Terms & Conditions

THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING 'Unique SIMs' WEBSITE.

Terms and conditions of website use.

Introduction

Welcome to the Internet site of Unique SIMs. By accessing, browsing and/or using this internet site (“Site”), you agree, without limitation or qualification, to be bound by these terms and conditions and any additional or alternative conditions, terms, policies and rules which are displayed or to which you may be directed in connection with our website, all as may be modified by us from time to time in our sole discretion (collectively the "Terms and Conditions"). If you do not agree with these Terms and Conditions, you may not access, browse and/or use our Site and must navigate away from it now.

Terminology

'Us', 'We', 'Our' refers to Unique SIMs.

User conduct

In consideration of the availability, and your use, of our website, you agree to comply with all applicable laws and these Terms and Conditions when using our website. You acknowledge that we might investigate any violations of the law and may also cooperate with any law enforcement authorities with regard to prosecuting users. Also, you must agree:

Not to post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Site in a manner which is contrary to the law or would serve to restrict or prohibit any other user from using or enjoying the website or the Internet.

Not to post, transmit, link to, or otherwise distribute any materials, information, or content (including for greater certainty, software) which contains a Trojan horse, worms, viruses, cancel bots or any other damaging or disruptive component.

Unique SIMs™ reserves the right to refuse to post material on the Site or to remove material already posted on the Site. You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

Any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;

• Any claim by any third party that the use of the Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
• Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you.

Intellectual property

All the material, content and information (collectively "Content") available on this Site, including the manner in which such Content is presented are: Copyright 2005 Unique SIMs™, its affiliates and/or licensors. All rights are reserved. Such Content is protected by English and worldwide copyright laws and treaty provisions.

Unique SIMs ™, grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices.

Availability of site

Although uniqueims.com aims to offer you the best service possible, uniqueims.com makes no promise that the Site will meet your requirements. uniqueims.com cannot guarantee that the Site will be fault free. If a fault occurs in the Site you should report it to Customer Services. We reserve the right to withdraw our mobile numbers from sale at anytime.

Changes of site

We reserve the right, at our discretion, to modify, change, add, or remove portions of these Terms and Conditions at any time. Please check periodically for any changes. Your continued use of our Site following the posting of any changes to these Terms and Conditions will mean that you accept those changes.

Website liability

The Site is provided by Unique SIMs™ without any warranties or guarantees. You must bear the risks associated with the use of the Internet.

In particular, we disclaim all liabilities in connection with the following:

Incompatibility of the Site with any of your equipment, software or telecommunications links

• Technical problems including errors or interruptions of the Site
• Unsuitability, unreliability or inaccuracy of the Site
• Inadequacy of the Site to meet your requirements

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site.

Third party websites

As a convenience to Unique SIMs™ customers, the Site includes links to other web sites or material, which are beyond its control. Unique SIMs™ is not responsible for content on the Internet or World Wide Web or any other site outside the Site. You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Site, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Unique SIMs™ can assume no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Furthermore, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that we will not be held responsible or liable in any way for any losses or damages of any kind incurred as a result of, or in connection with, any such dealings or transactions.

Advertising and sponsorship

Part of the Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material

Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

Purchasing your chosen mobile number

Availability of products

Items shown on the Site will be in stock unless we tell you otherwise but occasionally we may be unable to supply a particular mobile number.

Prices of products

The prices payable for a mobile number are set out on the website and lists the prices payable for that order. Every effort is made to ensure that prices shown on the Site are correct. In the unlikely event that an error is made in the price shown on the Site, we will not be liable to supply the mobile number to you at the stated price, provided that we notify you before we dispatch the SIM Card concerned. In those circumstances, we will not dispatch the SIM Card but will notify the correct price to you so you can decide whether or not you wish to order the mobile number at that price.

Payment for products

Debit/Credit card

We accept all major debit/credit cards as means of payment via Sage pay payment gateway, you will be prompted at the final stage of the checkout process with secure code provided by the banks as an additional level of security for the customer.

PayPal Account

You can pay via a designated PayPal Account. We will not be responsible if any error(s) arise with their service. Please refer to PayPal’s terms and conditions at www.paypal.com.

Postal orders

We also accept postal orders.

Note all mobile numbers remain the property of Unique SIMs™ until full payment has been received and cleared.

Refunds

We do offer a full/partial refund (s) on products brought from our website provided the product is returned in its original condition prior to dispatch: new factory sealed, within 7 days of receipt. If security registration details have been altered we are unable to offer a refund. We do not offer a refund for any PAC (port authorisation code) purchases.

Unique SIMs™ reserves the right to change the price of a mobile number and method of payment upon notice to you. Notice includes the posting of any changes on the relevant pages of this Site related to payment provisions.

By purchasing a mobile number, you warrant that:

• you are of the age of majority in the jurisdiction in which you reside,
• all information you submit is true and correct, and
• you are the cardholder of the credit/debit card; you have a confirmed PayPal account.

Delivery

When you purchase your chosen mobile number, we will deliver a SIM Card to the address specified by you on the completed order form.

Please note that we can only deliver SIM Cards within England, Scotland and Wales. Your order will be delivered by Royal Mail first class recorded, up to the value of £34.00 standard insurance, or, Royal Mail special delivery if over the value of £34.00, both of which you will have to sign for. If you are unavailable when they call, a card will be left and you can pick up your product (s) at your local postal depot within 21 days. We do our best to secure delivery within 30 days of the date of your order. Unique SIMs™ shall not be liable for loss occasioned by delay in delivery arising out of any cause beyond our control. For orders placed before 4pm we aim to deliver your order the next day (except for weekends and bank holidays). In all cases we aim to deliver within 3 to 7 working days. Ownership of the SIM Card will not pass to you until such time as we have received payment of the purchase price in full. Risk of damage to or loss of the SIM Card shall pass to you at the time of delivery of the SIM Card.

