Please note by using the Service you will be deemed to have accepted these terms and conditions. You agree that the services may start before the end of the Trial Period. You also agree that once the Service has started with your agreement, you will lose your statutory right of cancellation under the Regulations.
CONDITIONS
The SIM Card is sold and we agree to provide the Services on these Terms and Conditions and certain paragraphs are highlighted to draw your attention to them.
1 Definitions and important notes
1.1 In this Agreement:
"Agreement" means these terms and conditions (together with such changes and/or other terms as may be notified to you from time to time) and the current Tariff;
"Charges" means all the charges associated with the Service described in the Tariff;
"Content" means textual, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Service including all information supplied by content providers from time to time;
"Credit or Debit Card" means your nominated credit or debit card, details of which you have provided to us over the telephone or by e-mail/the internet;
"MMS" means multimedia messaging service;
"Mobile Phone" means a cellular telephone;
"Network" means the public switched telephone network and/or a wireless telegraphy link by means of a cellular radio system operated by the Network Operator;
"Network Operator" means any of Carphone Mobile World, Fresh, O2, T-Mobile, Vodafone or Orange or such other companies from time to time which operate a network or virtual network on our behalf for communication purposes;
"Service" means all or part of a telephone service provided through the Network and includes any service or facility comprised in the Service including the ability to make and receive calls, to send and receive data by means of the Network, to send and receive e-mails via the Internet, to access information from the Internet and any additional service or product including without limitation, insurance and specified land line or other home service supplied to you by us from time to time;
"SIM Card" means the Subscriber Identity Module containing data which has been supplied to you by us. The SIM card is network specific and is the memory which sits within the handset and allows the user access to the Network;
"SMS" means short messaging service;
"Tariff" means the tariff setting out our list of Charges for the Service from time to time copies of which are available at http://www.mobileworld.co.uk or by contacting 0800 049 9000;
"Top-Up" means an increase in the airtime provided by a Network Operator;
"VAT" means value added tax chargeable under the Value Added Tax Act 1994 (or successor Acts) and any similar replacement or additional tax;
"WAP Services" means services provided via Wireless Application Protocol (a secure specification that allows users to access Content via handheld devices such as a Mobile Phone;
"Web Services" means services provided from our Website www.mobileworld.co.uk and any additional websites linked from our Website;
"we", "us" and "our" means The Carphone Warehouse Limited Limited (registered no. 2142673), ("Carphone Mobile World") the supplier of your airtime, and such member (or members) of The Carphone Warehouse Group plc (registered no. 3253714) group of companies, each of 1 Portal Way, London W3 6RS as is, for the time being performing the obligations under this Agreement and/or where the context requires, acting as Carphone Mobile World's agent until further notice by Carphone Mobile World;
"you" and "your" means the customer with whom we make this Agreement and it includes a person who we reasonably believe is acting or using the SIM Card with your authority or knowledge.
1.2 The Tariff contains explanations, definitions, notes and conditions, all of which form part of this Agreement.
1.3 All services, offers and promotions are subject to additional terms and conditions advertised in our marketing literature and on our website www.mobileworld.co.uk. Please check our site regularly as these terms are updated from time to time.
1.4 Use of WAP Services and Web Services are subject to our WAP and Web Services terms and conditions respectively, available to view on our Website. Please check our Website regularly as these terms and conditions are changed from time to time.
1.5 You must be over 16 years old to receive the Service.
1.6 You must make at least one outbound call in any 90 day period.
2 Ordering and Delivery of your SIM Card
2.1 We shall not be deemed to have accepted your order for a SIM Card, where you order from our website, unless it has been confirmed by us by e-mail.
2.2 You shall be responsible for ensuring the SIM Card you purchase is of the correct specification for its intended use and location.
2.3 From time to time we may have to make changes in the specification of the SIM Card:
2.3.1 to make it conform with any applicable safety or other statutory requirements; or
2.3.2 to make it reflect changes in the manufacturer's specification.
