TERMS AND CONDITIONS OF SALE

These Terms and Conditions govern your purchase of the content displayed for sale on this mySMSstore website ("Website") and in any other advertisement in whatever media or form, made in relation thereto which includes ringtones, images, photos, java games, music, wallpaper, RSS feeds and other text based listings (hereinafter collectively referred to as "Products").

The Products are made available for your purchase by MySMS.Inc , its subsidiaries, affiliates and/or agents (hereinafter referred to as mySMSstore)

These terms and conditions may be updated with or without notice from time to time. By submitting an SMS for the purchase of the Products utilising the short code 32088 ("Short Code") you are agreeing to be bound by and to comply with these Terms and Conditions as may be amended from time to time.

Prices, Description and Availability of Products:

You acknowledge and agree that prices, description and availability of Products are subject to change without prior notice and that any error in the Product's description or pricing is subject to correction.

You are advised to check the most current pricing and description as well as the continued availability of the Product from this Website at the point of your making the purchase of the Product.

Purchase Transaction:

By submitting an SMS requesting for a particular Product utilising the Product's unique product code ("Request Code") and our fixed Short Code (hereinafter referred to as an "SMS Order"), you are representing you are of legal age and have the necessary right and authority to make such purchase via your particular mobile service line.

Your submission of an SMS Order shall be deemed as your offer to purchase the particular Product requested at the price stipulated for the said Product.

Your offer for purchase shall be automatically accepted by mySMSstore upon the successful transmission of your SMS subject always to the delivery terms hereinbelow.

Cancellation of an SMS Order, once submitted is not permitted.

You hereby agree that upon acceptance of your SMS Order, you shall be charged the price of the Product by your mobile operator in your monthly billing should you have a postpaid subscription.

Where you have a prepaid subscription, you agree that the price of the Product shall immediately be deducted from your prepaid phone card upon acceptance of your SMS Order.

The prices payable in relation to the Product shall be additional to any SMS charges imposed by your mobile operator.

License to the Products

Upon our acceptance of your SMS Order, you shall be granted a perpetual, non-transferable license to access, view and otherwise use the Products for your personal use.

You shall not use the Products for commercial purposes or in any other way that may reduce its commercial value such as the distribution, sharing or dissemination of the same.

You acknowledge that ownership of the Products shall remain with mySMSstore and you hereby undertake that you shall at all times access, view and otherwise use the Products in such a way as to respect mySMSstore's intellectual property rights to the Products.

Without derogating the generality of the foregoing, you shall not alter, modify, add, enhance, reverse engineer or reproduce derivative versions of the Products or otherwise do any such act as may infringe the intellectual property rights to the Products in any way.

You acknowledge and agree that you shall be responsible to indemnify mySMSstore for any loss or damages as may be suffered by mySMSstore due to your non-compliance with these Terms and Conditions of Sale.

Delivery of Products:

Subject to the following provisions, Products will be delivered via SMS to the mobile service line used by you in the making of your SMS Order. Delivery of Products will be effected subsequent to our acceptance of your SMS Order.

You understand that the delivery of the Products to your mobile is dependent on factors outside mySMSstore's control such as the service provided by your mobile operator, your continued access to the said service provided by the mobile operator, etc.

As such, you acknowledge and agree that mySMSstore shall not be responsible for the failure in the delivery of the said Products to your mobile including but not limited to the following reasons:

(i) Where your mobile is out of service or out of range for any reason;
(ii) Where your mobile is incompatible with the Product requested or is unable to support the format in which the Product is provided;
(iii) Where your mobile has insufficient memory, capacity or functionality to receive delivery of the Product; and
(iv) Where your access/subscription to the service of your mobile operator is suspended, denied or stopped for any reason.

Your access and view of Products upon delivery:

You acknowledge and agree that your access and view of Products purchased and delivered to you on your mobile may be affected by any limitation in your mobile memory, capacity or functionality.

We are not liable for you not being able to access, view or otherwise display the Product purchased on your mobile phone due to limitations in your mobile memory, capacity, or functionality in any way.

Product Warranty

Other than obligatory warranties imposed under applicable law, mySMSstore does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of completeness, accuracy, usefulness, reliability, fitness for a particular purpose in respect of the Products herein and expressly disclaims liability for any defect, errors and omissions in such Products.

Queries and Complaints

Should you have any queries or complaints in relation to the Products purchased, please address all such queries and complaints to mySMSstore at info@mysmsstore.com.my.

mySMSstore shall use its reasonable endeavours to respond to the queries and resolve any problems or issued as may be raised by you.

Exclusion of liability

mySMSstore and/or its employees shall not in any circumstance be liable for any indirect, incidental, special, punitive or consequential damages that result in any way from your order and purchase of the Products, or your reliance on or use of the Products.

In the event that mySMSstore is found to be liable in anyway for any loss or damage (of any kind) that may arise in relation to your order, purchase, reliance or use of the Products in any way, mySMSstore's entire liability howsoever arising whether in contract, tort and/or indemnity shall be limited to the amount equal to the Product(s) in dispute.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Malaysia and shall be subject to the exclusive jurisdiction of the courts of Malaysia.