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Terms and conditions.


Introduction

The supplier of your airtime, other services and your SIM Card is Talk Mobile Limited, 1 Portal Way, London W3 6RS, registered in England and Wales under Company number 04154716 ("Talkmobile"). You are entering into an agreement with Talkmobile for the supply of these services on the terms and conditions of this Agreement.

Some sections of these terms are printed in bold to draw your attention to them. If these conditions are too small for you to read comfortably please call Customer Services on 0870 071 5888 and we will send you a larger print version. Calls to this number are free when calling from a Talkmobile line for Post Pay customers whereas Pay As You Go customers will be charged no more than 50 pence per minute. Charges for calls made from other providers may vary. Please note that all calls to our Customer Services representatives may be recorded for quality monitoring and training purposes.



Network terms and conditions


1. Definitions and important notes

1.1. YOUR RIGHT TO CANCEL ORDERS MADE AT A DISTANCE

1.1.1. Subject to the provisions of this Clause 1.1, if you are a consumer customer (as defined in the Consumer Protection (Distance Selling) Regulations 2000) who has entered into this Agreement via distance means such as via the online shop or over the telephone, you may cancel this Agreement at any time up to 14 days after the later of entering into this Agreement or receiving this Agreement as long as you give us notice in writing of such cancellation. This Clause 1.1.1 does not apply to a customer who purchases the Services (as defined under Clause 1.2 below) for business purposes. This paragraph does not affect your statutory rights.

1.1.2. For details on how to cancel this Agreement, please call our Customer Services team on 0870 071 5888. Alternatively, you can simply email us on www.talkmobile.co.uk/contactus or write to us at Talkmobile, P.O. Box 347, Unit 19, Southampton, SO30 2PZ.

1.1.3. By cancelling this Agreement, you agree that your SIM Card will be connected to the Network or your Upgrade will be effected and the Services will start and any pre-pay airtime (top-ups) purchased or included with your SIM purchase will be credited and that you will not be able to cancel such services or airtime after they have started or been credited.

1.2. In this Agreement

"Additional Services" means optional services which you may choose to take from us, including but not limited to, roaming and international services, premium rate services, directory enquiry services, Content and third party services "Agreement" means these terms and conditions (together with such other terms as may be notified to you from time to time) and your current Tariff;

"Artificially Inflated Traffic" means any situation where the flow of calls to any particular revenue share service and/or GSM Gateway is, as a result of any activity on or on behalf of the party operating that revenue share service or GSM Gateway, disproportionate to the flow of calls which would be expected from good faith commercial practice and usage of the Network; "Best Buy Group" means Best Buy Europe Distributions Limited, together with its subsidiary and holding companies and any subsidiaries of such holding companies whether direct or indirect from time to time, including Best Buy Co. Inc. and its affiliates and subsidiary companies from time to time;

"Charges" means all the charges associated with the Services and Additional Services described in the Tariff and, further in our List of Charges including but not limited to any connection fee (a once only payment if applicable), monthly (or other periodic) line rental charge, call, SMS, MMS, browsing, GPRS and data charges and any other charges in respect of the Services provided to you or someone else using your Mobile Device;

"Content" means 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;

"Equipment" means equipment including, without limitation, your Mobile Device (including any Upgrade) and accessories (but not including your SIM Card), datacard, USB modem and other GSM/UMTS equipment provided to or used by you in conjunction with the Services;

"Fair Use Policy" means our fair use policy, if any, available on our Website and as updated from time to time;

"GPRS" means the General Packet Radio Service provided by us, which forms part of the Services;

"GSM Gateway" means a single point of access to a GSM network capable of using multiple SIM Cards;

"List of Charges" means the list detailing all our Charges (including call Charges) which is available on our Website or by contacting 0870 071 5888;

"Minimum Period" means any minimum period for the Services (where applicable in relation to your specific Tariff), which starts from the day on which the Services are first provided or from the day on which your Upgrade is effective (as applicable);

"MMS" means Multimedia Messaging Service;

"Mobile Device" means a cellular telephone or other device used by you to receive or use the Services;

"Mobile Hotspots" are portable devices or features on smartphones that provide wireless Internet access for multiple devices at the same time (for example a laptop, smartphone, MP3 player, tablet, portable gaming device, etc.).

"Network" means the public switched telephone network and/or a wireless telegraphy telephony link by means of a cellular radio system used by us to provide the Services;

"Order" means any order that you submit to us verbally or in writing for any of the Services;

"PAC Code" a unique identifier used by some mobile network operators to facilitate mobile number portability (MNP).

"Pay As You Go" means a tariff where you have to Top-Up to use any Services or Additional Services;

"Payment Method" means the payment details that you provided in order to pay for the Services ;

"Personal Information" means the details provided by you to us or is otherwise generated through your dealings with us or use of the Services;

"Post Pay" means a tariff where you pay a monthly amount in advance for line rental and a bundle of Services and are charged monthly in arrears for out-of-bundle Services and Additional Services;

"Services" means all or part of a telephone service provided through the Network and includes any service or facility comprised in the Services including the ability to make and receive calls, to send and receive data by means of the Network, to send and receive e-mails via the Internet, to access information from the Internet, GPRS and any additional service or product including without limitation, insurance and specified land line or other home service supplied to you by us from time to time;

"SIM Card" means the Subscriber Identity Module card containing data (including your identity) used to receive the Services;

"SIM Only" means a Pay As You Go or Post Pay tariff in relation to which a Mobile Device will not be supplied when you agree to purchase the Services;

"SMS" means Short Messaging Service;

"Tariff" means the price plan to which you have signed up;

"UK" means the United Kingdom excluding Isle of Man and the Channel Islands;

"Top-Up" means the application of prepay mobile airtime credit to your account;

"Upgrade" means the issue of a new Mobile Device to you or a change in your Tariff on the condition that you enter into a minimum term contract with us on our then current terms and conditions;

"VAT" means value added tax chargeable under the Value Added Tax Act 1994 (or its successor Acts) and any similar replacement or additional tax;

"Website" means Talkmobile.co.uk and any additional websites linked from such website or such other website used by us to promote and support the Services;

"we", "us" and "our" means Talkmobile, the supplier of your airtime and such member (or members) of the Best Buy Group, each of 1 Portal Way, London W3 6RS as is, for the time being performing the obligations under this Agreement and/or where the context requires, acting as Talkmobile’s agent until further notice by Talkmobile; and

"you" and "your" means the customer with whom we make this Agreement and it includes a person who we reasonably believe is acting or using any Equipment with your authority or knowledge.