2.4 We may also have to make other necessary changes in the specification of the SIM Card from time to time, but these will not materially reduce the quality or performance of the SIM Card.
2.5 The price of the SIM Card shall be our quoted price (which we may change in the case of an error) as stated on our website (for purchases on our website) or in store (for purchases in store).
2.6 You shall pay for the price of the SIM Card either upon collection in store or at the time of order on our website.
2.7 If you order on our website and request us to deliver the SIM Card to you other than by standard post, you may incur an additional charge.
2.8 Payment on time is of the essence. That is to say that if you do not pay on time, we can terminate the arrangement between you and us.
2.9 Once the SIM Card has been collected by you or otherwise received by you, all risk of damage to, or loss of, the SIM Card shall pass to you.
3 Warranties, Repairs and Replacement
3.1 Subject to the Clauses set out below, the SIM Card, where new, is sold with the benefit of and subject to the terms applicable to such warranty or guarantee as is given by the manufacturer of the SIM Card.
3.2 No liability is accepted for:
3.2.1 any defect resulting from fair wear and tear;
3.2.2 rain, water or other liquid damage;
3.2.3 accidental or wilful damage;
3.2.4 negligence;
3.2.5 abnormal working conditions;
3.2.6 failure to follow the manufacturer's instructions (whether oral or in writing); or
3.2.7 misuse or alteration or repair of the SIM Card without the manufacturer's approval.
3.3 Other than as expressly provided in the Agreement, and except where the SIM Card is sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations), we exclude all conditions, terms, representations (other than fraudulent or negligent representations) and warranties relating to the SIM Card, whether imposed by statute or by operation of law or otherwise, that are not expressly stated herein, including without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose.
3.4 Where you are dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations) your statutory rights are not affected by the Agreement.
3.5 If you think the SIM Card is faulty, you should take the SIM Card to any Carphone Warehouse retail store or send it to us at Direct Returns, CPW Logistics Centre, Bilston Road, Wednesbury, West Midlands WS10 7JN by special delivery with your proof of purchase where it will be checked on another phone. If the SIM Card does not work on another phone the following provisions of this clause will apply. Subject to Clause 3.7, if a valid claim is made within 14 days of purchase of the SIM Card, we will replace or refund the SIM Card free of charge. After the expiry of this 14 day period, no replacement or refund will be given. We do not provide refunds for any Top-Up.
3.6 We shall (at our or the manufacturer's option) have the right to fulfil our obligations under Clause 3.5 by refunding you the price you paid (or a proportionate part thereof, depending upon age and condition). That will be the extent of our liability to you.
3.7 Other than as set out above, we shall be under no other obligation to exchange, repair or replace the SIM Card or provide any refunds. You should note (and hereby acknowledge), that any data (including any ringtone, logo, phonebook contents, MMS, SMS, games and photographs) may be lost during a repair and will be lost if the SIM Card is exchanged. We are not liable for this and it is therefore your responsibility to back up any such data stored on your SIM Card.
3.8 If you are unfortunate enough to have your SIM Card stolen or if you lose it, please contact us immediately so that we can prevent further Charges being incurred. You will be required to pay for all call Charges up to the time you notify us and you will be liable for the Charges thereafter until this Agreement has ended as described in Clause 9.
3.9 The provisions of this Clause 3 do not affect your statutory rights.
4 Provision of Service:
4.1 The Service which we agree to provide to you may not be available in all parts of the United Kingdom and will not be available abroad. The Service will not include the ability to make calls to the following countries: Ascension Is, Christmas Is, Comoros, Cook Is, Cuba, Diego Garcia, Guinea-Bissau, Kiribati, Marshall Is, Micronesia, Nauru, New Caledonia, Norfolk Is, Northern Mariana Is, Palau, Sao Tome / Principe, Solomon Is, Somalia, St.Helena, Tonga, Tuvalu, Vanuatu and Wallis & Futuna Is. This list may change. The Service will not include the ability to make calls to any satellite phone networks including: all Inmarsat (+871, +872, +873, +874), Iridium (+8816, +8817), Thuraya (+88216), Globalstar (+8818, +8819), ICO Global (+8810, +8811), Ellipso (+8812, +8813) and Emsat (+88213). You will not be able to access or use our international roaming service, GPRS, MMS or make premium rate calls. If you reverse the charges on any call or accept a reversed charge call, you will be liable to pay for these Charges.
