Online Consumer Goods Terms and Conditions

WEBSITE TERMS AND CONDITIONS

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE.

1.    THESE TERMS

1.1   These are the terms and conditions, together with any documents referred to herein (“Terms”), on which we supply our products and they govern your use of our website (“Website”).

1.2   In these Terms, “we/us/our” shall mean Techsixtyfour Limited and “you/your” shall mean the customer.

1.3   Our Websites can be found at www.techsixtyfour.com and www.mygatorwatch.com both of which are owned by Techsixtyfour Ltd whose details are given below.(“Website”)

1.4   We recommend that you please read these Terms before using our Website as they affect your legal rights and liabilities, and furthermore, the basis upon which we will supply our products to you (“Products”), whether you continue to use the Website as either a registered user or a guest. By using the Website, you accept these Terms and agree to adhere to these at all times.

1.5   Please read these terms carefully before you submit your Order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms please contact us to discuss.

  1.  INFORMATION ABOUT US AND HOW TO CONTACT US

2.1   We are Techsixtyfour Ltd, a company registered in England and Wales. Our company registration number is 09766176 and Our registered office is at Kemp House, 152 – 160 City Road, London EC1V 2NX.

2.2   You can contact us by emailing our customer service team at support@techsixtyfour.com

2.3   If we have to contact you we will do so by telephone or by email.

2.4    “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

  1.  OUR CONTRACT WITH YOU

3.1   Our Website will guide you through the ordering process.  Before submitting your Order you will be given the opportunity to review and amend it.  Please ensure that you have checked your Order carefully before submitting it to us.

3.2   Orders shall be accepted at our sole discretion. Our acceptance of your Order will take place when you place an order on our Website www.techsixtyfour.com and we email you to accept it, at which point a contract will come into existence between you and us (“Order”).

3.3   If we are unable to accept your Order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.

3.4   If We accept your Order, we shall send you an order acknowledgment email confirming what Products you have agreed to buy, and we will assign an order number to your Order. It will help us if you can tell us the order number whenever you contact us about your Order.

  1.  OUR PRODUCTS

4.1   Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only.

4.2   Product packaging may vary. The packaging of the product may vary from that shown on images on our website.

 

4.3   We cannot guarantee that our Products will always be available.  Stock indications are provided on our Website.

4.4   Minor changes may, from time to time, be made to certain Products between your Order being placed and us processing that Order and dispatching, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues.  Any such changes will not change any main characteristics of the Products and will not normally affect your use of them.  However, if any change is made that would affect your use of the Products, suitable information will be provided to you by us.

4.5   We make all reasonable efforts to ensure that all prices shown on our Website are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.

4.6   In the event that the price of the Products you have ordered changes between your Order being placed and us processing that Order and taking payment, you will be charged the price shown on our Website at the time of placing your Order.

4.7   All prices on our Website include VAT.  If the VAT rate changes between your Order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

  1.   DELIVERY INFORMATION

5.1   Unless we specify otherwise or this is amended by you in the Order process, delivery dates shall be within 30 days from the date of the Order.

5.2   If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to either rearrange delivery or collect the Products from a local depot.

5.3   If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.

5.4   We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.

5.5   The Product will be your responsibility from the time we deliver the Product to the address or the first attempted delivery date.

  1. PRODUCT USE

6.1   Upon completion of the purchase and delivery of the Order, you will be supplied with a SIM Card and asked to subscribe to our service plans to support the Product and enable it to work to its full potential.

6.2   “Service” means any mobile service plans you wish to subscribe to, which are made available for use by you via the SIM Card installed in the Product, once you have activated the SIM Card. The Service will include airtime minutes, which enables you to make or receive domestic and international calls. You will be asked to agree to new terms and conditions in this regard.

6.3   You can also download the relevant app and supporting software to enable the Product to work. Details on the full operation of the Product can be found on either our Website, or the instructions that are found in the box.