1.3. You must be over 18 years old to receive the Services for Post Pay Tariffs. You must be over 16 years old to receive the Services for Pay As You Go Tariffs.

1.4. You will not be permitted to port any existing mobile phone number to Talkmobile for use on the Network unless you have provided us with the PAC Ccode from your previous network operator. For our Post-Pay Tariffs, you must provide us with your PAC cCode as part of the order process prior to entering into this Agreement, whereas for our Pay As You Go Tariffs, you may provide us with your PAC code after entering into this Agreement.

1.5. The details on our Website or in our advertisements or contained in our marketing material are only invitations to treat. Your order for the Services may be subject to you passing any status, identity and credit checks required by us and acceptance by us of your application for the Services.

2. Duration

2.1. Where you have entered into a Minimum Period, this Agreement will continue for the Minimum Period and thereafter unless and until terminated by either party in accordance with Clause 8 below.

2.2. If you take an Upgrade you agree that a new Minimum Period will apply.

2.3. Where no Minimum Period applies, this Agreement will continue unless and until terminated by either party in accordance with Clause 8 below.

3. Provision of Services

3.1. The Services which we agree to provide to you may not be available in all parts of the United Kingdom. The Services which we agree to provide to you may not be available abroad unless you have international roaming and where you have roaming, it may not be available in all areas abroad. You may not be able to use the Services which we agree to provide to you to call all countries or all international numbers. Unless otherwise agreed, the Services do not include call divert or call waiting. We reserve the right to add to, substitute, or to discontinue any Additional Services at any time. We do not guarantee the continuing availability of any particular Additional Services. Not all mobile devices will be able to receive the Services.. If you buy a SIM Only tariff from us, your current device may be restricted to use on another network or ‘locked’ and you may need to obtain an unlocking code from your current service provider to be able to receive the Services. Failure to enter the correct unlocking code may result in your device becoming permanently blocked. We accept no responsibility for devices blocked in this way or for any costs incurred in the provision of an unlocking code.

3.2. For Post-Pay tariffs, when your SIM Card is connected to the Network, it will have been programmed so that you are barred from using overseas networks including making calls (including premium rate calls) and sending MMS or SMS messages from and data roaming whilst overseas. The ability to use such services is subject to credit status and depends on the arrangements which we have with foreign network operators. If you want to have your SIM Card unbarred, then you should call us on 0870 071 5888 or alternatively, you can simply email us on www.talkmobile.co.uk/contactus or write to us at Talkmobile, P.O. Box 347, Unit 19, Southampton, SO30 2PZ.

3.3. We may, pursuant to Clause 3.10, ask you to pay a deposit. If you use your SIM Card abroad, you will be charged for the calls that you receive as well as for those that you make. Charges incurred using your roaming service may take longer to be charged than normal Charges.

3.4. The Services are not fault free and they may be impaired by too many people trying to use the Network, geographical, topographical, atmospheric, or other conditions (including buildings, underpasses and other causes of interference) and/or circumstances beyond our reasonable control. Overseas networks may also be limited in quality and coverage. Access to overseas networks will depend upon the arrangements between the foreign operators and us.

3.5. We aim to connect your SIM Card to the Services within 28 days of accepting your order. If you place an order for an Additional Service or otherwise instruct us to change the Services (i.e. to bar calls) we will use reasonable endeavours to complete your order as soon as possible but there may be a delay in your order being completed. We will not be liable to you for any costs, expenses or claims arising directly or indirectly out of such delay.

3.6. In the interest of other users, the number and duration of messages that can be left on your voicemail service will be limited. Please note that your confidentiality of messages cannot be guaranteed. You must not record an abusive greeting message. You may not be able to use the voicemail service while abroad.

3.7. We may at any time require you to pay a deposit in respect of the provision of any Additional Services by us to you in accordance with Clause 3.10. Any such deposit will not guarantee your right to receive Additional Services.

3.8. The Services may be used by you to access or link into web sites, resources and/or networks worldwide. We accept no responsibility for the content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such web sites, resources and/or networks.

3.9. Where available, if you choose online billing, it is a condition of this Agreement that you provide us with a current email address for billing purposes and that you maintain this address and advise us promptly of any changes to it. It is your responsibility to verify that your mailbox is in proper working order and you must assume the risk of all consequences for errors in sending and receiving email, unless caused by our negligence.

3.10. Where we require you to pay a deposit in respect of the use or provision of any Services, such deposit will be reasonable, non-interest bearing, retained for a minimum period advised to you or until your final invoice has been paid following termination of this Agreement and Charges incurred by you may be offset against this deposit. If there is a remaining deposit after all charges are recovered, this will be refunded to you. At any time after the minimum period advised for holding your deposit, you may ask for a refund of your deposit but this may result in us restricting the use or provision of the Services or reducing your Credit Limit (defined below).

3.11. On connection of your SIM Card to the Network (or at any time later on), we may set a credit limit on the Charges you may incur during each calendar month (we call this a "Credit Limit"). We shall give you notice if a change is made by us to your Credit Limit. If you wish to vary your Credit Limit, you should contact Customer Service on 0870 071 5888. We may agree to vary the Credit Limit after making credit checks and we may, pursuant to Clause 3.10, ask you to pay a deposit. Once we have established that you have exceeded your Credit Limit (which may take some time particularly if using your roaming service), the Services will be suspended until payment of all Charges (including any reconnection charge) has been made and you will on attempting to make any call, be automatically diverted to our customer services to arrange such payment.

3.12. Please note that the Credit Limit does not act as a bar and you may be able to incur Charges which result in you exceeding your Credit Limit. If this happens, you will still be liable to pay for all Charges incurred in excess of your Credit Limit.