4.2 You agree that when you successfully activate your SIM Card or when you contact us to acquire further airtime, such acts indicate your continued acceptance of the Agreement. You agree that by continuing to use the Services in these circumstances, you lose your statutory right of cancellation under the Consumer Protection (Distance Selling) Regulations 2000.
4.3 You will be entitled to the quality of Service generally provided by us for our customers. The Service is not fault free and it may be impaired by too many people trying to use the Network, geographical, topographical, atmospheric, or other conditions (including buildings, underpasses and other causes of interference) and/or circumstances beyond our control.
4.4 We will use reasonable endeavours to provide the Service by the date we have agreed with you, but we do not guarantee to do so. If you instruct us to change the Service we will use reasonable endeavours to complete your order as soon as possible but there may be a delay in your order being completed. We will not be liable to you for any costs, expenses or claims arising directly or indirectly out of such delay.
4.5 The maximum call duration of any interntaional call is 90 minutes. You will not be able to make an international call unless you have more than £1 and 1 minute credit on your account. In the interest of other users, the number and duration of messages that can be left on your voicemail service will be limited. Please note that the confidentiality of your messages cannot be guaranteed. You must not record an abusive greeting message. You cannot use the voicemail service while abroad.
4.6 The Service may be used by you to link into web sites, resources and/or networks worldwide. We accept no responsibility for the content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such web sites, resources and/or networks.
4.7 We will allocate a number for use of your SIM Card on the Network. The number does not belong to you and may only be transferred to another service provider in certain circumstances (including payment of our costs) details of which are available on request from 0800 049 9000.
4.8 Please note that you may still be able to make, continue and receive chargeable local calls and texts and thereby incur Charges which result in you exceeding the amount standing to the credit of your account, but if this happens, you will still be liable to pay for these Charges and this will be deducted when you next Top-Up. Where the amount standing to the credit of your account expires during an international call, we will terminate the call.
5 Things we may have to do:
5.1 For operational reasons, we may have to:
5.1.1 alter the number of any SIM Card or any other code or number or technical specification associated with the Service;
5.1.2 give you instructions which we believe are necessary for reasons of health, safety or the quality of Service to you or any other customer;
5.1.3 suspend the Service because of an emergency or for your security;
5.1.4 record telephone calls you make to us to facilitate improvements to our Service and to provide evidence of telephone orders and instructions you may give to us; and
5.1.5 monitor the contents of any text message you send from time to time.
5.2 If we believe that we may be unable to continue to provide the Service on a particular Network for any reason then, if we tell you, we may transfer the number to another Network. On transfer we will continue to make available to you the Service, or a similar service, and you will not be required to pay an increased amount for the Service.
5.3 From time to time we may have to migrate your Account from one billing platform to another. In these circumstances we will notify you if migration of your Account will affect the Service in any way.
6 Our Rights to Bar or Disconnect Your SIM Card
6.1 We reserve the right at our discretion to bar your SIM Card from making calls (including to the emergency services), MMS and SMS and using GPRS and to disconnect it from the Network if:
6.1.1 any of the circumstances in Clauses 8.4 or 9.1 apply to you; or
6.1.2 in the event of loss or theft of the SIM Card or if we have reasonable cause to suspect fraudulent use of a payment card or any SIM Card; or
6.1.3 if the credit on your account is not above nil.
6.2 We may send you an SMS when the credit on your account is £2 or less reminding you to purchase a Top-Up.
6.3 You may be required to pay a reconnection charge of £10.00 and any outstanding Charges including those incurred under Clause 4.8 if your SIM Card is disconnected from the Network for the reasons stated in Clause 6.1. Please call Customer Services on 0800 049 9000 to request reconnection. If your SIM is barred it will not be unbarred until your account is at least £3 in credit.
