TERMS AND CONDITIONS
In every case, by submitting payment for a mobile number from us, you automatically agree without exception to be legally bound by these Terms and Conditions in their entirety regardless of whether or not you have read them in their entirety and/or regardless of whether or not you have intentionally acknowledged or signalled your acceptance of them.
SECTION A: GENERAL TERMS AND CONDITIONS OF SALE
AVAILABILITY OF A MOBILE NUMBER
- We reserve the right at all times to withdraw any mobile number from sale, either temporarily or indefinitely, or to refuse to sell any mobile number, for any reason whatsoever without any prior notice, explanation or liability to us. Our decision is final.
- All mobile numbers are offered for sale subject to availability. If the mobile number you purchased is subsequently found to be unavailable for any reason, we will offer you the choice of an alternative mobile number or a full refund of any money paid in accordance with Section 5 of these Terms and Conditions.
- Mobile numbers cannot be reserved and are offered for sale on a strictly first-come, first-served basis only (subject to availability).
- We only accept payment by either (i) Bank Transfer direct from your bank account to our bank account or (ii) cash paid into our bank account “over-the-counter” at any UK branch of National Westminster Bank. We reserve the right to decide the method of payment you must make when submitting payment to us for a mobile number, and you will be advised accordingly when presented with our banking details.
- Payment must be received into our bank account within three banking days of the date you were provided with our bank details. If payment has not been received within that period we may, at our sole discretion, cancel any purchase and/or offer any number for resale without any prior notification or liability to us.
- You, or any parties that you represent, take sole responsibility for all losses incurred if a payment fails to reach our bank account for whatever reason. We will accept no liability whatsoever where any funds, money or payment has been sent to our bank account but does not reach our bank account. In particular, all cash payments made to us are at your own risk and you will be liable and responsible for any and all losses incurred.
- You agree to pay any and all associated charges or costs that may be levied by any bank, building society or any other third party entity for providing you with any payment service.
- No mobile number or PAC shall be released to you without full payment first being received by us. All mobile numbers remain our property until such times.
- All prices quoted by us are quoted in British Pounds (£) Sterling. We do not accept any other currency.
- We reserve the right to amend, change or vary the prices of any of our mobile numbers at our sole discretion without prior notification or explanation.
TRANSFER OF POSSESSION
- Possession of all mobile numbers is transferred from us to you using a PAC (Porting Authority Code) which is issued by the appropriate mobile network the mobile number is connected with at that time. At all times we reserve the right to decide the method we will use to provide you with any PAC, including but not limited to: email, letter, text message or verbally by telephone.
- It is your sole responsibility to pass any PAC that we give to you to your Service Provider as soon as is reasonably possible after receiving it from us, and in every case before the quoted expiry date of the PAC we have provided to you. Failure to do this may result in you losing the mobile number that you purchased with no liability to us.
- If you fail to use the PAC we supplied to you before the quoted expiry date and you require a replacement PAC, we may charge you an administration fee of £50.00 for providing you with a replacement PAC. In this event we will require you to pay this administration charge prior to the issuing of a new PAC, and payment is to be made to us in full accordance with Section 2 of this agreement. This charge may be levied subsequently without limit for the issuing of any further replacement PACs.
- We will not accept any liability or responsibility for any PAC issued to you that is subsequently used without your permission.
- We do not release or send SIM cards to clients.
CANCELLATIONS AND REFUNDS
- These Terms and Conditions comply with the Consumer Contracts Regulations 2014. As performance of our service begins, with your payment being made, there can be no cooling-off period and no right to cancel (under section H paragraph 6).
- It is of the utmost importance that you are happy with your choice of mobile number specified at the time of purchase, as we shall not consider any requests for cancellations under any circumstances, regardless of the reason, once your payment has been received by us.
- We check and test all mobile numbers prior to release to a client. After the porting of your mobile number completes and it is connected to your own SIM card, we shall cease to consider or offer any refund after this time. Any subsequent faults, issues or problems that may arise with your mobile number will then be the sole responsibility of the Service Provider your mobile number is connected with.
- If you are entitled to a refund, any such refund will be paid to you by any method of payment of our choice. This may not be using the original method of payment. Our decision is final in respect of all cancellations or refunds and you acknowledge this, and automatically agree to abide by this statement of fact, when you submit payment to purchase any mobile number from us.
OUR RIGHT TO CANCEL
- We fully reserve the right to cancel any contract of sale between us and you at any time and without notice, reason or explanation and with no liability to us or you.
- If we decide to cancel any agreement between us and you, we will contact you in the first instance in writing informing you of our decision to cancel. Our decision will be final.
- Any monies paid to us shall be refunded in accordance with our refund terms applicable in Section 5 of these Terms and Conditions.
- You should be aware that you are purchasing from us the use of a specific mobile number. The use of such mobile number can be subject to cancellation by a Service Provider or other third party entity without prior notice and we cannot accept any liability or responsibility for any subsequent termination of a mobile number and do not warrant that your use of any mobile number purchased from us shall be uninterrupted.
- We shall not be held liable or responsible for any faults, issues or problems whatsoever that may arise after you have taken possession of your mobile number, including but not limited to, breaks in service, mobile number incompatibility, network incompatibility, restrictions of service, failure of own mobile number sending/caller ID, and/or any other faults or problems that may arise whatsoever with your mobile number.
- All network services are network dependant and we shall not be held responsible or liable to you in any way for any network services or features whatsoever being incompatible with any mobile number purchased from us and/or otherwise unavailable for any reason whatsoever.
