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Apps Terms and Conditions

These Conditions apply to the Application we provide and by ordering the Application, you agree to be bound by the terms and conditions set out below.  Before you order the Application, if you have any questions relating to this Agreement please contact our customer service representatives by calling us on 0870 0870 168 (please note that all calls to our Customer Services Representatives may be recorded for quality monitoring and training purposes).  Alternatively, you can contact us via our website at www.carphonewarehouse.co.uk .

The Application complies with appropriate UK legislation and is only available to UK residents. 

When you order the Application via our Website, the Carphone Warehouse Conditions of Use apply in addition to these Conditions.  Where there is conflict between the Carphone Warehouse Website Conditions of Use and this Agreement, these Conditions shall prevail.

"Agreement" means this agreement;

“Application” means the application that is ordered or downloaded or otherwise obtained by you and the use and provision of which is governed by this Agreement

"Best Buy Group" means Best Buy Europe Distributions Limited, together with its subsidiary companies (including but not limited to The Carphone Warehouse Limited) and holding companies and any subsidiaries of such holding companies whether direct or indirect from time to time, including Best Buy Co. Inc. and its affiliates and subsidiary companies from time to time;

“Personal Information” means the details provided by you to us;

"Services" means the services provided as part of or via the Application;

“Subscription Services” means Services to which you have to subscribe on an ongoing basis, and which may be subject to a periodic fee;

"Us/our/we" means The Carphone Warehouse Ltd., a company registered in England and Wales under the number 02142673 with registered office located at 1 Portal Way, London W3 6RS;

"Website" means our website located at www.carphonewarehouse.com or any subsequent URL which may replace either such website; and

"You/Your" means an authorised user of the Application and/or the Services.


A. USE OF THE SERVICES


1. Provision of the Application


1.1 We shall provide the Service in accordance with these Conditions.


2. Rights and Obligations

2.1 You undertake:
2.1.1 to pay any amounts due for the Application and/or the Services in a timely manner;
2.1.2 that the Personal Information which you provide is true, accurate, current and complete in all respects; and
2.1.3 to notify us immediately of any changes to the Personal Information either via our website at www.carphonewarehouse.com, or by calling us on 0870 0870 168; and
2.1.4 not to impersonate any other person or entity or to use a false name.

2.2 We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the functionality offered by the Application.  We also reserve the right to change or add to this Agreement from time to time.  Your continued use of the Application following such change taking effect shall be deemed to be your acceptance of such change. 

2.3 If you subscribe to Subscription Services and the proposed changes are to your substantial detriment, you can choose to cancel any unused portion of the Subscription Services without penalty before any such changes take effect.  Your continued subscription to the Subscription Services following such change taking effect shall be deemed to be your acceptance of such change. 

2.4 We will do our best to provide the Services in a timely and efficient manner but please note that any estimated time frames for the completion of the Services are estimates only and delays may incur as a result of matters outside of our reasonable control. 


B. USE OF THE APPLICATION and the SERVICES

3. Download

3.1 The Application and Services are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to us, those who are residents in the United Kingdom and individuals who are over 18 old. 

3.2 To download the Application and use the Services, you must provide us with the requested information which may include one or more of the following: your name, phone number, address, payment details.


4. Price and Payment

4.1 All prices are inclusive of VAT at current rates.

4.2 If you fail to make any payment on the due date then, without prejudice to any other right or remedy we may have, we will be able to do one or more of the following:
4.2.1 where you subscribe to Subscription Services, suspend the provision of the Services to you until payment has been received and, where you have failed to make payment despite reminders to do so, cancel this agreement; and/or
4.2.2 where you have ordered a paid-for Application, cancel this Agreement and suspend or cancel your use of the Application; and/or
4.2.3 in any event, charge you interest (before and after any judgment) on the amount unpaid, at the rate of 2% per calendar month, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).