6.4 If we bar your Service because you break this Agreement, the Agreement will still continue. You must pay all Charges due from you under this Agreement until the Agreement is terminated in accordance with this Agreement.
6.5 Where we disconnect your SIM Card from the Network under clause 9.1.4, you will lose any unused credit on your account.
7 Charges:
7.1 The Charges for the Service will be calculated in accordance with the Tariff using the details we have recorded.
7.2 You must pay to us all the Charges incurred by you, or any person using the Service even when such Charges exceed the amount standing to the credit of your account from time to time.
7.3 Top-Ups may be purchased no more than twice in any 24 hour period and only in amounts of £5, £10 or £20. Your account is subject to a maximum credit of £200 at any time.
7.4 If we provide you with a credit to your account (for example as a goodwill gesture), such credit will be deducted from your Charges until the credit has been used. These credits cannot be redeemed for cash and any unused credits are non-refundable upon disconnection of your service or termination of this Agreement.
7.5 Unless otherwise stated, call prices are quoted by the minute and include VAT. Calls are charged in one minute increments rounded up to the nearest minute. You will be charged for a minimum of one minute for each international call. You may be charged to receive certain premium rated MMS and SMS. MMS or SMS messages made (and received if premium rated) may be charged other than in whole penny increments. Total Charges (including calls, SMS and MMS) excluding VAT will always be rounded up to the nearest whole penny. VAT will be added where applicable and then rounded up to the nearest whole penny.
7.6 All the Charges are payable to us by buying Top-Ups, payable using cash, Credit or Debit Card (including Electron and certain cards issued overseas) or through such other means as we may agree from time to time.
7.7 For any overdue payments we may charge interest at the following rates: (a) in the case of all Charges except those referred to in clause 4.8, 2% above the current National Westminster Bank plc base lending rate as published from time to time or, (b) in the case of Charges referred to in clause 4.8, 1% above the latest National Westminster Bank plc base lending rate published 28 days before this Agreement is entered into.
7.8 If we advise you of the amount on your account from time to time this is an estimate based on the information we have received from the Network Operator.
7.9 We reserve the right to increase/decrease our Charges from time to time and/or introduce new charges from time to time in accordance with Clause 14.
8 Your Responsibilities:
8.1 You agree to use the SIM Card and the Service in the way described in any user guide or other instructions issued by us. You acknowledge that the SIM Card remains the property of the Network Operator and that you cannot sell your number, code or any associated number or agree to transfer them to anyone else without our consent
8.2 You must only use a Mobile Phone which is lawfully approved for connection. You must not use the Services for any improper unlawful purpose. You must comply with any instructions we give you about the Services. You agree:
8.2.1 that all factual information you provide to us is correct;
8.2.2 to take adequate precautions to prevent damage to or loss or theft of your SIM Card;
8.2.3 to inform our customer services as soon as possible on 0800 049 9000 if the SIM Card is lost, stolen, damaged, destroyed or likely to be used in an unauthorised manner and to co-operate with us in our reasonable security and other checks;
8.3 If the SIM Card is lost, stolen, damaged, destroyed or used in an unauthorised manner we may charge you the amount specified in the Tariff for reconnection. You will be responsible for any Charges incurred as a result of unauthorised use of the SIM Card, or the information contained within the SIM Card, until we have suspended the Service.
8.4 You must not use or permit any other person to use the Service:
8.4.1 fraudulently or in connection with a criminal offence;
8.4.2 to send a call or message, send, upload, download, use or re-use any material which is racist, offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax, in breach of any rights (including copyright) or privacy or is otherwise objectionable or unlawful;
8.4.3 to cause annoyance, inconvenience or needless anxiety as set out in the Telecommunications Act 1984 as amended or replaced from time to time; or
8.4.4 other than in accordance with the acceptable use policies of the Network and (if appropriate) any relevant Internet standards.
