BlueSkyFrog Website

:: Terms of Use © BlueSkyFrog –2006


Terms and Conditions
In these terms and conditions a reference to "BlueSkyFrog" or 'we' means a reference to www.BlueSkyFrog.com, www.mobilegames.com.au, and www.mobilechic.com.au, a business of (belong), any of its 'related bodies corporate' (as defined by the Corporations Act 2001) from time to time and any website operated or powered by BlueSkyFrog. By using this site or by sending an Short Message Service (SMS) to any BlueSkyFrog access number in any print ads, TV commercials, websites operated or powered by BlueSkyFrog or other advertising media, you agree to be bound by these terms and conditions as modified from time to time.
What you must do
You must use BlueSkyFrog in a responsible manner. If you are under 18 years of age, you must obtain your parent/guardian's consent prior to using BlueSkyFrog. What you must not do. You must not: use BlueSkyFrog for any activities or post or transmit to or via BlueSkyFrog any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes;use BlueSkyFrog in a way to post to or transmit to via BlueSkyFrog any material which interferes with other users, or defames, harasses, threatens, menaces, offends or restricts any person or inhibits any other user from using or enjoying BlueSkyFrog; use BlueSkyFrog to send unsolicited electronic mail messages or SMS messages to anyone; make any fraudulent or speculative enquiries, bookings, reservations or requests using BlueSkyFrog; use another person’s name, username or password without permission; knowingly transmit any virus or other disabling feature to BlueSkyFrog; or attempt any of the above acts or permit another person to do any of the above acts.
BlueSkyFrog’s total liability to you for a breach of an express term or for a breach of any Non-excludable Condition (other than one implied by section 69 of the Trade Practices Act 1974) is limited, at BlueSkyFrog’s option, to any one of: resupplying or replacing, or paying the cost of resupplying or replacing the Goods; or supplying again, or paying the cost of supplying again the Services, in respect of which the breach occurred.
Copyright and Other Intellectual Property Rights
This website and its contents are subject to copyright under the laws of Australia and, through international treaties, other countries. The copyright is owned by BlueSkyFrog, or in the case of some materials, third parties. All content is subject to, and protected by, Australian & international copyright in addition to national and international intellectual property laws. You may view this website and its contents by using your web browser or mobile phone and save an electronic copy, or print out a copy, of parts of it solely for your own information, research or study, but only if you: do not modify the copy from how it appears on BlueSkyFrog's website; and include the copyright notice "© BlueSkyFrog 2006" on the copy. You must not reproduce, transmit (including broadcast), adapt or otherwise use the copyright in the whole or any part of this website for any other purpose except as expressly permitted, by statute or with BlueSkyFrog's prior written consent.
Use and Expiry of Bugz
You may use Bugz to purchase icons, ringtones, graphics, games, polys, wallpapers or send SMS messages (Goods) from BlueSkyFrog. Bugz you purchase have a validity period of 12 months from the date of purchase. After that date, you cannot use those Bugz, and those Bugz will be cancelled. All free Bugz have a validity period of 90 days from the date of issue. After that period, you cannot use those free Bugz, and those free Bugz will be cancelled.
Disclaimer and Liability
In compiling the information contained on, and accessed through this website BlueSkyFrog has used its best endeavours to ensure that the information is correct and current at the time of publication, but takes no responsibility for any error, omission or defect therein.
BlueSkyFrog makes no express warranties or representations to you regarding the Goods or services provided by BlueSkyFrog (Services). BlueSkyFrog does not exclude or limit the application of any provision of any statute (including the Trade Practices Act 1974) where to do so would contravene that statute or cause any part of this Contract to be void (Non-excludable Condition).
BlueSkyFrog’s total liability to you for a breach of an express term or for a breach of any Non excludable Condition (other than one implied by section 69 of the Trade Practices Act 1974) is limited, at BlueSkyFrog’s option, to any one of: resupplying or replacing, or paying the cost of resupplying or replacing theGoods; or supplying again, or paying the cost of supplying again theServices, in respect of which the breach occurred.
BlueSkyFrog excludes:
From these terms and conditions, all conditions, warranties and terms implied by statute, general law or custom, except any Non-excludable Condition; all liability to you for consequential or indirect loss or damage arising out of, or in relation to the Goods or Services, any delay, or other failure in supplying the Goods or Services, even if BlueSkyFrog knew it was possible or it was otherwise foreseeable, including without limitation, lost revenue, lost profits and loss or damage suffered as a result of claims by any third person; and all liability to you, including in tort (including without limitation, negligence), in contract, for wilful act or default or otherwise for any acts or omissions of BlueSkyFrog, its employees, agents and subcontractors arising out of or in relation to the terms or conditions or any delay or other failure to supply the Goods or Services. BlueSkyFrog has no liability to you in relation to any material sent to you by any other user of the website. Further, BlueSkyFrog will not release any details regarding transactions on the website, including: any other member's details; or any credit card transactions (even if they relate to your credit card).
Trade Marks
You must not use, modify or permit the modification of any of the trade marks or other logos appearing on the website.
No Guarantee of Delivery
Transactions by way of any published shortcodes (eg 191888, 191273, 193273) are charged at the rate posted on the website, TV commercials, websites operated or powered by BlueSkyFrog and in the print ads. Your account is charged per message, per intended recipient, irrespective of whether the message actually reaches the recipient’s handset. If the handset is switched off, is out of range, or is incompatible, there is a possibility that the message will not reach the recipient’s handset. BlueSkyFrog will attempt to deliver the message for seven days after you send it. You will only be charged once, regardless of how many attempts BlueSkyFrog makes to deliver the message. A list of compatible mobile handsets is available on the Help and FAQ section of the website.