4.3 You confirm that the payment method that is being used is yours.

4.4 All payment methods are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by any such failed checks or authorisation


5. Right of Cancellation

5.1 You may not cancel the purchase of the Application once you have downloaded it and you may only return such a download if it is defective. If you are unable to complete the download process, please contact our Customer Services Representatives for details on how to proceed

5.2 If you are a private consumer and you have ordered Subscription Services via the means of the Application, you may cancel such Subscription Services at any time within 7 working days from the day after placing your order without incurring any liability to us, however, you may not cancel the Subscription Services once we have started to provide any part of the Services to you with your agreement. 

5.3 If you cancel your contract in this manner, we will refund any monies you have paid to us within 30 days of your cancellation.

5.4 Without prejudice to our rights in clause 2 above or to any other rights we have under the terms of this Agreement, we reserve the right to terminate the provision of the Services to you at any time by giving you no less than 30 days’ notice of such termination.


6. Your Personal Information

6.1 We need to collect certain Personal Information to provide you with the Application and the Services.  This Personal Information will form part of a record of your dealings with us.

6.2 When you contact us, we may ask for certain Personal Information to be able to check your identity and we may make a note of this contact if it is relevant to your record.  We will keep Personal Information given to us by you or others during your relationship with us and other companies in Best Buy Group. This include:
6.2.1 details you give us as part of your order, download or during our communications with you; and
6.2.2 where applicable in relation to the Application and/or Services, details we receive from credit reference and fraud detection agencies.

6.3 You agree that we may use and update this centrally held information:
6.3.1 for credit and credit related services and to manage your accounts;
6.3.2 to provide you with other services;
6.3.3 to recover debts;
6.3.4 to prevent and detect fraud;
6.3.5 to update our records about you;
6.3.6 to prevent money laundering; and
6.3.7 to check your identity.

6.4 You agree that, when applicable in relation to the Application and/or Services ordered, we may use your Personal Information to make a credit check on you before we provide you with the Services.  These searches will be recorded by the credit reference agencies.  We may disclose information about how you run your accounts to credit reference and fraud prevention agencies.  We and other organisations may also use credit reference agency and fraud prevention agency records that we receive about you, and people financially linked to you to help make decisions about you and them.

6.5 We may use your Personal Information for research and statistical analysis to develop and improve our products and services. When assessing an application, we may use automated decision-making systems.

6.6 Your Personal Information is confidential and, although we may freely disclose it to other companies within the Best Buy Group, we will only disclose it outside the Best Buy Group when:
6.6.1 you give us your consent;
6.6.2 it is needed by certain reputable third parties involved in running accounts and/or providing services for us (for example, credit reference agencies who do credit checks for us or companies that we use in the provision of the Services);
6.6.3 it is needed in order to obtain professional advice;
6.6.4 it is needed to investigate or prevent crime (e.g. to fraud prevention agencies);
6.6.5 the law permits or requires it, or any regulatory or governmental body requires it, even without your consent; or
6.6.6 there is a duty to the public to reveal the Personal Information.

6.7 We may administer your account and provide services from countries outside Europe that may not have the same data protection laws as the UK.  However, we will have contracts or other legal mechanisms in place to ensure your Personal Information is adequately protected, and we remain bound by our obligations under the Data Protection Act even when your Personal Information is processed outside Europe.

6.8 We may monitor, record, store and use any telephone, email or other electronic communications with you for training purposes, to check any instructions given to us and to improve the quality of our customer service.

6.9 Where we process sensitive personal data about you, we will employ appropriate security measures. 

6.10 If you would like us to tell you what information we hold about you, please write to: The Carphone Warehouse Limited, The Data Protection Officer, PO Box 375, Southampton, SO30 2PU.  We may charge a £10.00 administration fee – please quote your full name and address on each request.

6.11 You will have the opportunity to consent to us contacting you by post,  e-mail, phone, SMS or MMS from time to time occasionally about products and services which the Best Buy Group and carefully selected third parties believe may be of interest to you. 