8.5 You must tell us immediately if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Service or the Content and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.
9 Ending the Agreement:
9.1 In addition to anything else we can do, we may end the Agreement or suspend the Service or both at any time without telling you and without incurring any liability to you if:
9.1.1 you use, or appear to use the Service in a way contrary to Clause 8;
9.1.2 bankruptcy or insolvency proceedings are brought against you, or if an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation;
9.1.3 you fail to pay the Charges when they are due and do not pay the Charges within 15 days of our having advised you that the Charges are overdue;
9.1.4 you do not use the SIM Card for 90 days in which case we will have the right to disconnect your SIM card and you will lose any unused credit on your account. "Use" in this context shall mean that you make at least one outbound call in any continuous 90 day period. We therefore advise you make one chargeable call at least once every 90 days;
9.1.5 you are in breach of this Agreement;
9.1.6 we have reasonable cause to suspect fraudulent use of your Credit or Debit Card (or those of any other person) has occurred to purchase the SIM Card or the Service;
9.1.7 there is an emergency or for your security; or
9.1.8 any agreement, giving us access to any part of or the ability to provide the Service is suspended or terminated.
9.2 If we suspend the Service, we will not provide it again until you confirm that you will use the Service only as agreed in this Agreement.
9.3 You may be required to pay a reconnection charge (of £10.00) if the Service is temporarily suspended for the reasons stated in Clauses 9.1.1 to 9.1.8 above. Please call Customer Services on 0800 049 9000 to request reconnection.
9.4 Unless varied by the terms of a particular Tariff, this Agreement may be ended by either of us giving two working days' notice to the other and if you give notice to us, it must be in accordance with the terms of clause 9.6 below. This Agreement will end when we disconnect the Service.
9.5 After this Agreement is ended you must pay all Charges incurred during this Agreement.
9.5.1 If you breach this Agreement, and we ignore your breach, or the Service is suspended, we can still end this Agreement if you breach it again.
9.6 If you wish to terminate this Agreement in accordance with its terms you must either telephone us on 0800 049 9000 or write to us at Carphone Mobile World, The Carphone Warehouse Support Centre, 1 Portal Way, London W3 6RS stating your name, address and Mobile Phone number.
10 Limitation of Liability
10.1 We do not exclude or limit liability if you are injured or die as a result of our negligence.
10.2 Other than for death or personal injury we have no liability under this Agreement unless we agree otherwise, whether or not as a result of our negligence, for:
10.2.1 a failure in the SIM Card or in the provision of the Service or the Service itself; or,
10.2.2 any indirect loss, loss of business, revenue, profit, or savings you expected to make, wasted expense, financial loss or data being lost, or harmed.
10.3 We do not accept liability for the acts or omissions of other Network Operators or other providers of telecommunication services. We do not accept liability for the deletion, loss or corruption of any Content transmitted or maintained by the Network, unless this is caused by our negligence.
10.4 Other than for death or personal injury, any liability we have of any sort (including any liability because of our negligence) is limited to £500 for any one event or series of related events, and to £1,000 in total for all incidents in any 12 month period.
10.5 Each part of this Agreement that excludes or limits our liability operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply.
11 Matters beyond our reasonable control
11.1 We will not be liable if we cannot do what we have promised in this Agreement because of something beyond our reasonable control such as, without limitation, lightning, flood, exceptionally severe weather, fire, explosion, war, military operations, national or local emergency, civil disorder, industrial disputes (whether or not involving our employees), or acts of local or central Government or other competent authorities.
12 Use and Disclosure of Information
12.1 We respect your personal information and undertake to comply with applicable Data Protection legislation in place from time to time.
