Terms & Conditions

(1) Mobilefun is an affiliate service and can be provided to you by multiple different content providers ("The Service Provider"). To find out who provides Mobilfun to you, please do one of the following:

(a) go to www.19sms.com.au and type in the short code you signed up to/receive your content links and messages from into the provided short code finder tool
(b) Text "Info" to the short code you receive your messages/content links from
(c) Look at your subscription confirmation message which will display the provider name
(d) Call 1300332245

Your access to all services provided ("the Services") is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (known collectively as "Terms of Use"). Your use of, and/or access to all the Services constitutes your agreement to the Terms of Use. The Service Provider reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should ensure that you have read and fully understood them.
(2) You need a mobile phone to participate and to collect your initial 10 items for the cost of one. Mobile phones must be WAP and GPRS enabled.
(3) Free items can only be collected once per mobile phone number. Once you have collected free items, you cannot collect again for a period of 180 days.
(4) Free items cannot be exchanged for other prizes or monetary gifts.
(5) Use by children: If you are under the age of 16 you should obtain the consent of your parents or legal guardians for submitting any personal information. Children under the age of 13 should not submit any personal information without the written consent of their parents or legal guardian. If you are a child under 13 and want to submit personal information to us please ask your parent or legal guardian to contact us under the customer care number provided further down (13), specifying that they consent to us collecting your personal information. Parents or legal guardians may review or change the personal information of their children or refuse further collection of any such information by contacting us on our number provided under (13).
(6) By subscribing to one of our services, you agree that (a) your mobile number can be used for further marketing purposes for an indefinite period by The Service Provider and their business partners, (b) to subscribe to the service described and receive MT messages to your mobile phone at the service rates described below but which subscription can be terminated by you at any time by sending the word STOP to the corresponding short code.
(7) Gift items of this promotion are mobile content items. These are top quality items and can be selected via WAP push in a sophisticated new system. Out of a menu, you will be able to select multiple items of your choice. Your mobile phone has to be able to support this technique. All items are high quality and shall increase the fun you have using your mobile phone! Please make sure that WAP and GPRS are enabled on your mobile phone. Each download credit sent to your mobile allows you to do the following:

(a) Download one item out of the categories "Videos", "Games", "Sounds & Tones" or "Screensavers". Additional downloads out of either of these categories will be charged to your phone account at $6,60 each.
(b) Download/read unlimited content out of the daily updated categories:
> Horoscopes > Jokes > Celebrity Gossip > Inspirational Messages > Superstitions > Insults > Quote Of The Day > Chat Up Lines

(8) After you have received your 10 pieces of content for the price of one, you will be subscribed to the service (you receive a message advising you of this during the promotion BEFORE MT costs occur). So far, you have already received 9 pieces of free content, but when joining you will receive a menu to select from different items for your mobile phone. You will receive this menu direct to your phone at a cost of $6,60/5 days. You can select one item every week out of the categories "Videos", "Games", "Sounds & Tones" or "Screensavers". Additional downloads out of either of these categories will be charged to your phone account at $6,60 each. Additionally, you can download/read unlimited content out of the daily updated categories: > Horoscopes > Jokes > Celebrity Gossip > Inspirational Messages > Superstitions > Insults > Quote Of The Day > Chat Up Lines. Enjoy constantly having the latest and greatest content on your phone!
(9) Unsubscribe: You can unsubscribe anytime by replying "STOP" to the shortcode or the confirmation SMS.
(10) Virgin Mobile and Hutchinson customers: As you are aware, your carrier does not allow MT content messages, therefore you cannot use any of our SMS content services.
(11) Your telephone carrier supplies the carriage for the Subscription Service to you. Any charges for the carriage of the Service will appear on your next mobile telephone bill. All queries relating to mobile telephone bills should be directed to your mobile telephone carrier. Charges for specific Services are set out below.
(12) Under no circumstances (including but not limited to any act or omission on the part of The Service Provider) will The Service Provider be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access the Services. You agree to opt in to marketing lists for an indefinite period. Terms can change without notice.
(13) Helpline: For additional information or questions about your account, please call the hotline on 1300332245.

(14) Except as provided for by any non-excludable statutory right:
a) all content for the Services are provided "as is" and without warranties of any kind, either express or implied,
b) Your mobile telephone carrier, The Service Provider and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose,
c) Neither your mobile telephone carrier, nor The Service Provider warrant that access to the Services will be available, uninterrupted, free from delay or error-free or that any defects will be corrected. Your mobile telephone carrier or The Service Provider may terminate or discontinue in whole or in part any or all of the Services at any time, for any reason.
d) You must use the Service in a manner consistent with any and all applicable laws and regulations.
e) The service is open to customers who are connected to the Telstra, Vodafone, Optus, Orange mobile digital networks and participating service providers with Text messaging compatible mobile phones.