6.12 You can make changes to your marketing preferences and/or correct or update any inaccurate or incomplete information at any time by calling us on 0870 0870 168 or alternatively, you can contact us in writing via out website at www.carphonewarehouse.com.  When you do this, it may take up to 28 days for such changes to take effect.

6.13 If you give us information about another person, you confirm they have given you permission to provide it to us and for us to be able to process their personal information.  You must also confirm that you have told them who we are and the basis on which we will use their information.


C.      GENERAL

7. Notices

7.1 You may send us notices under or in connection with these Conditions:
7.1.1 by post to The Carphone Warehouse Limited, PO Box 358, Southampton, SO30 2PJ; or
7.1.2 via the internet at www.geeksquad.co.uk/contact

7.2 Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should be retained by you.


8. Limitation of Liability

8.1 The Application and Services are provided on a commercially reasonable basis.  Although we will provide the Application and Services with reasonable skill and care, we make no warranty that the Application and Services will meet your exact requirements or that they will always be available. 

8.2 We shall not be liable where we are unable (using reasonable effort) to provide the Application and Services as a result of any event outside our reasonable control.

8.3 Our liability shall not in any event include losses related to any business of a customer such as lost data, lost profits or business interruption.

8.4 We will not be liable for any loss or damage caused by us in circumstances where such loss or damage is not reasonably foreseeable by us.

8.5 Nothing in this Agreement shall: 
8.5.1 exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or  
8.5.2 limit your rights as a consumer under applicable UK law.

8.6 Each provision of this clause 8 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply and they continue to apply even after this agreement has been terminated or cancelled.


9. Events Beyond the Parties Reasonable Control

9.1If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.


10. Third Parties

10.1 Nobody but you and us can benefit from this Agreement under the Contracts (Rights of Third Parties) Act 1999.


11. Assignment

11.1 You may not but we may, assign, charge or otherwise dispose of its rights under this agreement.  Any attempt by you to do so shall be void.


12. Handling Issues

12.1 If you ever wish to raise any issues you have with the Services, we will endeavour to handle matters fairly, efficiently and confidentially.  You can contact us in the following way:
12.1.1 by calling 0870 0870 168 (calls are free when you’re calling from a BT landline. Call costs from mobiles and other networks may vary);
12.1.2 online, where more details of our complaints process are provided, by visiting www.carphonwarehouse.co.uk

12.2 If you are not happy with the way that we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.


D.     Terms specific to the Usage Application

13. Functionality

13.1 The Application will track how many talk minutes, SMS messages and data you are using via the handset on which the Application is downloaded.

13.2 Usage will be displayed by day, week or month (depending on how you have set up the Application) and you can view the history of your usage for 6 months.

13.3 Call data will be split across non-geographic, landline and mobile numbers and data usage will, where possible, be displayed in accordance with which applications have used up the data (internet, email, facebook or similar).

13.4 Where you have input any monthly SMS, call and data allowances included in your monthly mobile telephone contract, together with the date on which your billing cycle stops/starts, the Application will enable you to track your usage during your monthly cycle.  The Application will also provide you with a warning if you approach the limit of your inclusive allowance and also where you exceed it.


14. Limitations

14.1 The Application can only provide an indication of the talk minutes, SMS messages and data you are using and you should not rely solely on the Application to ensure that you do not exceed any limits on your account. 

14.2 Although the Application is of reasonable reliance, it is dependent on the accuracy of information that you have provided.   Any bugs in your handset, other applications that you use or any software you have on the handset could prevent the Application from functioning correctly and could block the pop-ups or prevent the readings provided from constituting a true reflection of your usage.

14.3 The Application is unable to identify the type of calls you make or SMS messages that you send and if any of your usage allowances are limited by network, call or SMS types, alerts regarding exceeding usage may not be accurate. The Application will furthermore not be able to identify if you use data, make calls or send SMS messages whilst abroad, which may also render its readings inaccurate. 

14.4 If there is a disruption or a software glitch which causes you to have to re-download the Application, any data collected prior to the Application being re-downloaded might be inaccurate and should not be relied upon.