IMPORTANT: EACH TERM SHOULD BE READ CAREFULLY. THESE TERMS STRICTLY LIMIT OR DEFINE THE PARTIES' LEGAL OBLIGATIONS.
TERMINOLOGY:
"Site" - means NumbersDirect.com internet site
"Us"; "We"; "Our" means Numbers Direct, our licensors or affiliates
By using our website, placing an order for mobile numbers or landline numbers and/or registering as a member of our website you confirm your agreement without limitation or qualification to our terms and conditions, including the Privacy Policy, as set out below. You also agree to be bound by any additional or alternative terms/policies displayed on or directed in connection with our website. At our sole discretion our terms may be modified by us. If you do not agree with these terms you may not access and/or use this Site.
Conditions
An order for goods placed by you, the buyer through our websites shall be subject to these terms and conditions. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. Nothing in these terms and conditions shall affect the statutory rights of any consumer. We aim to offer you the best service available but do not promise that the Site will meet your requirements or will be fault free. Any faults should be reported to Customer Services. We reserve the right to withdraw our mobile numbers and landline numbers from sale at anytime.
Orders
All orders for mobile numbers shall be deemed to be an offer by you, the buyer, to purchase SIM Cards pursuant to these terms and conditions. You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly. No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until we confirm acceptance of the your order by e-mail (where applicable) or by telephone. We are entitled to refuse any order placed by you and will not be required to provide an explanation.
Advertising and Sponsorship
Our Site may contain advertising and sponsorship by third parties who are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws. We will not be responsible for any error or inaccuracy in advertising material.
Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
Availability of Mobile and Landline Numbers
All mobile phone numbers and landline numbers shown on the Site are in stock unless we advise you otherwise. We may on occasions be unable to supply a particular mobile number or landline number.
Price
The price of the SIM Card will be the price quoted on the website at the date the order is received. Every effort is made to ensure the prices are correct on the Site. If an error does occur, we will not be liable to supply the mobile number to you at the stated price provided we notify you before we dispatch the SIM Card concerned. We will in these circumstances notify you of the correct price for you to decide whether to proceed with the order. We will not dispatch the SIM Card until we have your instructions. We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of the goods to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture) In the unlikely event of there being such an increase in the price of the SIM Card, you shall be entitled to cancel the order at any time before delivery
Payment
We accept payment by the following methods: Master, Visa Credit Card, Switch or Delta debit Card or American Express Card via PayPal. We also accept payment by Direct Bank Transfer - details will be provided upon request. When we provide any SIM Card (s) to you, under these terms and conditions, payment will be charged to the credit card account provided by you on the website order form. By placing an order, you consent to payment being charged to your credit card account as provided on the order form. We accept payment by cheque. Title to the mobile number will pass to you, on payment in full cleared funds of the price of the SIM Card. (s). We do not authorise any refunds for any purposes. All SIM Cards are sold on a strict sale only basis.
We reserve the right to change the price of a mobile number or landline number and method of payment by serving notice to you. This notice includes posting of any changes on the Site.
By purchasing a SIM Card, you warrant that: You are at majority age in your residence jurisdiction; All information provided by you is true and correct; You are the cardholder of the credit /debit card.
Reservation
A mobile number may be reserved for 3 working days subject to a payment of 40% non refundable deposit to us. After 3 working days the mobile number will be re-offered for sale unless we receive the balance of the purchase price.
Delivery The SIM Card will be delivered to you, the buyer, at the address provided by you on the order form. The risk in the SIM Card shall pass to you upon such delivery taking place. Ownership of the SIM Card will not pass to you until we have received payment of the purchase price in full. Your order will be delivered by Royal Mail. If you are unavailable when Royal Mail delivers, a card will be left giving details of where to pick up the SIM Card. Any dates quoted for delivery of the SIM Card are approximate only and we shall not be liable for any delay in delivery of the SIM Card however caused. You should note that we are only able to deliver to locations within the United Kingdom at present. Please check your order carefully. You must contact Customer Services within 48 hours of receipt of your order if you have received any incorrect or missing items from your order.
Your Warranty
You, the buyer, warrant that all details provided on the order form for the purpose of purchasing the SIM Card (s) are correct, that the credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the SIM Card (s).
Activating your Mobile Number
The SIM Card will usually work upon receipt. SIM Cards priced at £150 and below will require activation by topping up. Full instructions are provided in the package. It will be connected to one of the main mobile phone networks. The SIM Card will come registered to you or Us depending on the particular network it is registered to. If registered to Us, the details can be changed using the username and password we supply. To transfer ownership please refer to the Site or the booklet provided with you SIM Card for full details. Where necessary we do reserve the right to keep the SIM Card registered in our name for a minimum duration.
Right for you to cancel your Contract
We offer a strict no refund policy.
We do not hold any responsibility for your network provider not accepting the PAC code. Further information should be requested form your network provider/proposed network provider for anything regarding porting prior to purchasing a number.