3.13. Upgrades are at the sole discretion of Talkmobile and will be subject to a Minimum Period duration unless we notify you otherwise.

4. Things we may have to do

4.1. Occasionally we may have to:

4.1.1. alter the mobile phone number or any other name, code or number or technical specification associated with the Services for reasons beyond our control such as where requested to do so by a governmental or regulatory body or where we reasonably believe that the alteration will enhance your use of the Services. If this is the case we will give you reasonable notice;

4.1.2. change your SIM Card;

4.1.3. give you instructions which we believe are necessary for reasons of health, safety or the quality of Services to you or any other customer;

4.1.4. temporarily suspend the Services (or any part of them) for operational reasons or in an emergency or for reasons of security; and

4.1.5. bar certain numbers from the Services on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer a direct loss.

4.2. From time to time we may have to migrate your account from one billing platform to another. In these circumstances we will notify you if migration of your account will affect the Services to your detriment in any way.

4.3. If we believe that we may be unable to continue to provide the Services on a particular network for any reason we may transfer the mobile phone number to another network. On transfer we will continue to make available to you the Services, or similar services.

4.4. Certain uses of the Services are prohibited and not included in your Tariff. Examples of prohibited uses include without limitation the following; illegal internet based streaming services, non Talkmobile voice or video services over the internet, peer-to-peer file sharing, redirecting television signals for viewing on mobile devices.

4.5. We reserve the right to monitor your usage, if we reasonably determine that your use is in breach of any applicable Fair Use Policy, we may do one or all of the following;

  • request you to moderate your use or
  • suspend your Service.

4.6 We reserve the right to implement or change any applicable Fair Use Policy to ensure that the use of Services are not excessive, to combat fraud and to ensure services can be enjoyed by all our customers.

5. Our Rights to Bar or Disconnect Your Mobile Device

5.1. We can at our discretion bar your SIM Card from making calls (other than to the emergency services), sending MMS and/or SMS messages and/or sending or receiving data and/or disconnect your SIM Card from the Network if:

5.1.1. any of the circumstances in Clauses 4.4, 4.5, 4.6, 7.4, 7.5, 7.6, 7.7, 7.8 or 8.1 apply to you;

5.1.2. in the event of loss or theft or if we have reasonable cause to suspect fraudulent use of a Payment Method, your SIM Card and/or Mobile Device; or

5.1.3. if you are persistently abusive or make threats or otherwise act illegally towards our staff or property, or that of our agents.

5.2. You must pay an unbarring charge, any outstanding Charges including those incurred under Clause 3.12 and, if applicable, a re-connection charge if the Services are temporarily barred and/or your Mobile Device and/or SIM Card is disconnected from the Network for the reasons stated in Clause 5.1.

5.3. If we bar your Services because you break this Agreement, the Agreement will still continue. You must pay all Charges due from you under this Agreement until the Agreement is ended by notice in accordance with Clause 8.

6. Charges

6.1. The Charges for the Services will be calculated in accordance with your Tariff and our List of Charges using the details we have recorded. The List of Charges may change from time to time.

6.2. For Pay As You Go tariffs, you must Top-Up your account and Charges will be deducted from your remaining account balance. Once your account balance reaches zero, you will barred from accessing the Services (which may include cutting you off during a call) and you not be able to access the Services unless you Top-Up your account.

6.3. We will provide Post Pay customers with regular bills via SMS detailing the total amount of Charges for each billing period. A full itemisation of the Charges incurred and usage can be accessed online via www.talkmobile.co.uk/myaccount. If you would prefer to receive your bill in a paper format (for which we may charge you in accordance with the List of Charges) please call us on 0870 071 5888 or text PAPER to 60131 and we will arrange this for you.

6.4. You must pay to us all the Charges arising under this Agreement whether incurred by you or anyone else using your Mobile Device and/or SIM Card (with or without your knowledge at the times and in the manner set out in this Agreement even when such Charges exceed any Credit Limit imposed upon your account.

6.5. Calls made by Post Pay customers in the UK to eligible UK numbers, are charged and inclusive allowances are deducted in one second increments rounded up to the nearest second. Calls made by customers on Smartplans and Tablet tariffs, calls lasting under 60 seconds are rounded up to one minute, Calls from inclusive allowances that last less than 60 seconds will use one minute of the minutes allowance. Calls over 60 seconds are charged to the nearest second.

6.6. Calls made by Pay As You Go customers are charged, and any inclusive allowances deducted in one minute increments and any part minute will be rounded up to the nearest whole minute.

6.7. For all customers, calls made in the UK to eligible international numbers are charged in one minute increments rounded up to the nearest minute.

6.8. If you are abroad and you are entitled to roam, you will be charged for the calls you make and receive by the minute and any part minute will be rounded up to the nearest whole minute. MMS or SMS messages made abroad may be charged other than in whole penny increments. Details of how inclusive allowances are used are set out in Clause 6.16.

6.9. UK Data usage made by Post Pay customers are charged, and any inclusive allowances are deducted, in one megabyte (MB) increments and any part MB will be rounded up to the nearest MB.

6.10. Unless otherwise stated, call prices are quoted by the minute and include VAT. Each call is charged excluding VAT and then rounded up to the nearest whole penny, each MMS or SMS is charged excluding VAT and then rounded up to the nearest tenth of a penny. VAT is then added where applicable and then rounded up to the nearest whole penny. An invoice including the rate of VAT charged and our VAT number can be provided upon written request for Post Pay customers (this may be chargeable).

6.11. Monthly Charges incurred for, and inclusive allowances in respect of, periods of less than one month will be calculated on a pro rata basis. Regardless of when the call is commenced, Charges will be applied according to your Tariff and our List of Charges for each chargeable period the call is active.

6.12. Where your Tariff includes inclusive allowances which apply to certain calls, MMS and SMS, data, browsing or messages ("Calls") up to a monthly limit, unused inclusive allowances may not be carried forward from one month to the next unless expressly stated by us. In this context "monthly" or "month" means your monthly billing period, which may not equate to a calendar month. Eligible Calls will be set against inclusive allowances in the order in which such Calls are made except for roaming Calls which, if specifically included in your inclusive allowance, will be set against inclusive allowances in the month in which the Calls are recorded by us following receipt of the relevant Call records from the foreign network operator or clearing house.