Compatible Mobile Phones
Goods offered via the website and 191 888 are available on nearly all GSM mobile phones. However, certain Goods are available only on selected mobile handsets and specific networks. This is an issue with the handset manufacturers and network providers and is out of BlueSkyFrog's control.
Click here to see what services are available on different handsets.
To prevent any disappointment, do not attempt to send Goods to mobile phones that are not listed as content-compatible as downloads will be unsuccessful. CDMA phones cannot receive Goods. Please do not attempt to send Goods to CDMA phones, as you will be charged Bugz regardless of whether the delivery is successful.
Please ensure that your GPRS is activated in order to retrieve your product after purchasing.
Refund circumstances
If any of the following errors occur when you download Goods, we will re-send the link for those Goods or give you a refund: problematic links of Goods; BlueSkyFrog erroneously stated your phone was compatible with the Goods; or if you received any of the following messages: download error; data previously downloaded; 404- not found; data bearer unavailable.
If any errors other than those specified in this clause apply, any refund we give is at BlueSkyFrog's absolute discretion. You must provide a copy of your phone bill as proof you were charged for the relevant transaction.
BlueSkyFrog will not give you a refund, if in any of the following circumstances:
You did not check whether the Goods were compatible with your handset; you have not activated GPRS on your phone; a valid download was made by someone else other than you. Billing errors (eg double billing) are the responsibility of carriers, not BlueSkyFrog.
Content and Quality
Quality of content will differ depending on handset, screen size and phone speaker type. The preview on the Website may be different from actual download quality.
BlueSkyFrog has taken necessary measures to ensure adult content is not shown to users under 18. However, final responsibility remains with the parents/guardians.
Customer Communication
For each item of Goods you download from BlueSkyFrog, BlueSkyFrog may send you, and you authorise BlueSkyFrog to send, one alert/message through the same electronic medium as the Goods downloaded.
You acknowledge that you may unsubscribe at any time by forwarding a request to unsubscribe via the Website 'unsubscribe' or via email to [registration@blueskyfrog.com] stating "un-register" in the subject box. You acknowledge that all requests will be processed within 10 days from date of request.
191 888 Services
If the message you send is not matched or recognised, BlueSkyFrog will offer you another chance to submit a recognisable song or choose from a list of 3 ‘close’ matches. If the second attempt is not able to be fulfilled, a message will be sent to you providing a customer service number to offer another choice or administer a refund.
Third Party Content
This clause 14 only applies where the Goods or Services offered on the Website are clearly identified as the products, services or information of third parties.
The third party products, services and information are not provided or endorsed by BlueSkyFrog and your legal relationship is with the third party. BlueSkyFrog has not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via BlueSkyFrog. You should check with the third party supplier whether there are additional charges and terms which may apply.
BlueSkyFrog may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on BlueSkyFrog or accessible through a hyperlink. You acknowledge and consent to BlueSkyFrog receiving the fees and/or commissions.
Virus Warning
The Internet is an unsecured public network. There is a risk that: information sent to or from this website may be intercepted, corrupted or modified by third parties; files obtained from or through this website may contain computer viruses or other defects. In using this website and material from it, you assume these risks and responsibility for any loss, damage or consequence resulting directly or indirectly from these risks. Subcontracting
BlueSkyFrog (and any of its subcontractors) may subcontract part or all of its obligations under this Contract on any terms to any person.
Indemnity
You indemnify BlueSkyFrog:
against any claim in connection with these terms and conditions from any person other than you; and for any loss or damage caused to any person, including property damage, as a result of your breach of these terms and conditions. The indemnities in this paragraph operate irrespective of whether any loss or damage arises from a wilful, deliberate or unauthorised act or omission by BlueSkyFrog.
Notifying claims
If you believe BlueSkyFrog is liable to you, you must notify BlueSkyFrog in writing within 48 hours of delivery of the Goods or Services to you. If BlueSkyFrog does not receive a written notice from you within that time, BlueSkyFrog will have no liability to you. BlueSkyFrog will have no liability to you, even if you give BlueSkyFrog a written notice within that time, if you do not commence legal proceedings against BlueSkyFrog within 6 months of the date of delivery (or if not delivered, the dates delivery should have been effected) of the Goods or Services.
Notifying changes
BlueSkyFrog may vary any of these terms and conditions at any time. BlueSkyFrog will give notice of any variations to members by email to the email address notified to BlueSkyFrog by the member. BlueSkyFrog will give notice of any variations to users of the Website who are not members by posting the revised Terms of Use on the home page of the Website. Your continued use after such notice will constitute acceptance of the variation.
Entire Agreement
These terms and conditions (together with the BlueSkyFrog.com Privacy Principles) are the entire agreement between you and BlueSkyFrog in relation to its subject matter.
Applicable Law
By accessing this Website, you agree that any disputes about these terms and conditions or your use of this Website or its contents are to be determined by the courts having jurisdiction in New South Wales in accordance with the laws in force in New South Wales (except any principle of conflict of laws inconsistent with this requirement). This Website may be accessed throughout Australia and overseas. BlueSkyFrog makes no representation that the content of this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
Customer Care and Helpline
For any technical issue or questions, please contact our helpdesk team: Telephone: 1300 303 504 (Monday to Friday, 9am to 5pm AEST) E-mail: support@blueskyfrog.com

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