12.2 We may hold information that you provide to us (such as by telephone) or that we may obtain from another source (such as our suppliers, marketing organisations or credit reference agencies). This information ("Your Information") may include your name, address, date of birth, gender, telephone numbers, email address, bank and credit/debit card information, occupation and employment data, lifestyle information and details of how you use our products and services which may include the numbers you call, the type, date, time, location, duration, cost of calls, messages or other communications, the addresses you send messages to and information about your browsing activities when visiting one of our web, WAP or similar sites together with general information about the way you pay and manage your account. We may share Your Information with: companies within the Carphone Warehouse Group PLC group of companies ("CPW Group") and any company or other entity in which CPW Group owns (directly or indirectly) more than 15% of the issued share capital for the purposes described in these terms and conditions (including, without limitation, its fixed line telephony and insurance companies); and in the event that we undergo re-organisation or are sold to a third party, you agree that Your Information may be transferred to that re-organised entity or third party for the purposes and subject to the terms of this Agreement.
12.3 Your Information may be held and used by us for a number of purposes and we may use third parties to support us with purposes which include, without limitation:
12.3.1 processing your orders or applications; administering your account and billing; settling accounts with those who provide related services to us; disclosing your data to bank and debit and credit card companies to validate your debit or credit card details; dealing with requests, enquiries or complaints and other customer care related activities; debt recovery (also using recovery agents and agents facilitating to contact you) and legal actions and all other general administrative and business purposes;
12.3.2 carrying out market and product analysis of Your Information to develop and improve and to tell you about our and CPW Group's products and services, new developments, special offers, discounts and awards which we believe may be of personal interest to you. We may tell you by automated means or otherwise, including by email, fax, mobile text message, MMS, telephone, automated dialling equipment, post and via world wide web, WAP and similar sites subject to any preferences indicated by you at the time you apply to enter into this Agreement or subsequently; contacting you about the products and services of carefully selected third parties and allowing you to receive advertising and marketing information from those selected third parties but without passing control of Your Information to the third party concerned;
12.3.3 passing on data to organisations from which you have ordered any products and services; registering your details and allocating or offering you rewards, discounts or other benefits and fulfilling any requests or requirements you may have in respect of our and CPW Group's loyalty or reward programmes and other similar schemes;
12.3.4 carrying out any activity or disclosure in connection with a legal, governmental, national security or regulatory requirement on us or in connection with legal proceedings, and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders; or
12.3.5 carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer.
12.4 You agree to the disclosure by us of the following information to any telecommunications company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, credit provider or security agency:
12.4.1 any information relating to your contract with us including details of how you conduct your account and your obligations to us and your personal financial information;
12.4.2 any information which is covered by our registration under the Data Protection Act 1998 as amended from time to time; and
12.4.3 any information which we are required by an order of any court of competent jurisdiction or by statutory authority to disclose.
12.5 Our web, WAP and similar sites may be based on servers located outside of the European Union. Please note that the data protection and other laws of countries outside the European Union may not protect you as well as those within the European Union.
12.6 We may use your information for the purpose of testing our internal systems and developing new products and services.
12.7 A comprehensive description of how we use personal information is publicly available from the Information Commissioner - please see www.dataprotection.gov.uk.
12.8 If you would like us to tell you what information we hold about you, please write to: The Data Controller, The Carphone Warehouse Limited, 1 Portal Way, London W3 6RS. We may charge a £10.00 administration fee; please quote your Mobile Phone number on all requests. You can also call us on 0800 049 9000 to correct or update any inaccurate or incomplete information and to advise us of any preferences you may have concerning how you can be contacted for marketing purposes or to indicate your preferences for directory entries.
12.9 If you do not wish your details to be used for the purposes described in Clauses 12.2 and 12.3, please write to us c/o The Data Controller, The Carphone Warehouse Limited, 1 Portal Way, London W3 6RS stating your full name, address and Mobile Phone number. Please note: this will not affect any marketing consent which you have already given to any of the companies referred to in Clause 12.3 in respect of agreements relating to other products and/or services.
12.10 Subject to your rights of objection set out in this Clause, and your right of objection in the registration process, you agree that you consent to us, CPW Group or third parties contacting you for any of the above purposes whether by telephone, email, MMS, SMS or in writing and you confirm that you do not consider any of the above as being a breach of any of your rights under The Privacy and Electronic Communications (EC Directive) Regulations 2003.