6.13. Calls to your voicemail and any of our customer service lines will be chargeable in accordance with the Tariff and may be deducted from any monthly allowances. When using call return (returning a call when directly within your voicemail service), you will be charged for both the voicemail call and the call return call throughout the duration of the returned call. Call return calls will be deducted from any inclusive allowance, where appropriate. The call return charge is calculated as the rate for that Tariff, as if you had hung up and dialled direct for the returned call, less the voicemail charge. The minimum call rate on call return is the same as the voicemail rate. For Post Pay Tariffs, calls to voicemail 121 are decremented from your inclusive allowance.

6.14. A standard text message contains up to 160 characters. Some Mobile Devices allow you to send messages of more than 160 characters, in which case the message will be divided into the number of messages required to convey the message and each such message will be charged at the standard text message rate. Standard text message prices exclude premium rate, international, roaming, reverse charged and long text messages. Only standard text messages are included in inclusive SMS allowances.

6.15. Using MMS you can send long text messages, picture messages and video messages. A long text message, picture message and video message is limited to a maximum size of 295kb. If a message contains multiple media items you will be charged for the most expensive item in the message, for example, send a message containing a picture and video clip you are charged the video message price.

6.16. Calls to our Customer Services number where you talk to a Customer Service Advisor will be charged on our Pay As You Go tariffs and the call will not form part of the inclusive allowance on any Tariff. Calls to eligible international numbers will be charged as an international call in accordance with the List of Charges. Inclusive allowances may not be used for Calls to certain countries and certain international numbers. More detailed information can be found in the List of Charges. Inclusive allowances can only be used whilst in the UK (for clarification this excludes Jersey, Guernsey and the Isle of Man) to UK mobiles and UK landline numbers starting 01/ 02/ 03 only and cannot be used for other numbers including but not limited to: non-geographic, non-standard or premium rate numbers starting 08/ 07/ 05, directory enquiries numbers or numbers which incur special or additional charges. Any Calls made whilst outside of the UK will be charged roaming rates in accordance with the List of Charges.

6.17. For Post Pay Tariffs, Charges are payable to us by direct debit on the dates notified to you following acceptance of your order. You must pay the Charges within 14 days of the date of any bill. You may use an alternative payment method to settle any Charges in the event that your direct debit fails.

6.18. If a direct debit or other Payment Method is dishonoured or cancelled, we shall be entitled to charge you as compensation for our losses an amount equal to the costs that we incur as a result of such dishonoured or cancelled direct debit or other Payment Method (which may include third party charges levied on us). We may consider accepting Payment Methods other than by direct debit but we will then charge you an administration fee each month.

6.19. For any overdue payments we may charge interest (both before and after any judgment) on the amount unpaid at the rate of 2% above the base lending rate of HSBC Bank Plc as published from time to time. Interest is charged on a per annum basis, calculated daily.

6.20. If we advise you of the amount due on your account from time to time this is an estimate based on the information we have received to date.

6.21. We may arrange for bills or invoices to be issued by a third party on our behalf. Bills or invoices issued by such third party shall be binding on you and payment of such bills or invoices in full to the third party where directed to do so will be a valid discharge of your liability to pay such bills or invoices under this Agreement.

6.22. If you change Tariff for any reason e.g. when Upgrading or moving to a promotional offer, any unused allowances will be lost.

6.23. If we provide you with a credit to your account (for example as a goodwill gesture), such credit will be deducted from your Charges until the credit has been used. These credits cannot be redeemed for cash and any unused credits are non-refundable upon disconnection of your Service or termination of this Agreement.

6.24. You will have to pay for SIM Cards or replacement SIM Cards at the price as stated in our List of Charges at that time.

6.25. Additional call, text and/or data charges may apply when used outside the UK.

7. Your Responsibilities

7.1. You agree to use your SIM Card and the Services in accordance with the terms of this Agreement and any User Guides or other instructions issued by us. You acknowledge that the SIM Card provided by us to you does not belong to you but remains our property and that you cannot sell your SIM Card, your number, code or any associated number or agree to transfer them (other than through porting it to another network in accordance with the standard porting process) to anyone else without our consent.

7.2. If the SIM Card is lost, stolen, damaged, destroyed or used in an unauthorised manner we may charge you the amount specified in the List of Charges for reconnection. You will be responsible for any Charges incurred as a result of unauthorised use of the Services and/or the SIM Card, or the information contained within your SIM Card, until you have notified us of the need to suspend the Services, e.g. as a result of your loss of your SIM Card. Suspension of the services for Pay As You Go tariffs will not be possible unless you have registered your account with us.

7.3. You agree:

7.3.1. to take adequate precautions to prevent loss or theft of your SIM Card;

7.3.2. to inform our customer services as soon as possible on 0870 071 5888 if your SIM Card is lost, stolen, damaged, destroyed or likely to be used in an unauthorised manner and to co-operate with us in our reasonable security and other checks.

7.4. You must not use the Services for any improper, immoral, obscene, defamatory, harmful, offensive or otherwise unlawful purpose. You must comply with any instructions we give you about the Services and, unless agreed otherwise, you must not reverse the charges on any telephone call or accept a reverse charged call.

7.5. You must not use or permit any other person to use and if you are a business customer ensure that your employees do not use the Services:

7.5.1. fraudulently or in connection with a criminal offence;

7.5.2. to send a call or message, send, upload, download, use or re-use any material which may reasonably be deemed racist, offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax (including to the operators who deal with enquiries concerning the Services), in breach of any intellectual property rights (including copyright) or confidence or privacy or is otherwise objectionable or unlawful;

7.5.3. to cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003 as amended or replaced from time to time; or

7.5.4. to generate Artificially Inflated Traffic.

7.6. You must not connect a GSM Gateway to the Network or otherwise establish, install or use a GSM Gateway in relation to the Network or the Services without our prior written consent, which may be withheld at our absolute discretion.