Wrong or missing items

Please check your order and dispatch note carefully. You must contact us on 08450 00 00 77 within 48 hours of receipt of your order if you have received any incorrect items or anything is missing from your order.

Activation & Security of your chosen mobile number

The SIM Card will be connected to one of the main mobile phone networks. The mobile number will in most cases be "preactive" in order to activate your new mobile number please ensure the relevant network terms of use policy is adhered to, for pay as you go customers a chargeable call is required atleast once every 3 months to keep the line active. The SIM Card will come registered to yourself (the customer) depending on the network that the particular mobile number is issued from, in the event a network does not offer a registration requirement, a password option will be available instead, we will supply the password and all associated security information with your SIM card in the post, we recommend changing this to something of your choice. For contract customers supplying the provided PAC to your chosen network service provider a transfer will complete within 24 hours of providing, the number will then be associated to your existing contract and registration details.

Canceling your order

You may cancel your order with us for a mobile number at any time up to the end of the seventh working day from the date you receive the SIM Card. You do not need to give us any reason for canceling your contract nor will you have to pay any penalty.

To cancel your order you must notify us in writing, at our contact address. If you have received the SIM Card before you cancel your order then you must send the SIM Card back to our contact address at your own cost and risk. If you cancel your order but we have already processed the SIM Card for delivery you must not unpack the SIM Card when it is received by you and you must send the SIM Card back to us at our contact address at your own cost and risk as soon as possible.

Once you have notified us that you are canceling your order, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation PROVIDED THAT the SIM Card in question is returned by you and received by us in the condition it was delivered to you. If you do not return the SIM Card delivered to you or do not pay the cost of delivery, we shall be entitled to deduct the direct costs of recovering the SIM Card from the amount to be re-credited to you.

Right for us to cancel your order

We reserve the right to cancel the order between us if:

• We do not have the mobile number you have ordered.
• One or more of the mobile numbers you have ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we do cancel your order 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

If the SIM Card delivered to you is damaged or defective, 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 SIM Card in question.

If you do not receive the SIM Card 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 SIM Card. If you notify a problem to us under this condition, our obligation will be at our option to make good any non-delivery, 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.

Save as precluded by law and the above clause we, including our licensors and affiliates, will not be liable to you for any direct, indirect or consequential loss, incidental special or exemplary damages or expenses (including loss of profits, savings, business or goodwill) however arising out of any action or default of any third party over which we have no control, nor will we be liable to refund to you the amount paid by you for the mobile phone number in question.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase a mobile number from our Site. We make no representation and accept no liability in respect of the export or import of the mobile number you purchase.

General Provisions relating to use of the website and sale of mobile numbers

Notices clause

Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our postal address at Unique SIMs™ 100 Lutyens Drive, Paignton, Devon, TQ3 3LU and all notices from us to you will be displayed on this website from time to time.

Arbitration and actions

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of our Site or your purchase of a mobile number or the relationship which results from these Terms and Conditions, 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 only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in the United Kingdom and governed by English law as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the mobile communications field in the United Kingdom and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Governing law/jurisdictional issues

The Site and Content is controlled, operated and administered by U Mobile Ltd from its offices within the United Kingdom. We make no representation or warranty that the Site is appropriate or available for use at any locations outside the United Kingdom. Should you access our Site from outside the United Kingdom, you are responsible for compliance with the particular country’s laws. You may not export any of the Content accessible through our Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed in accordance with English law and the English Courts shall have jurisdiction to resolve any disputes between us.

OFCOM

Unique SIMs™ is regulated by the Office of Communications (Ofcom) or their replacement from time to time. For more information on Ofcom please visit www.ofcom.org.uk.

DISCLAIMER

Its the customers responsibility to ensure a chargeable call is made from the issuing network prepay SIM card as per the networks terms of use policy in order to keep the line active, we advise to check directly with the network terms to which the prepay SIM card relates.

If transferring from prepay to prepay that of a different network from the issuing, it is the customers responsibility to complete such transfer, the service we provide is to offer the mobile number issued from the associated network on a prepay SIM card with a PAC (if required) provided as part of the service, in the event the customer wishes to move networks, a prepay SIM card of the chosen network is also supplied.

If transferring from prepay to contract that of a different network from the issuing, it is the customers responsibility to complete such transfer, the service we provide is to offer the mobile number issued from the associated network on a prepay SIM card, with a PAC (if required) provided as part of the service, in the event the customer wishes to move networks, providing the supplied PAC to the chosen network provider.

When porting to another network the networks porting terms must be adhered to, please refer to the networks porting terms for detailed information.

We do not accept responsibility for any point of sale marketing completed by the customer, we advise setting up the number whether prepay or postpay on the chosen network service provider prior to any POS being created.

Miscellaneous

The rights under these Terms and Conditions are personal to you, and you may not assign them to anyone. These Terms and Conditions constitute the entire Contract between Unique SIMs™ and you pertaining to your use of our Site, Content and purchasing of mobile numbers and supersede any prior agreements between you and Unique SIMs™ with respect to the subject matter hereof. Our failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. Unique SIMs™ reserves the right to amend our Terms and Conditions at anytime without displaying them on our Site.

Contact details

The Uniquesims.com site is owned and operated by Unique SIMs™ office is based at 100 Lutyens Drive, Paignton, Devon, TQ3 3LU

If you have any queries please contact Customer Services on:

Tel: 08450 00 00 77