6.3   We shall accept no responsibility or liability for any third party provider that we engage to enable us to provide the Service to you in support of the Product.

  1. EXCHANGE AND RETURN POLICY 

7.1   We hope you are completely happy with your Product but if you are not there is no need to worry. We will be pleased to exchange or have a Product returned to us at our discretion.

7.2   If what you have bought is faulty, misdescribed, the wrong order or you have simply changed your mind you may have a legal right to end the contract. To end the contract with us, please let us know by emailing our customer service team on support@techsixtyfour.com.

7.3   The Product must be returned in its original condition.

7.4   In all circumstances where you are returning the Product where you are exercising your right to change your mind you must pay the costs of return.

7.5   Please note that we are not responsible for any delays in the Product being returned to us.

7.6   If you have just changed your mind about the Product you may be able to get a refund if you contact us within 14 days of placement of your Order but you must formally notify us of your intention either by telephoning us, emailing us or writing to us at support@techsixtyfour.com. You will have to pay the costs of return to us.

7.7   We reserve the right on a case by case basis to refuse return and refund of the goods at our discretion. You do not have the right to change your mind, exchange or return Products where they have been used or damaged and each returned Product will be inspected on an individual basis. Returns should be in the original state, unused and in the original packaging.

7.8   We will refund you the price you paid for the Products by the method you used for payment. However, we may make deductions from the price. Deductions from refunds will be made on the price you paid for the Product to reflect any reduction in the value of the Product if this has been caused by your handling of the Product or the value of the Product has been reduced.

7.9   If the Products are faulty or damaged in any way when you receive your Order, please contact us at support@techsixtyfour.com as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement. We will offer you a refund within 30 days from the date of purchase.

7.10 If you do not wish to reject the Products in accordance with clause 7.9, or if the 30 calendar day rejection period has expired, you may contact us to request a repair of the Products or a replacement.  We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you.  In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.  If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods.  If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days

7.11 We may end the contract for a Product at any time by contacting you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products;
(c) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us;

7.12 We reserve the right to withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 7 days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided and or suggest replacements

  1.  PRICE AND PAYMENT AND PERSONAL INFORMATION

8.1   The price of the Product will be the price indicated on the order pages when you placed your Order. All prices stated are in Great British Pounds

8.2   We do not take any financial information from you when you purchase your Products with us. For this reason, we use a third party payment provider which you will be notified of when you place your Order who will receive all financial information from you.

8.3   Any Products sold with a subscription arrangement to a sim card will be charged when you register this with us on purchase, on a monthly basis and cancelled on the giving of one month’s notice. You will be subject to separate terms and conditions with us in this regard.

8.4   All personal information that we may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act. Further details can be found in our Privacy Policy.

8.5   We will use the personal information you provide us with to:
a. supply the Products to you
b. process your payment for the Products
c. inform you of marketing promotions, new Products and updates.

8.5  We will collect all details on the purchase of a Product with a subscription arrangement  to a sim card and upload accordingly. These details including names, addresses and contact details are held securely and in accordance with the Data Protection Act.

  1. OUR LIABILITY TO YOU
  • We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
  • We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Products are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
  • Nothing in these Terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
  • Nothing in these Terms seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
  1.  MISCELLANEOUS

10.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
10.2 Nobody else has any rights under this contract. This contract is between you and us.

10.3 If a court finds part of this contract illegal, the rest will continue in force. Each of these paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

10.4 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.

10.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist Immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

10.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

  1.   DISCLAIMER

11.1 Please note that this Product is not a safety device and as with any GPS or mobile phone, the accuracy of information shown on the tracking depends on a number of factors including:

  • the quality of the connection between the Product and the GPS satellites and the connection with the mobile phone network
  • bad weather
  • tall buildings
  • the Product being indoors
  • poor signal/reception areas
  • the watch being turned off/taken off

11.2 Such factors can result in information being lost, delayed or unavailable. The Product does not guarantee the safety of your child and is not a safety device and we make no warranties in respect of this. The Product provides a guide as to location but not a guaranteed location. The Product must not be used as a substitute for appropriate child supervision.