7.7. You agree that you are procuring the SIM Card provided by us to you and the Services solely for your own use and that you will not re-sell or otherwise act as any form of distributor in respect of the SIM Card or the Services.

7.8. [Your Talkmobile SIM card and tariff can only be used in the device you received/chose at point of purchase/connection to Talkmobile.] The SIM and tariff can only be used in conjunction with current commonly used device technologies and cannot necessarily be used with new technologies that emerge in the future. Your SIM Card and Tariff can only be used in a mobile phone or tablet device. Your SIM Card and/or Mobile Device cannot be used in conjunction with or as a modem, dongle or Mobile Hotspot device unless stated at point of sale. The use of the SIM Card and Tariff is for personal use only and cannot be used for commercial or business purposes.

7.9 You must tell us immediately if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Services or the Content and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.

8. Suspension and Termination of the Agreement

8.1. Either party may terminate this Agreement without notice to the other, without any liability, if that other (the "Defaulting Party"):

8.1.1. breaches this Agreement in a material way and does not put it right (where it is possible to do so) within a reasonable period of a request to do so; or

8.1.2. has bankruptcy or insolvency proceedings brought against it, or if an arrangement with creditors is made, or a receiver or administrator is appointed over any of that Defaulting Party’s assets, or that Defaulting Party’s go into liquidation.

8.2. For the avoidance of doubt, a material breach on your part shall include but not be limited to:

8.2.1. where we have reasonable cause to believe that the Services are being used (even if you do not know that the Services are being used in such a way) in a way contrary to Clauses 4.4, 4.5, 4.6, 7.4, 7.5, 7.6, 7.7 or 7.8;

8.2.2. you fail to pay the Charges when they are due including any deposit we have asked for – here you shall be obliged to put matters right within 7 days of our request for you to do so;

8.2.3. we have reasonable cause to suspect fraudulent use of your Payment Method (or those of any other person) has occurred to purchase the SIM Card and/or the Services;

8.2.4. we have reasonable cause to suspect that this Agreement has been entered into fraudulently or we are satisfied that fraudulent or improper use of your mobile phone number is taking place;

8.2.5. If you do anything (or allow anything to be done) which we reasonably think may damage or affect the operation of the Network such as for example creating a GSM Gateway, Artificially Inflated Traffic or similar.;

8.2.6 Talkmobile reserve the right to cancel your service at any time whilst providing on 30 days notice outside the minimum term of .your contract with us.

8.3. We may suspend the Services where your Credit Limit is exceeded.

8.4. We may also suspend or terminate the provision of the Services where this is strictly necessary

8.4.1. for reasons outside of our control; or

8.4.2. if any agreement, giving us access to any part of or the ability to provide the Services is suspended or terminated.

8.5. If we elect to suspend the Services rather than to terminate them as a result of your breach of the terms of this Agreement, we reserve the right not to provide them again until you confirm that you will use the Services only in accordance with the terms of this Agreement.

8.6. You must pay a re-connection charge of £10.00 if the Services are temporarily suspended for the reasons stated in Clauses 8.3 or 8.5 above.

8.7. You may also end this Agreement immediately by notifying us if:- 8.7.1. the Services are no longer available to you for a significant period of time (such a period not to be less than 7 days);

8.7.2. we change this Agreement to your significant disadvantage (in our reasonable opinion) in accordance with Clause 12.1 provided you give us a minimum of 14 days' notice by contacting us in accordance with Clause 8.11 and provided you notify us within 30 days of our telling you about the changes; or

8.7.3. we increase the Charges or vary the terms of this Agreement to your material disadvantage provided:

(i) you give us a minimum of 14 days’ notice by contacting us in accordance with Clause 8.11; and

(ii) you notify us within 30 days of our telling you about the changes. This does not apply where the increase or change relates solely to Additional Services in which case you may only cancel, or stop using, that Additional Service.

8.8. Your right to end this Agreement set out in Clause 8.7 does not apply if the increase to the Charges made under Clause 8.7.3 (calculated as a percentage) is no more than the increase in the Retail Prices Index Figure ("RPI", also calculated as a percentage) for the period from the month of the last increase (if any) to the month before we send you notice of the change.

8.9. If the Services are suspended, this Agreement will still continue. You must pay all Charges under Clause 6 during any period of suspension until the Agreement is ended including all monthly (or other periodic) charges for any Minimum Period which remains to run.

8.10. If this Agreement is ended:

8.10.1. your access to the Services will be disconnected;

8.10.2. you will no longer be entitled to use your mobile number unless you have ported this number to another network;

8.10.3. you must immediately pay all Charges outstanding at disconnection;

8.10.4. unless you have ended the Agreement in accordance with Clause 8.1 or Clause 8.7, you must immediately pay us by way of damages for loss of contract the monthly (or other periodic) charges for any remaining Minimum Period; and

8.10.5. we will repay any deposit you have given us less any unpaid sums that you owe us (if any). No interest will be payable.

8.11. If you wish to terminate this Agreement, please call our customer services on 0870 071 5888 and we will advise you of what you have to do. Alternatively, you may email us at www.talkmobile.co.uk/contactus or write to us at the address set out in Clause 14.11. In all instances, you must state your name, address, mobile phone number and account number.

8.12. For Pay As You Go customers: If no calls are made via your SIM Card during a 180 day period you will no longer be able to make calls and if no chargeable event has occurred through or via your SIM Card (such as making a call or sending an SMS) in a 270 day period then the SIM Card will be disconnected and your use of that phone number and SIM Card will be permanently lost to you.

9. Matters beyond our reasonable control

9.1. If either of us cannot do what we have promised in this Agreement because of something beyond our reasonable control such as, without limitation, lightning, flood, exceptionally severe weather, fire, explosion, terrorism, war, military operations, national or local emergency, civil disorder, industrial disputes (whether or not involving our employees), acts or omissions of persons for whom we are not responsible (including other telecommunication providers), or acts of local or central Government or other competent authorities, such party will not be liable for this.

10. Use and Disclosure of Information

10.1. We need to collect certain Personal Information to provide you with the Goods and/or Services. This Personal Information will form part of a record of your dealings with us.

