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.
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.
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.
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.
• 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
• 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.
• 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.