Cancellation by us
We reserve the right to cancel the contract between us if:
We do not have the mobile number you ordered;
One or more of the mobile numbers you have ordered, due to an error in the pricing information or a typographical error was listed at an incorrect price;
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
Liability:
i. Site Liability
The Site is provided without any warranties or guarantees. All risks associated with the use of the Internet must be bore by you. We disclaim all liability for: the incompatibility of the Site with any equipment or software; technical problems; unreliability, inaccuracy or unsuitability of the site.
ii. Product Liability
If the SIM Card we deliver is damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 5 working days of the delivery of the goods in question.
If you do not receive the SIM Card ordered by you within 30 days of the date on which you ordered it, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option.
to make good any shortage or non-delivery;
to replace or repair a SIM Card that is damaged or defective; or
to refund to you the amount paid by you for the mobile number in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the SIM Card in question.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase mobile numbers from our site. The importation or exportation of mobile numbers you purchase may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the mobile numbers you purchase.
Limitation of Liability
We shall have no liability to you for any failure to deliver SIM Cards you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident. If we are prevented from carrying out is obligations in the above circumstances, it will notify you in writing. If we are still prevented from carrying out its obligations 3 weeks from the dated such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform
Intellectual Property
The copyright in the material/content and information contained in this website and any trademarks and brands included in that material including the manner of presentation belongs to Mobile Numbers Direct™ or its licensors/and or affiliates. All rights are reserved. English and worldwide copyright laws and treaty provisions protect such material/content and information. You may download or copy the content and other down-loadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited.
Website
We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavors to correct errors and omissions as quickly as practicable after becoming aware or being notified of these We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability
Notices Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Mobile Numbers Direct, PO BOX 907, West Yorkshire, BD1 9AP and all notices from us to you will be displayed on our website from to time.
Third party rights Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
Third Party Websites
The Site may contain links to other websites which are beyond our control. We are not responsible for content on any other site other than our Site. You acknowledge that any dealings with third parties found through our Site are solely as between you and the third parties. We do not take responsibility whatsoever for any charges you incur for making any purchase or transactions of any nature.
Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
Entire Agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the use of our Site and the supply and of the SIM Card(s) to you by us. The terms supersede any prior agreement which may be in existence between you and us. We may not enforce strict performance of any right or provisions of these Terms and Conditions. This does not constitute a waiver of any term or provision. The Terms are personal to you and may not be assigned to anyone. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
Arbitration
Any claim or dispute arising out of these terms, your use of the site or purchase of a mobile number including without limitation the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if one of the parties declares that there is a difference ("claim") will be referred and settled by a private and confidential binding arbitration (to the exclusion of the courts). To be held in the United Kingdom before a single arbitrator and governed by English Law as amended or replaced from time to time. The arbitrator shall be an independent party who is legally trained and has experience of mobile communications. Any claim is to be arbitrated on an individual basis and shall not be consolidated into any arbitration with any claim or dispute of any other party. You agree to waive any right you may to commence in any class action against us relating to any Claim and you also agree to opt out of any class proceedings against us (if applicable.)We reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
User Conduct
You agree to comply with all applicable laws and the Terms when using the Site. We may investigate any violation of the law and may cooperate with any law enforcement authorities when prosecuting users. You also agree not to do any act which would constitute a criminal offence or give rise to civil liability or to use the Site in a manner which is contrary to the law or would restrict or prohibit any other user from using or accessing the Site. You also agree not to post transmit or link any materials or contents which are damaging or contain disruptive components and include but are not limited to worms, viruses, cancel bots and Trojan Horses.
We reserve the right to remove material already posted on the Site or to post material on the Site. You will indemnify us against all losses, liabilities , costs and expenses incurred by us, all damages awarded against us under a court judgment and any settlements in connection with : any claim made by a third party that the use of the Ste by you is offensive, defamatory, obscene , pornographic, illegal or constitutes a breach of an applicable law regulation or code, infringes the third party's copyright or other intellectual property rights and any fines or penalties imposed by any advertising or trading body in connection with the use of the Site by you.
General
We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website. The continued use of our Site by you following any changes means that you have accepted these changes. Please check at regular intervals for changes. We reserve the right to amend our Terms and Conditions at anytime without displaying them on our Site. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts. Mobile Numbers Direct is regulated by the Office of Communications (Ofcom) or their replacement from time to time. For more information on Ofcom go to www.ofcom.org.uk The headings in this Agreement are for convenience only and will not affect their interpretation
General Disclaimer
Mobile Numbers Direct™ is providing this site on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, we makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Mobile Numbers Direct™ howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Neither Mobile Numbers Direct™ nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Mobile Numbers Direct™ liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
Queries and Complaints
We aim to respond to e-mail, faxed and written queries within 24 hrs. Our Customer Services can answer your telephone queries Monday to Friday between 8.00am and 5.00pm on 07701 222 333.
In respect of complaints, we will consider the nature of the complaint and will contact you within 21 days of the complaint giving you the result of the enquiries and what we propose should be done.
Contact Details
The NumbersDirect.com site is owned and operated by Numbers Direct™
If you have any queries please contact Customer Services at 07701 222 333