11.3 We are not liable for any loss or damage caused by the tracking information on the Product being unavailable or inaccurate.

Techsixtyfour SIM Subscription Terms and Conditions

TECHSIXTYFOUR SIM SUBSCRIPTION TERMS AND CONDITIONS

  1. INTRODUCTION

1.1. The Parties

This Agreement relates to Subscription Services provided to you by Techsixtyfour.  We are Techsixtyfour Ltd, a company registered in England & Wales, company number 09766176, whose registered office is Kemp House 152 – 160 City Road, London, EC1V 2NX (“Techsixtyfour”).

In this Agreement, references to “we”, “us” and “our” are references to Techsixtyfour and references to “Customer” and “you/your” are references to you.

1.2. This Agreement

(a) This “Agreement” is comprised of:

  • these General Terms and Conditions;
  • the Price List;

(b) Each part of this Agreement shall be published by us on our website at www.techsixtyfour.com .

1.3. Contact us

You may contact us via the following:

  • by email at support@techsixtyfour.com;
  • by calling 02036330415 from other mobiles or landlines.

1.4. Definitions

In this Agreement, capitalised terms shall have the meanings set out below:

“Account” means our records of any information which you have supplied to us. This includes your personal information, your payment details, and details of your use of the Services. An Account is created when you order the Gator watch.

“Administration Fee” means any charge which we may levy under this Agreement, in specified circumstances for the cost of additional and/or non-standard services to you;

“Annual Contract” means an annual Service Plan that runs for a period of twelve (12) months.

“Charges” means charges  for  access  to,  and  use  of,  the Services  as  set  out  in the  Service Plan and the Price List. These  charges  may  cover  (but  are  not  limited  to)  fixed periodic  charges,  including  your  Monthly  Charge,  usage  charges  (for example,  charges  for  outside  of  your Service Plan),  account  Administration and  any  costs  incurred  in  collecting  outstanding  payments  from you;

“Content” means any text, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Services for use on the Product or otherwise;

“Credit Card” and/or “UK Debit Card” mean a card issued by a bank in your name from which we are able to take payments under this Agreement directly or via our partners;

“Customer Services” means our staff and call handlers allocated to respond and assist customers with any queries and complaints regarding this Agreement and the Services. Customer Services are contactable as set out in section 1.3;

“International Roaming” or ‘’Roaming’’ means the Service supplied to you to enable you to obtain access to other mobile communications networks. This Service includes the ability to make and receive domestic and international voice calls.

“Mobile Device” means a wearable mobile device or tracker capable of being connected to our Service via the Network Provider for Services when used in combination with a SIM Card;

“Monthly  Charge”  means  the  monthly  fixed  charge  payable  by  you  for  your Service Plan including any price increases.

“Monthly Contract” means a Service Plan that is for the duration o f one (1) calendar month.

“Price List” means the list of prices and Charges and any applicable conditions relating to the prices and Charges for the provision of the

Service to customers which may be periodically updated by us for our Services;

“Privacy Policy” means the our policy on collecting and processing your personal information relating to the Services which can be found on our website;

“Recurring  Payment  Method”  means a means  of,  automated  payment,  preauthorised  by  you,  such  as a recurring  credit  or  debit card payment .

“Roaming Sim Card” means a Sim Card which uses 3 network providers (Vodafone, O2 and EE) to continually ensure that the Mobile Device has the strongest available signal.