(15) Please be advised some services are delivered via WAP PUSH.

(16) Customers must not use The Service Provider or generate The Service Provider content:
(a) with the intention or result that another person is menaced or harassed; or
(b) that would be regarded by reasonable persons as being, in all the circumstances, offensive; or
(c) that is indecent, obscene, abusive, threatening, defamatory or incites hatred to any person or groups; or
(d) having regard to any reference in the content to matters of drug misuse or addiction, crime, cruelty, violence, revolting or abhorrent phenomena or obscene language; or
(e) that interferes with the enjoyment of an The Service Provider session by other Customers;
(f) that breaches any laws
(g) infringes a third party's rights (including Intellectual Property Rights and copyright); or
(h) that advertises products or services.

(17) To win the main prize of $20,000 or one of the monthly prizes, you must enter an SMS game of skill ("Wordgame"). To enter, a mobile phone or internet access is required. SMS costs of 25 cents apply for mobile phone entry. Customers from NSW, VIC and ACT can also play wordgame online. To enter the online version, you have to request a username and password by providing us with a proof of the following:

1. Address in VIC, NSW or ACT (e.g. phonebill and/or utility bill)
2. That you are the account holder (phone bill)
3. Age (Drivers license or passport copy)

These have to be sent to Xplora Ltd, PO Box 173, Balgowlah NSW 2093. Please include a cover letter asking for participation in Wordgame Online. We will then send you your access information.

(18) Total prize pool is: 1 x $20,000 (cash, or our Mac Gear package consisting of MacBook Air & iMac 24" & iPhone 3G & AppleTV & TimeCapsule & $2,500 in software & iTunes Store credit or cash, or value of home entertainment system); 10 x $1,000; 10 x $500; 20 x Apple iPod (4GB iPod Nano); 10 x Digital Cameras (DSE 6371 six megapixels); 20 x Mobile Phones (Nokia Model 1600, Type RH-64); 30 x 5.1 DVD players (Grundig GDP 6124) and thousands of mobile content prizes. (Prize brands and models are subject to availability: If models become obsolete or unavailable, the promoter reserves the right to update to newer, comparable models). These prizes comprise monthly prizes and the main prize.

(19) Monthly prizes: Rank 1: $1000; Rank 2: $500; Ranks 3 & 4: Apple iPods; Rank 5: Digital Camera; Ranks 6 & 7: Mobile phones; Ranks 8 Ð 10: DVD players, and many mobile content prizes, valued at $66.

(20) Main prize: The player with the most points at the end of this series of WORDGAME (duration: 12 months, ends 31 December 2009 at 9:00 PM AEST) wins a brand new home entertainment system valued at $20,000, our Mac Gear package (MacBook Air & iMac 24" & iPhone 3G & AppleTV & TimeCapsule & $2,500 in software & iTunes Store credit or cash!) or $20,000 in cash! The winner can select which brand of home entertainment system is to be supplied, provided that the total cost does not exceed $20,000. If the total cost is below $20,000, the winner will receive the difference in cash.

(21) To play the Wordgame with your mobile, SMS charges apply ($3 per message pair.) The players with the most points by the last day of each month at 9.00 PM AEST win monthly prizes as described above. A new round starts every month.

(22) All words nominated will be judged in accordance with Macquarie Dictionary.

(23) Non-monetary prizes cannot be redeemed for cash. Winners will be contacted within 5 working days.

Complaint procedure

(24) If you have a complaint or refund request, please contact us on the number provided under (13). Please provide the following information: Nature of the complaint, mobile phone number(s) the complaint is related to, carrier you are on, short code(s) the complaint is referring to (the number you see on your phone bill, starting with 19, or the sender ID for eg WAP links or messages you received), if possible service name. If you have already taken action to unsubscribe from a specific service, please advise how and when (eg with a STOP command) and if you experienced any difficulties.

(25) If you have a refund request, pls explain briefly why you think you are eligible to a refund and advise of the amount.

(26) Please be assured we take every complaint seriously and our staff is well trained. If you are unhappy with the outcome of a complaint resolution, then you can always take this further (see TIO contact further down). However we would appreciate if you gave us the chance to resolve the issue first and would ask you for an objective approach.

(27) If you are unable to resolve a complaint through these channels, please follow the TIO procedure: You can contact the TIO (or Telecommunications Industry Ombudsman) via telephone on 1800 062 058 or via email at tio@tio.com.au. A variety of other contact mechanisms for the TIO are set out on the TIO website at www.tio.com.au. The TIO is the escalated complaints handling body for the purposes of the MPS Code.

Copyright Mobilefun 2008.