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Fonome terms and conditions of purchase

These Terms and Conditions shall exclusively govern your rights and obligations with regard to the delivery and use of the Goods and Services supplied by us. You shall be deemed to have accepted them when you receive your SIM Card and activate it. They may be varied from time to time, as updated and published on this website. By continuing to use our services you shall be further deemed to have accepted any published variations at the date(s) of purchase and usage of any SIM Card or Top-up Services.

Where you purchase a SIM Card or Top-up Vouchers through a participating retailer, these Terms and Conditions shall apply to your contract with them.

Where you purchase a SIM Card or Top-up Vouchers through a participating agent, that agent shall be deemed to be our agent but only for the purposes of the sale of such SIM Card or Top-up Voucher (and shall have no authority to vary these Terms or Conditions or otherwise) and these Terms and Conditions shall apply to the resulting Off-Premises Contract with us.

  1. INTERPRETATION
    1. The following words in these Terms and Conditions shall mean:

      Acceptable Use Policy: policy governing the use of the Products and Services by you whether required by Fonome or the telecommunications operator of any Network that facilitates access to the Services.

      Account: the account activated by you with us which enables us to supply Goods and Services to you and maintain a running record of the amount of usable airtime which you have in credit at any point.

      Agreement: these Terms and Conditions, user information accompanying the SIM Card, the Charges List, Fonome Privacy Policy, Cookies Policy, and Customer Care Code, all of which are published on this website (and which may vary from time to time) and any published special offers relating to our Services.

      Charges: the tariffs in respect of use of each of the Services including any applicable connection fees and special offers, the current levels of which are published on this website.

      Content: the textual, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Services including all information supplied by content providers from time to time.

      Goods: the SIM Card and Top-Up Voucher and any other products offered by us, including promotional products.

      Network: the telecommunications networks used by us.

      Off-Premises Contract: the same definition as afforded the expression by the Consumer Contract (Information, Cancellation, and Additional Charges) Regulations 2013

      Personal Data: the personal information that we generate, collect, use, process and store about you while providing Services, including but not limited to your name, address, date of birth, mobile telephone number, call data records including traffic data and location data, top-up records, credit card or debit card details, billing records, voice mail recordings, copies of e-mails including your e-mail address, and records of customer services enquiries made by you.

      Privacy Policy: how we generate, collect, use, process and store your Personal Data which is published on this website.

      Services: mobile telecommunication services which shall include the making and receiving of voice calls, the sending and receiving of text messages, the initiation and operation of data sessions, voicemail, calling line identification presentation (CLIP), calling line identification restriction (CLIR), Top-Up Services, Overseas Services, dialling service codes and our customer care services.

      SIM Card: subscriber identification module which, being a smart card that stores data and enables you to access Services through authorisation onto mobile telephone networks when it is inserted in a compatible GSM mobile telephone.

      Top up Services: the Services which may be accessed by you by adding air time credit to your Account through the purchase of Top-up Vouchers or by using the online top up facility available on our website.

      Top Up Voucher: A purchased voucher (whether in physical or electronic form) of stated monetary value containing a unique code which, upon registration to your Account, allows you to access Services to the value stated.

      Overseas Services: the Services which you use when situated outside the UK.