“Service” means any Mobile Services Plans services made available for use by you via the SIM Card installed in the Mobile Device, once you have  activated the SIM Card, including airtime minutes, enabling you to make or receive domestic and international calls from the Mobile Device, and data by means of the Network, including voicemail and International Roaming where applicable;

“Service Plan” means the multi network voice and data plan selected by you for your Mobile Device;

“SIM Card” means the card pre-installed in your Mobile Device purchased by you from our website bearing a unique mobile telephone number programmed to allow the Product to access the service;

“Term” means an Annual Contract or Monthly Contract;

“User Guide(s)” means any guides or documentation supplied with your Mobile Device/SIM Card either by us or by the Network Provider  that explain to you how the Service works, how to purchase call time and/or how to use your Mobile Device; and

“Website” means www.techsixtyfour.com

  1. COMMENCEMENT

This Agreement will start, and you are deemed to accept the terms and conditions of this Agreement, when you register the SIM card to your account for either an Annual Contract or Monthly Contract and will continue for the Term, unless and until terminated in accordance with this Agreement.  .

Monthly Contracts

At the end of each Monthly Contract period, this Agreement shall  automatically be extended by a further month, and continue to do so at the end of each further month until such time as you terminate this Agreement by providing thirty (30) days notice.

Annual Contracts

At the end of each Annual Contract, this Agreement shall  automatically be extended by a further year, and continue to do so at the end of each further year until such time as you terminate this Agreement by providing thirty (30) days notice before the end of the current Annual Contract period.

  1. OUR SERVICES

3.1. SIM Cards

(a) Any SIM Card we provide to you to use the Services remains the property of Techsixtyfour. The Network Provider may change your SIM Card.

(b) You must notify us immediately if your SIM Card/Product is lost, stolen, damaged or destroyed, or used without your authority You must co- operate with us in our reasonable security and other checks to protect you, your information, other customers, us, the Network Provider and Services.

(c) You must buy the service plan on our website that matches the SIM card you selected when you ordered the Mobile device from our website.  Failure to purchase the correct Service Plan that matches the SIM Card will result in the mobile Device not being able to make or receive calls or data.

3.2. Changes to Services

We, or our Network Providers, may, from time to time, change the Services in order to comply with any regulatory or statutory requirements. Details of any changes we make will be made available on our website.

3.3. Availability and provision of the Services

(a) Our Services are provided using Network Providers in the United Kingdom. You acknowledge that some of the services provided under the Agreement are subject to arrangements that are outside our control.

(b) The availability and quality of the Services may be affected by factors outside our control, such as your Mobile Device, physical, geographic and atmospheric conditions, and the functional capability of the Network or any other networks used to provide the Services to you.

(c) We may also need to suspend your Services, wholly or partially, from time to time without notice where you fail to pay your instalments in accordance with  this agreement or we or the Network Provider suspect fraud.

(d) For the reasons set out above and due to the nature of mobile telecommunications services, our Network Providers do not warrant that the Services (or related products or services, including those of third parties) will be uninterrupted, timely, secure or error-free or that they will meet your specific requirements.

3.4. International  Roaming

(a) The Mobile Device will work when roaming outside the UK or EU if our Network provider has an arrangement in place with a foreign operator.

(b) Overseas networks on which we rely to support the Service while you are Roaming abroad may be limited in quality and coverage which we have no control over.

(c) Your use of the Services when Roaming may be subject to different laws and regulations applying in that country and you are solely responsible for compliance with those laws and regulations.

(d) The Charges for Roaming are set out in the Service Plan. Please be aware that you also have to pay for receiving calls outside the UK & EU, including for the International components of such calls, when you are Roaming..

3.5. SMS

The mobile device does not use SMS.

3.6. Other terms regarding the Services

(a) We or our Network Providers may from time to time:

  • issue reasonable instructions and guidelines concerning the use of the Services; and/or
  • block certain numbers from the Services or International Roaming.

3.7. Fair Use

Use of the Services is limited to fair and reasonable use as may be defined by us from time to time. Our Services and Charges assume fair and reasonable use of the Service by you. In the event your usage is not in line with the terms of the agreement, we reserve the right to review the Charges applied to your Account or to suspend or terminate the Services offered to you in accordance with section 7 – we will notify you before we do this.