12.11 You should be aware that if we are requested by the police or any regulatory government authority investigating suspected illegal activities to provide your user information or information concerning your activities whilst using the Service we shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning your use that is deemed by us to be inconsistent with these terms.
12.12 We may disclose to third parties aggregated data to the use of the Service provided that a single individual is not identifiable in such data.
12.13 If you have registered your account with us, we may pass your information to the Mobile Equipment National Database ("MEND") and the Stolen Equipment National Database ("SEND") (organisations operated by Recipero Limited, a company registered in England and Wales under Company No. 3794898 and with its registered office at Lawrence House, Lower Bristol Road, Bath BA2 9ET) to enable MEND or SEND to contact you in the event that you lose your SIM Card or it is stolen from you. Please contact us at the above address if you do not want your information to be passed to MEND and/or SEND. PLEASE NOTE: Once you have been registered with MEND and SEND, it is your responsibility to ensure that you notify any change of mobile phone to MEND and SEND to ensure that there is no interruption of their service to you.
12.14 We may use "cookies" and other software so as to be able to build up a profile of your interests and preferences and this may be used by us to develop and operate the Service.12.15 We may disclose to third parties aggregated data to the use of the Service provided that a single individual is not identifiable in such data.
12.15 If you tell us, we will include your details in a national directory and/or directory enquiry service. Please call or write to us (please see our website for contact details) if you would like us to do so. There may be a reasonable charge for this service.
13 Internet Access
13.1 If you have a SIM Card, which enables access to the Internet ("Mobile Internet Phone") the following terms and conditions of this clause 13 also apply to you.
13.2 We or our contractual partners may provide links to other web sites or resources. We neither accept responsibility for third party websites or resources nor endorse their Content. Your dealings with, and interest in, promotions, services, or merchants found by using your Mobile Internet Phone are solely between you and the person with whom you are dealing. You are solely responsible for evaluating the accuracy and completeness of any of the Content and the value and integrity of goods and services offered by third parties over the Service. We will not be a party to or in any way responsible for any transaction concerning third party goods and services or for any losses or damages that may arise from any such dealings with third parties except in the case of negligence on our part.
13.3 For Internet access, you understand that all the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using the Service ("Information") whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Information originated. This means that you, and not us, are entirely responsible for all Information that you upload, email or otherwise transmit via Internet access.
13.4 It is a condition of us allowing you access to the Content that you accept that we will not be liable for any action you take in reliance on the Content.
13.5 We may vary the Content or the technical specification of the Service from time to time.
13.6 You may only use the Content in a way that does not infringe the rights of others ("Approved Use") and you must comply with all other instructions issued by us regarding use of Content. You shall not store, modify, transmit, distribute, broadcast, or publish any part of Content other than for an Approved Use. The re-selling, copying or incorporation into any other work of part or all of the Content in any form is prohibited save that you may print or download extracts of the Content for your personal use only.
13.7 Access to secure financial transactions will be dependant on the make and model of your Mobile Phone and the third party supplier of Content.
14 Changing the Agreement
14.1 We reserve the right to change the conditions of this Agreement including any Charges at any time. We will give you notice of any changes (to the extent that they are to your significant disadvantage or relate to an increase in the Charges) either by writing to you, sending you an SMS, publishing them in the "Buyer's Guide" available in stores owned or operated by CPW Group (or by writing to us at the above address), providing them on our customer services telephone line by way of a recorded message or by posting them on our website. You may then be able to end this Agreement in accordance with Clause 9. The changes will not affect an Agreement ended in this way.
14.2 This Agreement supersedes all prior arrangements, understandings and agreements between the parties relating to the provision of the Services and sets out the entire agreement between the parties. Neither party has relied on any representation arrangement understanding or agreement (whether written or oral) not expressly set out in this Agreement.