  2. USE OF SIM CARDS/ ACCOUNT ACTIVATION
    1. SIM Cards remain our exclusive property. We will only replace a SIM Card for reasons of defective manufacture. We are under a legal duty to provide supply goods and/or services to you which conform to the Terms and Conditions of this Agreement with you for the supply of those goods and/or services as set out in the Supply of Goods and Services Act 1982. You must immediately inform us of any loss, damage or theft to your SIM Card, or any fraudulent or improper use of your SIM Card. We may, and shall be entitled to charge you for a replacement SIM Card where we reasonably believes that you are responsible for the loss or damage of your original SIM Card or where someone has stolen your SIM Card.
    2. SIM Cards are used by inserting it into a compatible GSM mobile telephone. You will only have access to, and be able to use, Services, after you have activated your Account by inserting your SIM card in a compatible mobile device in accordance with the user instructions accompanying the SIM Card.
    3. You agree that once you have activated your SIM card and start using Services or Top-Up Services you lose any right to cancel this Agreement under the Consumer Contract (Information, Cancellation, and Additional Charges) Regulations 2013.
    4. If you do not access Services or obtain Top-Up Services, for a period of ninety (90) days from the date you activated your SIM Card or your last use of Services (whichever is later), we will give you notice by SMS text that your SIM Card will be deactivated thirty (30) days from the date of such notice unless you use Services or purchase Top-up Services within that period.
    5. Associated with your GSM mobile is the PIN code (personal identification number) and the PUK code (personal unlocking key). The PIN and PUK codes must be kept confidential. You will be liable for any fraudulent or improper use of your SIM Card or Account that results from the intentional or accidental disclosure of your PIN or PUK code or the transfer of your SIM Card to another person.
  3. PROVISION OF SERVICES/ ADDING CREDIT TO YOUR ACCOUNT
    1. We shall do our best to ensure that reliable Services are readily available to you when you need them. The use of mobile telecommunications is dependent upon the strength of radio and signal frequencies which can be affected by your location or factors such as geographic or atmospheric conditions. Services can also be affected by the quality of the GSM mobile that you have. Use of Services may also be impeded by congestion on the Network due to the number of calls or messages or the amount of data being sent and received by users. On occasion, a Network may be temporarily unavailable for reasons of maintenance, modifications, upgrades, emergencies or to protect the security of the Network.
    2. Overseas Services are offered subject to contracts and service levels agreed between other national and international telecommunications operators, and we have no control over the contracts or service quality levels agreed between them.
    3. Accordingly we do not warrant or guarantee that Services will be uninterrupted or error free (in terms of Network availability, quality or coverage) in all locations at all times, or that the Services will be suitable for your specific requirements, or that the Services will be completely secure against unauthorised interception.
    4. While we shall endeavour to keep disruption to Services to a minimum, we shall not be liable to you for any loss, damage or inconvenience incurred by you as a result of any disruption to the Services for the reasons described in 3.1 and 3.2.
    5. The Services which we provide are pre-paid services, which means that your Account has to be in credit to access and use them. When you use Services the Charges for their use are deducted from your Account. No bill, invoice or account statement is issued. You can check your current Account balance by dialling 101 from your mobile device. Interest is not payable on any credit balance in your Account.
    6. You may add credit to your Account at any time after you have registered and activated it by obtaining Top-up Services (which shall expire 24 months from the date of purchase and top-up activation) after the registration and activation of your SIM. You will need to use the services regularly in order to guarantee the SIM is not blocked due to lack of activity as described above in 2.4.
    7. You can obtain Top-up Services by purchasing Top-up Vouchers from participating retail outlets or our authorised agents. Top-up Vouchers are available in denominations of £5.00, £10.00 and £20.00. Activation is simple: carefully scratching the grey area on the back of your Top up Voucher so that you don’t scratch the numbers underneath it (the Voucher Code). Type the Voucher Code on the dial pad of the mobile in which the SIM is inserted and press the dial button. You will receive a Text message for confirmation of the credit that has been added to your account.
    8. Alternatively, you can obtain Top-up Services through the online facility accessible on our website by registering your mobile number and credit or debit card details.
    9. Where you use on-line Top-up Services you agree to accept a copy of these Terms and Conditions and the Cancellation Form in another durable medium by download by you from our website, and for us to confirm confirmation of your purchase by SMS Text message.
    10. From time to time, we will be introducing more methods of topping up online that will appear on our website.
    11. Where your SIM Card is deactivated under 2.4 you shall lose any remaining credit balance on your Account without right of refund, and you will no longer be able to access Services. We shall have the right to reallocate your telephone number to another user. You are not entitled to receive any cash refund for any credit balance remaining in your Account at any time, including where you fail to use the Services and your SIM Card has been deactivated or where this Agreement has been terminated.
    12. If your SIM Card is disconnected and you wish your SIM Card to be reconnected to the Network, you must contact us. If we agree to reconnect you, you may have to pay us a reconnection fee unless the disconnection was due to our negligence. Details of current reconnection fees are available upon request.
  4. ACCEPTABLE USE POLICY
    1. You agree not to use the Goods or the Services, and not to permit another person to use either:

      • fraudulently or in connection with any criminal offence;

      • for the purpose of making an unsopcited communication or storing and/ or communicating any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax, or which is a breach of privacy, an infringement of copyright, or is otherwise unlawful;

      • to knowingly and depberately cause annoyance, inconvenience or needless anxiety to another person;

      • to make any offensive, abusive, indecent, defamatory, obscene or menacing call to any person;

      • to transmit a virus or other mapcious software, use the Services in a manner that impairs the operation or security of the Network or may cause death, personal injury or damage to property;