 

  1. YOUR USE OF THE SERVICES

(a) The Services are made available to you provided that you:

  • comply with the terms of this Agreement, any User Guide(s) and any reasonable  instructions or guidelines issued by us or our Network Provider governing your use of the services. You remain solely responsible for the manner in which the Services are used;
  • give us all information we reasonably ask for, such as correct and current name and address or any other information we may require
  • only use the Services with the Mobile Device;
  • are responsible for the acts and omissions of any and all persons using the Services through your SIM Card. This applies even where you allow someone else to use your Mobile Device with the SIM Card;
  • are wholly responsible for the content of the use of the Service, including all call content, messages or other communications sent or received by you or any other person using your SIM Card;
  • do not attempt to gain or actually gain or permit any third party to attempt to gain unauthorised access to the Services and/or Network;
  • do not use or permit the use of the Services for any improper, immoral, fraudulent or unlawful purpose, or to cause any injury,

offence or annoyance to any person or to send unsolicited commercial messages to any person;

  • Do not use the device to call Premium rate telephone numbers.

(b) You may not resell the Services or otherwise exploit the Services commercially or to Our  detriment . For the avoidance of any doubt this includes use of the Services for the purposes of fraud.

(c) You must co-operate with all reasonable requests made by us relating to the provision of the Services to you.

  1. PAYING YOUR BILLS

(a)  You  must  pay  us  all  Charges  in  connection  with  all  Services  which are  accessed  using  the  SIM  Card.  You  must  pay  the  Monthly Charge,  whether  or  not  your  allowance  of  voice  units, and/or data  units  are  consumed  by  you  or  by  another  person,  with  or  without your  permission. If  your  SIM  Card and/or  Mobile Device  is  lost  or  stolen  you  remain  responsible  for  all the  Charges  to  your  account  until  you  tell  us  what  happened  and arrange  for  your  SIM  Card and/or  Device  to  be  deactivated.
(b)  We’ll  send  you  a  bill  on  a  periodic  basis  and  this  will  usually  be  done monthly. However,  we  may  change  this  period,  and  we  would  give  you  at least  14  days’  notice  of  this.
(c)  Your  bill  will  normally  include  your  Monthly  Charge  for  your  Service Plan for the  next  billing  period  and  any  administration  fees  along  with  Charges for  your  use  of  the  Services  in  the  UK  in  the  last  period  and outside  the  UK  in  prior  periods  (if  not  within  your  allowance).  On  your  bill,  we’ll  include  the  “per  unit”  cost  for  your  allowance  to help  you  understand  the  value  you’re  getting  from  your  Package.
(d) Charges  on  your  bill  are  shown  inclusive  of  VAT  (where  appropriate), unless  you’re  a  business  customer,  in  which  case,  VAT  will  be  added  to your  bill  where  appropriate.
(e)  You  must  make  your  payment  by  the  due  date  and  by  one  of  the payment  methods  stated  on  your  bill.   Your  bill  will state  the  amount  of  the  Charges  due  from  you  and  the  due  date  by which  you  must  make  payment.  If  you  fail  to  pay  your  account  on  time, you  will  be  breaking  your  agreement  and  we  may  suspend  or disconnect  you.  In  this  case,  you  will  have  to  pay  any  outstanding Charges.

(f)  We may need to take  legal  or  other  collection  action  against  you  for  non-payment  of  Charges.  This  could  mean  you  have  to  pay  our  reasonable costs  and  expenses,  or  the  reasonable  costs  and  expenses  of  our assignees,  including  legal  and  administration  costs.  Interest  may  be added  on  a  daily  basis  to  any  unpaid  Charges  and  costs,  at  2%  per annum  above  the base rate  of  Barclays Bank  plc, from  the date  payment  is due  until  it  is  received.