10.2. When you contact us, we may ask for certain Personal Information to be able to check your identity and we may make a note of this. We will keep Personal Information given to us by you or others during your relationship with us and other companies in the Best Buy Group. This includes:

10.2.1. details you give us on order forms or during communications with you; and

10.2.2. details we receive from credit reference and fraud detection agencies.

10.3. You agree that we may use and update your Personal Information:

10.3.1. for credit and credit related services and to manage your accounts;

10.3.2. when applicable in relation to the Goods and/or Services ordered, to make credit, fraud and identity checks on you (i) prior to accepting your order; and (ii) subsequently for the purpose of risk assessment, debt collection and fraud prevention whilst you retain a financial obligation to us;

10.3.3. to provide you with goods and/or services that you have ordered;

10.3.4. to trace and recover debts;

10.3.5. to prevent and detect fraud, crime and money laundering;

10.3.6. to update our records about you; and

10.3.7. to check your identity.

10.4. If you give us false or inaccurate information or we identify fraud, we may record this.

10.5. Any credit checks that we undertake will be recorded by the credit reference agencies in the form of a search ‘footprint’ on you credit file. This ‘footprint’ may then be seen by other people conducting similar searches of your credit file.

10.6. We may use and disclose information about you and how you run your accounts to credit reference, law enforcement and fraud prevention agencies. For example, if you do not pay any sums owed to us when due, details of this failure may be passed on to credit reference agencies who will record this information against your credit file. Such records may remain on file with credit agencies for 6 years after your account is closed, whether settled by you or not.

10.7. Credit Agencies may pass the Personal Information that they received from us to other organisations in the performance of credit and/or fraud checks. Your Personal Information together with any additional information held by credit reference agencies and fraud prevention agencies may also be used to trace your whereabouts and recover debts that you owe.

10.8. Information held about you by credit reference agencies may be linked to records of people who are financially linked to you. We and other organisations may use credit reference agency and fraud prevention agency records that we receive about you, and people financially linked to you to help make decisions about you and them.

10.9. You agree that we may use your Personal Information for operating a publicly accessible directory service.

10.10. We may use your Personal Information for research and statistical analysis, to develop and improve our products and services.

10.11. When assessing an application, we may use automated decision-making systems.

10.12. Your Personal Information is confidential and, although we may freely disclose it to other companies within the Best Buy Group, we will only disclose it outside the Best Buy Group when:

10.12.1. you give us your consent;

10.12.2. it is needed by certain reputable third parties involved in running accounts and/or providing services for us (for example, credit reference agencies or companies that we use in the provision of the Services);

10.12.3. it is needed in order to obtain professional advice;

10.12.4. it is needed to investigate or prevent crime (e.g. to fraud prevention agencies);

10.12.5. the law permits or requires it, or any regulatory or governmental body requires it, even without your consent; 10.12.6. you purchase a television from the Best Buy Group, in which case your Personal Information will be provided to TV Licensing to comply with our legal obligation under the Wireless Telegraphy Act 1967 (as amended);or

10.12.7. there is a duty to the public to reveal the Personal Information.

10.13. We may administer your account and provide services from countries outside Europe that may not have the same data protection laws as the UK. However, we will have contracts or other legal mechanisms in place to ensure your Personal Information is adequately protected, and we remain bound by our obligations under the Data Protection Act even when your Personal Information is processed outside Europe.

10.14. We may monitor, record, store and use any telephone, email or other electronic communications with you for training purposes, to check any instructions given to us and to improve the quality of our customer service.

10.15. Where we process sensitive Personal Information, we will employ appropriate security measures.

10.16. If you would like us to tell you what information we hold about you, or if you wish to have details of the credit reference or the fraud prevention agencies from whom we obtain and with whom we record information about you can simply email us on www.talkmobile.co.uk/contactus or write to us at Talkmobile, P.O. Box 347, Unit 19, Southampton, SO30 2PZ.

10.17. We may charge a £10.00 administration fee – Please include your full name, address and a copy ID with each request.

10.18. You will have the opportunity to consent to us contacting you by e-mail, phone, SMS or MMS from time to time occasionally about products and services which the Best Buy Group and carefully selected third parties believe may be of interest to you.

10.19. You can make changes to your marketing preferences and/or correct or update any inaccurate or incomplete information at any time by calling us on 087 071 5888 or alternatively, you can write to us at us c/o Talkmobile, P.O. Box 347, Unit 19, Southampton, SO30 2PZ. Please note that it may take up to 28 days for such changes to take effect.

10.20. We may pass your information to the Mobile Equipment National Database ("MEND") and the Stolen Equipment National Database ("SEND") (organisations operated by Recipero Limited, a company registered in England and Wales under Company No. 3794898 and with its registered office at Lawrence House, Lower Bristol Road, Bath BA2 9ET) to enable MEND or SEND to contact you in the event that you lose your Mobile Device or it is stolen from you. Please contact us on 0870 0870 168 if you do not want your information to be passed to MEND and/or SEND. PLEASE NOTE: Once you have been registered with MEND and SEND, it is your responsibility to ensure that you notify any change of mobile device to MEND and SEND to ensure that there is no interruption of their service to you.

10.21. If you give us information about another person, you confirm they have given you permission to provide it to us and for us to be able to process their personal information. You must also confirm that you have told them who we are and the basis on which we will use their information.

11. Internet Access

11.1. If you have a Mobile Device, which enables access to the Internet ("Mobile Internet Device") the following terms and conditions also apply to you.

11.2. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to your Mobile Internet Device and the information stored on your Mobile Internet Device. These programs may perform actions that you have not authorised, possibly without your knowledge.

11.3. We or our contractual partners may provide links to other web sites or resources. We neither accept responsibility for third party websites or resources nor endorse their Content. Your dealings with, and interest in, promotions, services, or merchants found by using your Mobile Internet Device are solely between you and the person with whom you are dealing. You are solely responsible for evaluating the accuracy and completeness of any of the Content and the value and integrity of goods and services offered by third parties over the Services. We will not be a party to or in any way responsible for any transaction concerning third party goods and services or for any losses or damages that may arise from any such dealings with third parties except in the case of negligence on our part.