      • in conjunction with equipment that is not approved for use with the Network, including, but not pmited to, SIM-boxes and SIM-gateways; or

      • to support calls to call forwarding services, onward calpng services or calls to telephone numbers which pay a revenue share or resell to others or commercially exploit our Services;

      • breach of any provision or requirement of the laws of England & Wales; or

      • otherwise than in accordance with this Agreement

    2. If we reasonably suspect that you have failed to comply with any of the provisions of 4.1, or we determine that the Personal Data that you provide under 5.1 is false, we shall have the right to suspend, partially or fully, your access to Services and/or terminate this Agreement without prior notice and with immediate effect.
    3. Where this Agreement is terminated under 4.2 your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number will be reallocated to another user, and you will not be able to access or use Services, and you will not be entitled to a refund in respect of any credit balance on your Account at the time of such deactivation.
  5. PROTECTION OF PERSONAL DATA
    1. Upon activation of a SIM Card, the purchase of a Top-Up Voucher or the use of the Top-Up Services, you may be required to register Personal Data with us.
    2. We will only generate, collect, use, process and store Personal Data in accordance with all applicable laws and regulations, as amended from time to time.
    3. By activating your SIM Card, you consent to us collecting, processing and sharing Personal Data provided by you or generated in the course of supplying Services to you, including details of voice calls, messages or data that you have sent ("Traffic Data") and the geographic position of your GSM mobile telephone ("Location Data") for the purpose of:

      • supplying the Products and Services to you;

      • the administration of your Account;

      • providing you with service information;

      • the prevention or detection of fraud;

      • market research and profiling your usage and purchase preferences, and

      • complying with applicable laws and regulations.

    4. We will, subject to applicable laws and regulations, provide you with a copy of your Personal Data upon your written request. We may charge a nominal administration fee for providing you with a copy of your Personal Data. It is your responsibility to notify us of any changes to any Personal Data provided by you to us. You may also request that any incorrect information is corrected. Where permitted by the applicable laws and regulations, we will delete Personal Data upon your written request.
    5. We, and associated companies, may contact you by post, telephone, e-mail or SMS to let you know about products and services offered by us, other group companies or selected third parties, including any special offers and promotions, which may be of interest to you. If you do not wish to receive this information or be contacted in this way, you may at any time, free of any charge, opt out of this direct marketing by requesting to be put on a designated list. You may make this request by contacting us or by sending an e-mail to customercare@fonome.com
  6. PROTECTION OF PERSONAL DATA
    1. We do not accept liability for the provision and delivery of Goods and Services or the performance of our obligations hereunder other than as expressly stated in this Agreement, and our liability shall, where so expressly stated, be limited to £500 per claim.
    2. Specifically we do not accept responsible for damage or loss or inconvenience incurred by you and that results from the content of any voice call, message or data sent or received by you.
    3. We shall further and specifically not be liable for the failure of any retail outlet or agent to properly activate your SIM Card or Top-Up Voucher or process any payment you made. In these cases, you should contact the retail outlet where, or the agent from whom you obtained your SIM Card or purchased your Top-Up Voucher and request a refund.
    4. Your mobile phone may be locked to another network. Unlocking your handset may invalidate your handset's warranty and/or permanently damage the handset or the data stored on it, and does not excuse you from any contractual obligations you may have with the original network owner. Failure to enter the correct unlocking code may result in your mobile phone becoming permanently blocked. We are not responsible for mobile phones blocked in this way.
    5. We shall not be liable for any event which is force majeure; that is, if we cannot supply Services as a result of any reason which is outside our control including but not limited to an Act of God, natural disaster, industrial action, war (whether declared or undeclared), civil unrest or acts of terrorism, acts of government or local authority or regulatory body, or any act or decision made by a court or tribunal of competent jurisdiction.
    6. Nothing in this Agreement shall exclude or limit liability for death or personal injury caused negligence, liability arising under the Consumer Protection Act 1987 or the consequence of wilful misconduct, fraud, gross negligence or any other liability which cannot be excluded or limited by applicable law.
    7. Subject to Clause 6.6, we have no liability to you:

      • other than to exercise the reasonable care and skill of a competent mobile telecommunications provider or retailer; or at all

      • for indirect loss, such as loss of profit, loss of business, costs, expenses (unless such losses were reasonably foreseeable to both of us when this contract was entered into), or any other form of economic loss. Nor shall we be liable to you for any loss of income, business or profits (whether direct or indirect and including loss of revenue) or for any loss of data in connection with your use of the Service; or

      • for the deletion, loss or corruption of any Content transmitted or maintained by the Network, unless caused by our negligence.