(g)  We require  you pay  your  Charges  by  a  Recurring  Payment Method,  as  a condition  of  signing  up  to  Services,  if at any time we are unable to take payment from your  Recurring  Payment Method we will contact you to advise you that this is the case and if you  fail  to  pay  with the amount shown on your last bill in full within 5 days, you  will  be  breaking  your  agreement  and  we  may  suspend  or disconnect  your Account.

  1. LIABILITY

(a) We exclude all liability to you arising in any way for any:

  • loss where we are not at fault;
  • loss of income, business or profits;
  • loss or corruption of data;
  • loss of use of the Services; and
  • any loss or damages which were not reasonably foreseeable at the time we entered into this Agreement.

(b) Nothing in these terms shall act to exclude or limit our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation; or
  • any other liability which cannot be excluded or limited by law.

(c) Nothing in this Agreement affects your statutory rights as a consumer (if applicable).

(d) We are only liable to you as set out in this Agreement. Except as set out in sections 6(b) and (c), our entire liability to you shall be limited to the amount you have paid for the service.

(f) Except as otherwise provided in this Agreement all conditions, warranties or other terms (whether express or implied by operation of law or otherwise) are hereby excluded to the extent permitted by law.

(g) We will not be liable to you for any failure by us to carry out our duties or to provide the Services because of an event, act or omission that is beyond our control.

(h) This section 6 will continue to apply after this Agreement has ended.

  1. YOUR RIGHT TO CANCEL YOUR ORDER FOR SERVICES

a(a) You may cancel your order for Services by returning your Mobile Device to us within 14 days of the date of creation of your Account. Please note that in order to obtain a refund the SIM Card must still be fitted within the Mobile Device and no attempt must have been made to remove the SIM from the Mobile Device. If you have used the Service or if we do not receive the Mobile Device containing the SIM Card by the required date, or if the SIM Card has been used, broken or if it has been returned incomplete, then you may not receive a refund.

(b) You are responsible for the Mobile Device until it is received by us.

(c) You can return your Mobile Device by posting it to us at your own expense. Please contact Customer Services for the address to which your returns should be sent. Please note that proof of sending does not mean proof of receipt by us and you may wish to send such items by recorded delivery for confirmation of receipt by us.

(d) We will not make any refund until the returned Mobile Device and SIM Card has been inspected by us and found to be in a satisfactory condition. Refunds (where applicable) may take up to 30 days to process. If you made the original purchase using a Credit Card or UK Debit Card any refund will be credited to that Credit Card or UK Debit Card.

(e) These terms operate in addition to any other statutory rights you may have as a consumer.

  1. SUSPENSION AND TERMINATION

8.1. When we can suspend

(a) We (or our Network providers) may suspend the Services (in other words bar your access to the Services) or disconnect any SIM Card from the Network without notice:

  • as provided for in the section 3.4;
  • if you or anyone who uses your SIM Card does not keep to the terms of this Agreement;
  • if we believe your SIM Card or Mobile Device is being used in a way which is not allowed under this Agreement;
  • if you notify us that your Mobile Device and/or SIM Card has been lost or stolen;
  • if you have provided us with information we reasonably believe to be false or misleading;
  • if we reasonably believe there has been fraudulent activity on your Account;
  • if we have reasonable grounds to suspect fraudulent use of the Services or your SIM Card, or where we would suffer direct loss as a result of any use of the Services; or
  • if you or anyone who uses your SIM Card contravenes any acceptable use policy we have notified you about and you continue to use the Services in breach of that acceptable use policy after we have notified you of the breach.

8.2. When you can terminate

(a)  Monthly Contract Service Plan:  You are entitled to terminate this Monthly Contract Service Plan by giving 30 days notice.

(b) Annual Contract Service Plan:  You are entitled to terminate your annual plan by giving 30 days notice before the end of the annual contract service plan.