11.4. For Internet access, you understand that all the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using the Services ("Information") whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Information originated. This means that you, and not us, are entirely responsible for all Information that you upload, email or otherwise transmit via Internet access.

11.5. We will use reasonable endeavours to maintain the Content but it may be incomplete, out of date or inaccurate and is provided on an ‘as is’ basis. It is a condition of us allowing you access to the Content that you accept that we will not be liable for any action you take in reliance on the Content. We may vary the Content or the technical specification of the Services from time to time.

11.6. The Services enable access to the Content. You may only use the Content in a way that does not infringe the rights of others ("Approved Use") and you must comply with all other instructions issued by us regarding use of Content. You shall not store, modify, transmit, distribute, broadcast, or publish any part of Content other than for an Approved Use. The re-selling, copying or incorporation into any other work of part or all of the Content in any form is prohibited save that you may print or download extracts of the Content for your personal use only.

11.7. For all tariffs, when your Services are connected, your internet access provided through the Services will have been programmed so that you are barred from accessing Content that we deem to be ‘adult’. The ability to use such adult services is subject to status and credit checks and us being satisfied that you are over 18 years of age. If you want to have your Services unbarred, then you should call us on 0870 071 5888 or email us on www.talkmobile.co.uk/contactus. We may ask you to make a payment by credit or debit card or pursuant to Clause 3.10 ask you to pay a deposit.

11.8. Access to secure financial transactions will be dependant on the make and model of your Mobile Internet Device and the third party supplier of Content.

12. Changing the Agreement

12.1. We can change the conditions of this Agreement including any Charges at any time.

12.2. We will give you notice of any changes either by writing to you or sending you an SMS, in addition to which we will publish them on our Website.

12.3. If the changes are to your material disadvantage, you may end this Agreement in accordance with Clause 8.7. The changes will not affect an Agreement ended in this way. Your continued use of the Services after having been notified of these changes, this will signify your acceptance of these changes and you will be deemed bound by them.

13. General

13.1. You may not transfer this Agreement to anyone else unless we have agreed in writing beforehand and we shall not unreasonably withhold such agreement.

13.2. If you or us break this Agreement and the other chooses to overlook it, this will not prevent the other from taking further action if you or us break this Agreement again. Further, if you breach this Agreement in a manner that allows us to terminate the Services but we elect just to suspend them instead, we can still end this Agreement if you breach it again.

13.3. When you use your SIM Card, the identity of your mobile phone number may be sent through the networks so as to be identified to the phone being called. It may be used to divert calls to us for administration and for the investigation of fraud. You may be charged for any diversion. The identity of your mobile phone number will always be sent if calling 999, 911 or 112.

13.4. If the facility to eliminate the presentation of the number of an incoming call is made available, we may charge you for the use of such a facility at the price as stated in our List of Charges from time to time where we consider your use of such facility to be unreasonable. If you do not want your number displayed on receiving handsets key 141 before the number you wish to call. Otherwise you agree that our Network may allow the display of your mobile phone number on receiving handsets.

13.5. For your own protection, you must keep confidential the electronic serial number of your Mobile Device, any lock code(s) associated with your Mobile Device, your voice mail access number, and any other personal identification password or security number. When choosing a password, you must not use words that are obscene or likely to cause offence.

13.6. We make every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control and if you are connected to an analogue network, there is no protection for your communications over the air interface. If you are connected to the digital network, your communications over the air interface with our systems are encrypted providing a greater level of protection, but even this cannot be guaranteed. Please also read carefully the instructions provided with your Mobile Device. Depending upon the manufacturer and model, your Mobile Device may send information stored on it and receive information to and from certain third parties without your knowledge.

13.7. You must tell us promptly in writing if you change your name and address or there are any changes to your bank account or payment card arrangements that may affect your payment of the Charges.

13.8. These conditions also apply if you lend or give your Mobile Device to someone else.

14. Notices

14.1. You may send us notices under or in connection with this Agreement:

14.1.1. by post to Talkmobile, P.O. Box 347, Unit 19, Southampton, SO30 2PZ;

14.1.2. by e-mail sent to us at www.talkmobile.co.uk/contactus; or

14.1.3. by completing the Contact Us form on our Website.

14.2. Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should be retained by you.

14.3. We may send notices to you under or in connection with this Agreement:

14.3.1. by posting them to the address of which you have informed us;

14.3.2. by SMS, which shall be sent to your mobile phone number, or

14.3.3. by e-mail to the email address of which you have informed us.

14.4. Notices sent by post will be deemed to have arrived at their destination within 3 working days after posting and notices delivered by hand or given by SMS or e-mail shall be deemed to have been delivered the day after the day the notice is sent

15. Limitation of Liability

15.1. We will not be liable under this Agreement for any loss or damage caused by circumstances where:

15.1.1. there is no breach of a legal duty of care owed to you by us;

15.1.2. such loss or damage is not a reasonably foreseeable result of any such breach; or

15.1.3. such loss or damage results from the breach by you of any term of this Agreement.

15.2. Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.

15.3. Nothing in this Agreement shall:

15.3.1. exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or

15.3.2. limit your rights as a consumer under applicable UK law.

15.4. All Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.

15.5. Each provision of this Clause 15 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after the Agreement has been terminated or cancelled.

16. Assignment

16.1. We can transfer the benefit and you agree that we can transfer the obligations under this Agreement to any third party (including, without limitation, any member of the Best Buy Group).

17. Third Parties

17.1. Other than as provided for under Clause 16.1 above, nobody but you and us can benefit from this Agreement under the Contracts (Rights of Third Parties) Act 1999.

18. Handling Complaints

18.1. If you ever wish to complain about the Services, we will endeavour to handle such complaints fairly, efficiently and confidentially. You can complain in the following way:

18.1.1. in writing addressed to: Talkmobile, P.O. Box 347, Unit 19, Southampton, SO30 2PZ; or

18.1.2. view our Website at www.talkmobile.co.uk

18.2. If you are not happy with the way that we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.

19. Call Monitoring

19.1. Monitoring or recording of your calls may take place for our legitimate business purposes, to prevent unauthorised use of our telecommunications systems and Network to ensure effective systems operation and in order to prevent or detect crime.

