for whatever reason from your mobile telephone you will need to re-order the Content pursuant to a new Contract and such Content may not then be available.

3.7.2 Content may not be transferred to another mobile telephone.

4 General conditions

4.1 The purchase of Content is subject to availability.

4.2 We may cease to offer or suspend the offering of any Content without reason and without prior notice. In addition we reserve the right to vary the Content from time to time in our discretion.

4.3 We reserve the right to change any of these Contract Terms at any time and without notice. Always check for the most recent version of these Contract Terms.

4.4 You must be 18 years or older in order to use our services and order Content. By placing an order with us for the supply of Content you warrant that:

4.4.1 you are 18 years or older;

4.4.2 you are placing an order for Content as a consumer for your own private, domestic use and not as a business or in connection with any business; and

4.4.3 that any personal or other information provided by you to us is both true, accurate and complete, not made or purported to be made on behalf of any other person or by using any false information, and that you are authorised to provide any information supplied to us.

4.5 For so long as you comply with the terms and conditions of the following, we grant you a limited, non-exclusive, non-transferable licence ("Licence") to download, install, save and play all Content licensed from us to and on the supported mobile telephone to which the Content is first downloaded to for your private and domestic use. Such licence is personal to you and may not be transferred to any other mobile telephone. Unless and only to the extent permitted by mandatory provision of applicable law, you may not rent, lease, sub-licence, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software Product or use, reproduce or deal in the Software Product or any part thereof in any way share, give third parties access to, broadcast, sell or otherwise do any other act restricted by copyright or other intellectual property rights owned by us and our affiliates in any manner and via any media whatsoever. Any breach or threatened breach of the terms of this Licence is unlicensed and shall, without prejudice to any other right or remedy, constitute an infringement of our intellectual property rights and those of our licensors to which civil and criminal sanctions may attach.

4.6 All rights not expressly granted hereunder are, to the extent permitted by law, reserved to Eidos and its licensors. Your rights of use under this Licence are strictly conditional upon your observance of the terms and conditions contained in this Licence at all times.

4.7 In the event of termination of this Licence, you must delete all copies of the Content and all of its component parts stored on the hard disk of any computer. All provisions of these Contract Terms relating to disclaimers of warranties, limitations of liability, remedies, or damages, and Eidos’ proprietary rights shall survive termination.

4.8 You agree to indemnify and keep indemnified on demand Eidos and its officers, directors, employees and licensors (together “Eidos Indemnitees”) from all claims, demands, proceedings, liabilities, losses, damages, costs and expenses suffered or incurred by any Eidos Indemnitees arising from, based on, or in relation to any breach by you of any provision of these Contract Terms.

4.9 Limited Warranty This limited warranty is in addition to, and does not affect your statutory rights. Eidos warrants to you that the Content will under normal use and conditions function in accordance with the instructions [and other help files] provided with the Content an, further, shall be materially free from material defects and suitable for use on your mobile telephone provided your phone is listed as being capable of supporting such Content as at the date of the Contract. The entire liability of Eidos for breach of this limited warranty will be, at Eidos' sole option, either (a) to return of the purchase price paid; or (b) to replace free of charge the Content that does not meet this limited warranty.

4.10 SUBJECT TO PARAGRAPH 4.9 ABOVE, THE LIMITED WARRANTY IN PARAGRAPH 4.9 THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EIDOS AND ITS LICENSORS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE CONTENT AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, EIDOS DOES NOT WARRANT THAT THE CONTENT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT IT WILL REPAIR ANY ERRORS IN THE CONTENT. EIDOS FURTHER DOES NOT WARRANT THAT THE CONTENT WILL OPERATE ON ALL TYPES OF MOBILE TELEPHONE. REFER TO THE eidosmobile.com website for a list of supported mobile telephone devices for the relevant Content.

4.11 In addition, Eidos is not liable to you for any failure, error or delay in the delivery of Content to you which is caused by either:

4.11.1 Information provided by you during the formation of the Contract being incorrect or inaccurate (including for example an incorrect billing address, credit card or telephone number being provided);

4.11.2 Your mobile telephone not working properly;

4.11.3 Your mobile telephone not being in an area which is capable of receiving a network signal capable of receiving a SMS message or download;

4.11.4 Your phone being switched off or otherwise having insufficient battery power;

4.11.5 Failure on your part to configure your mobile telephone correctly so as to be able to receive a file download of Content;

4.11.6 You not being in possession of a valid subsisting contract with a mobile network operator permitting transfer of files over a GSM network via WAP and GPRS/UMTS; or

4.11.7 You have insufficient memory on your mobile telephone.

4.12 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

4.12.1 IN NO EVENT SHALL EIDOS OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE CONTENT, EVEN IF EIDOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE, DATA OR SOFTWARE) RESIDES WITH YOU.

4.12.2 IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF EIDOS AND ITS LICENSORS UNDER OR IN RELATION TO EACH CONTRACT OR THE USE OR ATTEMPTED USE OF THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE CONTENT.

4.13 Nothing in these Contract Terms shall limit or exclude Eidos' liability to you in negligence for death or personal injury, to the extent such exclusion or limitation is unlawful, unenforceable or void under any applicable law.

4.14 Some jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in these Contract Terms. Nothing in these Contract Terms shall affect your statutory rights which may vary from state/jurisdiction to state/jurisdiction.

5 download process

5.1 It is your responsibility to check that your mobile phone is listed as a supported device for the relevant Content you wish to order. It is not our fault if you are charged for trying to download Content which is not compatible with your mobile telephone and you may be charged regardless.

5.2 Configure your mobile telephone to ensure that it is able to receive a download of the Content you order. This is also your responsibility. Please refer to the instructions on the eidomobile.com as well as your user manual accompanying your mobile telephone and if you are in any doubt please contact your manufacturer.

6 Governing Law

6.1 These Contract Terms including the Licence and any claim or dispute of whatever nature arising out of or relating to these Contract Terms including the Licence shall be governed by, and construed in accordance with, the laws of England and Wales whose courts shall have non-exclusive jurisdiction over all disputes arising under or in connection with the same, unless and to the extent only that the laws and/or jurisdiction relating to transactions with consumers in a particular jurisdiction require these Contract Terms and/or the Licence to be governed by and construed in accordance with the laws of such jurisdiction and/or require any dispute relating thereto to be subject to the jurisdiction of a court or tribunal in such jurisdiction in order for these Contract Terms or Licence (as the case may be) to be binding and enforceable, in which event the local laws and/or jurisdiction of such jurisdiction shall apply, to the extent so required.

7 General

7.1 These Contract Terms constitute the entire agreement between Eidos and you with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings. No amendment or modification of these Contract Terms will be binding unless made in writing and signed by a duly authorised representative of Eidos.

7.2 Eidos shall not be liable to you for any delay or failure in the performance of any obligation under these Contract Terms or any Contract by reason of any fact, event or circumstance which is outside of the reasonable control of Eidos.

7.3 Eidos may assign, delegate and otherwise transfer its rights and obligations under these Contract Terms, in whole or in part, to any third party and without notice to you. You may not assign, delegate or otherwise transfer any of your rights and obligations under these Contract Terms to any third party.

7.4 If any provision of these Contract Terms is illegal or unenforceable pursuant to applicable law, then such illegal or unenforceable provision will be deleted without prejudice to the remaining provisions of this Agreement which shall remain in full force and effect.