8.3. When we can terminate

We are entitled to terminate this Agreement immediately:

(a) if the Services are suspend under section 8.1, or if we have the right to suspend the services under section 8.1, and we reasonably believe that the grounds are serious and have not been, or are unlikely to be, rectified;

(b) if you are in breach of your obligations under this Agreement in any material way and have not rectified that breach within 7 days of us asking you to;

(c) if we suspect you of involvement in fraudulent activities

8.4. Effects of termination

(a) Upon termination of this Agreement:

  • your right to use the SIM Card and any number(s) associated with it also terminates;
  • you will not be able to use the Services at all; and
  • you will lose your mobile phone number (unless you port to another network).

The Mobile Device will not work without an active voice plan

(b) You will be billed until the end of your 30 day notice period.

  1. CHANGES TO THE AGREEMENT

(a) We may change any and all terms and conditions of this Agreement (including the Price List) at any time without notice to you, where such changes favour you as a Customer. The current Agreement is always available on our website.

(b) We may make incidental changes to this Agreement (including the Service Plan) where required to do so to comply with legal, regulatory or tax changes, for circumstances otherwise outside of our control, or for minor changes incidental to the operation of this Agreement.

 

These changes can be made by us immediately and without any notice to you other than by publication on our website.

(c) We may make material changes to any and all terms and conditions of this Agreement (including the Price List) by giving you 30 days’ notice by publication of the change on our website.

(d) If you do not accept any changes notified to you, you may terminate this Agreement or stop using our Services prior to the implementation of any such change.

(e) If you are not fully satisfied with any part of the Services or this Agreement after it is amended, you can terminate this Agreement or discontinue use of the services.

  1. YOUR PERSONAL INFORMATION

(a) We will use your personal information in accordance with this Agreement and our Privacy Policy. Our Privacy Policy provides details about the information that we collect about you and how we use the personal details we hold.

(b) By using our Services you are giving us your consent to use and disclose personal information that we collect about you for the purposes set out in our Privacy Policy.

(c) We may update our Privacy Policy from time to time. The Privacy Policy explains how we will do this. By continuing to use our Services after we have updated our Privacy Policy, you agree that the updated Privacy Policy applies to our collection, use and disclosure of your personal information.

(d) The periods for which we keep your information depend on the purpose for which your information was collected and the use to which it is put. We will not keep your personal information for longer than necessary for our business purposes or for legal requirements.

(e) We may use third parties to process your personal information in accordance with our instructions and the law.

  1. COMPLAINTS AND DISPUTE RESOLUTION

We will do our best to resolve your complaint as quickly as possible.

  1. GENERAL

(a) We can transfer our rights and obligations under this Agreement  at any time without notice to you.

(b) You may not transfer any of your rights and obligations under this Agreement without our prior written consent, which may be given at our absolute discretion.

(c) This Agreement is between you and us. The parties do not intend that that any term of this agreement should be enforceable by virtue

of the Contracts (Rights of Third Parties) Act 1999 or otherwise by any person who is  not a party to this Agreement. (d) The headings in this Agreement do not affect its interpretation.

(e) No failure or delay by us in exercising any right or remedy under this Agreement shall operate as a waiver of that right or remedy unless we agree in writing, nor shall any single or partial exercise of any right or remedy prevent us from any other or further exercise of that, or any other, right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

(f) Each part of this Agreement is severable from the balance of this Agreement and, if any part of this Agreement is illegal, void, invalid or unenforceable, then that will not affect the legality, effectiveness, validity or enforceability of the balance of this Agreement.

  1. GOVERNING LAW

This Agreement, and any contractual or non-contractual dispute arising in relation to this Agreement, is governed by and construed in accordance with the laws of England & Wales. The courts of England & Wales have exclusive jurisdiction in respect of any dispute arising out of the Agreement, unless we require a court order or injunction against you in another jurisdiction.