15 General
15.1 You cannot transfer or try to transfer this Agreement to anyone else unless we agree in writing. We can transfer the benefit and you agree that we can transfer the obligation under this Agreement to any agent or third party (including, without limitation, any member of CPW Group).
15.2 Failure by either of us to enforce rights under this Agreement shall not prevent you or us (as the case may be) from taking further action.
15.3 When you use your SIM Card, the identity of your Mobile Phone number may be sent through the networks so as to be identified to the phone being called. The identity of your Mobile Phone number will always be sent if calling 999.
15.4 For your own protection, you must keep confidential the electronic serial number of your SIM Card, any lock code(s) associated with your SIM Card, your voice mail access number, and any other personal identification password or security number. When choosing a password, you must not use words that are obscene or likely to cause offence.
15.5 We make every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control and if you are connected to an analogue network, there is no protection for your communications over the air interface. If you are connected to the digital network, your communications over the air interface with our systems are encrypted providing a greater level of protection, but even this cannot be guaranteed. Please also read carefully the instructions provided with your SIM Card. Depending upon the manufacturer and model, your Mobile Phone may send information stored on it and receive information to and from certain third parties without your knowledge. If you use your SIM Card to access the Internet, please note that the Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to your SIM Card or Mobile Phone and the information stored on your SIM Card or Mobile Phone. These programs may perform actions that you have not authorised, possibly without your knowledge.
15.6 If we need to send notices to you or you to need to send notices to us these must be in writing and can be delivered by hand or first class post to the other's address as stated on the order form and will be deemed to have arrived at their destination 48 hours after posting. References in this agreement to "in writing" also include by SMS and MMS, which must be sent to your Mobile Phone number, and by e-mail, which must be sent to us, at the address we notify to you by e-mail, or to you, at the address you supply to us and notices given by SMS, MMS or e-mail shall be deemed to have been delivered the day after the day the notice is sent.
15.7 We or our agents may monitor or record your calls, emails or SMS for our lawful business purposes, such as quality control and training, to prevent unauthorised use of our telecommunications systems, to ensure effective systems operation and in order to prevent or detect crime.
15.8 If you have registered your account with us, you must tell us promptly in writing if you change your name and address or there are any changes to your payment card arrangements which may affect your payment of the Charges.
15.9 If you have a complaint or query with regards to any aspect of your account or experience please contact our customer services team, Monday - Friday 8am - 7pm, Saturday 9am - 6pm or Sunday & Bank Holidays 10am - 5pm. We can be contacted by telephone, dialling 0800 049 9000, by email (mobileworld@cpwplc.com) or by letter to Carphone Mobile World Customer Services Team, The Carphone Warehouse Support Centre, 1 Portal Way, London, W3 6RS. Please include your Mobile Phone number and full name and address in any written correspondence. We aim to fully resolve all email queries within 5 working days of receipt and all written queries within 7 working days of receipt. In the unlikely event we are unable to fully resolve a complaint, you may refer your case to the Telecommunications Ombudsman, Otelo via Telephone on 0845 050 1614 or e-mail enquiries@otelo.org.uk. However, Otelo will only deal with your complaint if it remains unresolved 12 weeks after a deadlock situation has been reached.
15.10 The Agreement also applies if you lend or give your SIM Card to someone else.
15.11 This Agreement is subject to English law and the English Courts have jurisdiction. You may have the right to refer certain disputes to arbitration details of which are available from us upon request.
15.12 Except in the case of any permitted assignment of this Agreement under Clause 15.1, a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any clause of this Agreement.
15.13 Calls to our telephone numbers will be charged at standard rates and may be monitored or recorded.
16 SIM card- if you buy a 'SIM Only' package from us
If you want to enable a Mobile World SIM card on your current mobile phone which is latched to another network you may need to obtain an unlatching code from your current network operator and service provider. The unlatching code is not the same as your PIN code. Failure to enter the correct unlatching code may result in your mobile phone becoming permanently blocked. We accept no responsibility for mobile phones blocked in this way or for any costs incurred in the provision of an unlatching code.
Last updated: 20 January 2009
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