    8. You must notify us in writing of any prospective claim as soon as possible and in any event within eight (8) weeks after the discovery by you of the claim. Unreported damage, loss or inconvenience shall not be compensated. This eight (8) week period will not apply if you are using the Services as an individual consumer (and not in combination or furtherance of any trade, profession or business) and you could not have been reasonably expected to notify us within this period.
    9. In the event that your SIM Card is lost or stolen, or you believe that your SIM Card is being used in a fraudulent or improper manner by another person, you must promptly notify us. We will then be able to block the use of your SIM Card. Until you notify us, you will be liable for all Charges relating to the use of the SIM Card, regardless of whether the Charges were incurred by you or someone else.
  7. VARIATION OF TERMS
    1. Please check our website regularly for any changes to these Terms and Conditions. We may also notify you of changes by email, post, or by text message or by other reasonable means. We may also place a recorded message on your mobile.
    2. We reserve the right to change these Terms and Conditions for legal or regulatory reasons. We may also need to change these terms and conditions as a result of changes in the contracts which we have with our Network or for other technical or commercial reasons, such as changes to our Goods and Services. We may also change our Charges or introduce new Charges. Changes to Charges will be reflected in tariffs published on our website. If you do not accept a change which is notified to you then you can cancel this Agreement or cease using the Services or topping-up your Account. If you use the Services or top-up your Account after we make any change, then you are deemed to have accepted the change.
  8. CANCELLATION PERIOD
    1. Where you are a private individual who uses Services other than in connection with the pursuit of any trade, business, craft or profession, and you obtain Top-up Services online you have a tight to cancel this Agreement in relation to the purchase of those Top-up Services under the Consumer Contract (Information, Cancellation, and Additional Charges) Regulations 2013 within 14 days of the purchase of such services (the "Cancellation Period").
    2. Exercise of the right of cancellation can be exercised by using the statutory notice to be found on our website (the "Cancellation Form") (and which we will have sent to you in durable medium), although you need not use this notice to cancel. However you chose to cancel, it is for you to substantiate that you exercised your right of cancellation within the statutory period by communicating to us your wish to cancel.
    3. Where you access Services using, in part or in whole, credit added to your Account balance through Top-up Services online, during the Cancellation Period, then such usage shall constitute an express request to commence use of such credit balance within the Cancellation Period and, where such credit has been utilised in its entirety, you will lose the right of cancellation, and where such credit has been used in part, we shall have the right to charge and deduct from your Account the value of the Services used by you as a proportion of the amount credited to your account through Top-up Services online. Any credit balance will be transmitted to you within 14 days of notice of cancellation by the same means with which you affected payment.
    4. You acknowledge by continuing to use our Services that you have hereby received notice of the loss or diminution of your right to cancel in the above-stated circumstances.
  9. MISCELLANEOUS PROVISIONS
    1. This Agreement represents the entire agreement between us and you in relation to the Goods and Services. It takes precedence over all prior agreements (written and oral), and all representations or other communications between us and you. Retail outlets and supplying agents are not authorised by us to amend this Agreement or to agree any terms which are inconsistent with these Terms and Conditions.
    2. No term or condition of this Agreement is enforceable by any third party (a person who is not a party to this Agreement) under the Contracts (Rights of Third Parties) Act, 1999 other than as stated herein.
    3. Failure or delay by us or you to enforce any right under this Agreement shall not prevent us or you (as the case may be) from taking further action other than as expressly stated herein.
    4. If any term or condition of this Agreement is determined to be partially or wholly void or unenforceable by any court or body of competent jurisdiction or as a result of any legislation, it shall be void and unenforceable only to that extent. The validity and enforceability of the other terms and conditions shall not be affected.
    5. If any term or condition of this Agreement is determined to be partially or wholly void or unenforceable by any court or body of competent jurisdiction or as a result of any legislation, it shall be void and unenforceable only to that extent. The validity and enforceability of the other terms and conditions shall not be affected.
    6. We may assign all of its rights and obligations under this Agreement to a third party. You are entitled to assign all of your rights and obligations under this Agreement to a third party with our written consent.
    7. This Agreement is governed by English law and the English courts will have exclusive jurisdiction over any dispute under it.