- We shall be deemed to have fulfilled all our obligations to you in respect of any mobile number purchased from us as soon as the mobile number has been successfully connected onto your SIM card by your Service Provider. At that point of mobile number connection to your own SIM card any subsequent faults, issues or problems that may arise in whatever shape or form, or for whatever reason, shall not be our responsibility and we shall accept no liability or responsibility under any circumstances. Any and all faults, issues or problems that may arise with your mobile number must thereafter be directed to the appropriate Service Provider the mobile number is connected with.
- As it is the sole decision of every Service Provider to permit or refuse the porting or transferring of a mobile number onto their network, we do not make any guarantee that use of any mobile number sold by us will be permitted for use on any specific mobile network. It is therefore your responsibility to check with your preferred Service Provider that they will accept the mobile number you want to purchase from us before you actually purchase the mobile number. We will not be held liable or responsible for any instances where a Service Provider refuses your request to port or transfer any mobile number to them.
- It is your responsibility to make suitable provision for the safety and security of your mobile number from the moment it is connected to your own SIM card. From that point thereafter you or your Service Provider are responsible for ensuring that your mobile number remains safe, secure and free from fraud or theft.
- We shall not be held liable in any way whatsoever for any subsequent theft, attempted or actual, of any mobile number purchased from us after that mobile number has been connected and/or transferred to your SIM card.
- By agreeing to abide by these Terms and Conditions you fully understand your responsibility to ensure that your mobile number is secure at all times and furthermore, that you have legally waived any and/or all rights to take any action against us whatsoever should a mobile number purchased from us be taken from your possession without your express consent.
SECTION B: GENERAL PROVISIONS
LIMITATION OF LIABILITY
- You expressly understand and agree that our site is provided on an “as is and as available” basis only and to the fullest extent legally possible we hereby exclude all warranties, conditions and other terms implied by statute or common law.
- We specifically make no guarantees or warranties that our site, or any mobile numbers or services found on it, or any content or information, will be provided on an error-free, secure, timely or uninterrupted basis or that such services or the results derived therefrom will always meet your expectations or requirements.
- Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
Subject to Clauses 1.1 and 1.3:-
- Our total liability to you or to any third party whether in contract, delict (including negligence), misrepresentation or otherwise, arising as a direct consequence of your (or any third party’s) use of the mobile number will be limited to the price of the mobile number; and
- We shall not be liable for any indirect or consequential loss or damage (including loss of profit, loss of business or otherwise), costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of, or in connection with, your use of any mobile number.
GOVERNING LAW/JURISDICTIONAL ISSUES
- Our site and its contents are administered, controlled and operated by Metallic Numbers Limited and/or its authorised third party representatives all of whom are based within the United Kingdom. We make no guarantee or warranty that our site is appropriate or available for use anywhere outwith the United Kingdom.
- Should you visit or access our site from outwith the United Kingdom, you are solely responsible for any relevant compliance with any other country’s applicable 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 in their entirety be construed, governed and/or interpreted in accordance with Scottish law and the Scottish Courts shall have exclusive jurisdiction to resolve any disputes that may arise between us and you.
- Each party hereby agrees to fully submit to the exclusive jurisdiction of the Courts of Scotland and to fully waive any objections based upon location or venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions under any circumstances.
ALTERATIONS TO TERMS AND CONDITIONS
- We reserve the right, wholly at our sole discretion, to add, change, modify or remove the whole of, or sections of, these Terms and Conditions at any time. It is your responsibility to check from time to time to ascertain if any changes have been made.
- The continued use of our site by you after any alterations or amendments have been made, signify to us that you have read and accepted any such changes. All changes will be effective when notice is posted to our site, so please check these Terms and Conditions regularly.
- If any of the alterations or changes are unacceptable to you, you must immediately discontinue use of our site and any of the services found on it.
- The rights under these Terms and Conditions are personal to you as an individual or representing a third party body or organisation and they may not be assigned to any other third parties under any circumstances.
- These Terms and Conditions constitute the entire Contract between Metallic Numbers Limited and you pertaining to the purchase of any mobile numbers, the use of our site and its content and supersedes any prior agreements between you and us with respect to the subject matter hereof.
- Our failure or hesitation 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 Law and of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein.
- As the Mobile Telecommunications Network Numbering System is administered and regulated by Ofcom (the UK Communications Regulator) we will not be held liable in any way for any subsequent changes made to any mobile numbers in terms of appearance or functionality. This may include, but is not limited to, additional digits or numerals attached to any part of a mobile number you may purchase from us.
- We disclaim any liability or responsibility to you for any malicious or nuisance phone calls and/or messages that you may receive with any mobile number that you have purchased from us. We strongly suggest any malicious, nuisance or otherwise unwanted phone calls, messages and/or communications are reported immediately by you to the appropriate authorities for investigation.
- In purchasing a mobile number from us you agree to let us share your personal information with any relevant third parties, on an as required basis, for the purposes of fraud and crime prevention.
- In contacting us by whatever methods available to you, you agree to, at all times, treat any member of our staff, employees and/or any of our business associates and/or affiliates with courtesy and respect.
- We shall not tolerate rude or offensive language or behaviour from you or any of your representatives, regardless of circumstance, and shall fully reserve the right at all times to terminate any contact with you, including but not limited to, phone calls, emails or letters, should we have what we deem to be grounds or justification to do so.
- The terms “Metallic Number”, “Metallic Numbers”, “metallicnumbers.com” and the SIM card device logo are all ® Registered Trademarks of Metallic Numbers Limited and cannot be used without prior permission. The term “metallicnumbers.co.uk” is a trademark of Metallic Numbers Limited and cannot be used without prior permission.
These Terms and Conditions © Copyright 2014 Metallic Numbers Limited. All Rights Reserved.