21 July 2011

Returns and Exchange


6.1 How do I cancel, return or exchange my order?

If you are unhappy with your purchase you can return it within 14 days. However, we are unable to accept any return or request for a return or replacement after 14 days from your date of purchase should you be unhappy with your choice of purchase.

Please read the information below and follow the instructions depending on where you purchased your mobile from.

6.1.1 Purchased from a store...

You should return your mobile to your point of sale with your proof of purchase.

6.1.2 Purchased via telesales or online...

Please ring our returns team and they shall advise you on what to do next on 0844 873 0333. Please have the following information ready when you call:

  • Order number
  • Full name
  • Full address

6.2 Our Consumer Returns & Repairs Policy

We want to sell you the product that meets your needs, and to achieve this we think we offer a great range of products. But we do know things can go wrong. So, unless stated otherwise this is our policy for those rare occasions when they do.

6.3 Phone Policy

6.3.1 14 day change your mind policy

We always try to make sure the phone you choose is right for you. But if you decide it’s not quite right and it’s within 14 days of purchase you have one of two options:

  • Swap it for another equivalent phone. You can only do this once; or
  • Get your money back.

For both options you must return the phone to where you bought it. If this was online or through our Customer Service team give them a call to find out how. You must return the equipment undamaged, in pristine condition and with all original parts, in the original packaging. And have proof of purchase.

If you cancel and get your money back you will be required to pay for any service you have used such as calls, texts or data, including roaming or other usage that may be billed to you after you return the equipment.

6.3.2 Faulty handsets

Contact customer services on 0844 873 0333 to advise if your handset is faulty. If it’s still within 28 days of receipt we will carry out a fault diagnosis and will provide a solution there and then. If your handset is outside 28 days of receipt but within 24 months, it is covered by the manufacturers warranty and customer services will either refer you to the manufacturer or provide you with details of your nearest repair centre.

6.3.3 Distance selling obligation

Where you’ve bought your product online or by phone, you are entitled to a "cooling off" period of 7 working days under the Distance Selling Regulations. To keep things simple and consistent we apply our standard 14 day Change Your Mind policy to distance sales.

Website terms of use


Terms of use.

Welcome to the Talk Mobile Website terms and conditions for use.


Welcome to The Talk Mobile Website terms and conditions for use. These terms and conditions apply to your use of the Website and by accessing this Website, you agree to be bound by the terms and conditions set out below.

Talk Mobile gives no authority (whether implied or express) to deep link to or frame any of the content which appears on our Website or to use a representation of the company's trademarks as a link button without the express agreement of Talk Mobile.

This site complies with appropriate UK legislation and it is to be used only by persons who access it from within the UK and the services on this site are only available to UK residents.

"Conditions" means these terms and conditions and the "Special Conditions";

"Goods" means goods displayed for sale on the Website;

"Online Sales" means sales of Goods and Services conducted through the Website;

"Personal Information" means the details provided by you on registration;

"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Good or Service are provided;

"Services" means services displayed for sale on the Website;

"Special Conditions" means the terms and conditions in the Product Description referred to in Clause 8.1;

"Users" means the users of the Website collectively;

"User Information" means the details provided by you on any application to buy Goods or Services from us via the Website;

"Us/Our/We/Carphone Warehouse" means Talk Mobile Ltd., a company registered in England and Wales under the number 04154716 with registered office located at 1 Portal Way , London W36RS ;

"Website" means the website located at www.talkmobile.co.uk or any subsequent URL which may replace it; and

"You/Your" means a user of the Website.

COMMUNICATION

Please read all the sections below to understand the risks involved in communicating and transmitting sensitive information by e-mail.

  • Please note that internet email is not a 100% secure communications medium. In the interests of preserving confidentiality in your personal details, We strongly advise that You take this into consideration before You send Us any information by email. By proceeding, You agree that You will send Us information by email at Your own risk.
  • Messages sent by email may not be secure and may be intercepted by third parties. If You disregard this warning and choose to send Us confidential information, You agree that You do so at Your own risk and that You will not hold Us responsible for any loss that You suffer as a result.
  • The e-mail address You provide to Us is where We will send Our response. If You have chosen to discuss your personal account details via E-mail We will try to respond to You in this way. We cannot guarantee the security of Your personal information by this communications medium.


A. USE OF THE WEBSITE

1. Access

We will provide you with access to the Website and sell You Goods and Services in accordance with these Conditions.

2. Your Obligations

You

2.1  agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;

2.2  agree not to upload or transmit through the Website without limitation, any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;

2.3  will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;

2.4  will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;

2.5  will not use the Website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);

2.6  will not attempt any unauthorised access to any part or component of the Website; and,

2.7 agree that in the event that You have any right, claim or action against any other User arising out of that User's use of the Website, then You will pursue such right, claim or action independently of, and without recourse to Us;

2.8  the Personal Information which You are required to provide when You register as a customer is true, accurate, current and complete in all respects; and

2.9  will notify us immediately of any changes to the Personal Information by contacting our customer service representatives by e-mail on info@talkmobile.co.uk, or calling us on 0870 071 5888; and

2.10  will not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

3. Indemnity

You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by Us and arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of the Website, or the use by any other person accessing the Website using Your Internet account and/or Your Personal Information.

4. Our Rights

4.1. We reserve the right to:

4.1.1  modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or

4.1.2 change these Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.

4.2  We will use Our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

4.3  We reserve the right to withdraw any Goods or Services from the Website at any time and/or remove, screen or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to You or any third party by reason of our doing any of the following: withdrawing any Good or Services from the Website whether or not those Goods or Services have been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

5. Third Party Links

In an attempt to provide increased value to Our Users, We may provide links to other websites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, goods or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

6. Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that We deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Website). We may also investigate, in Our sole discretion, the use, or attempted use, of any credit card, and take such action as we deem appropriate, including without limitation, contacting the User using such card or cancelling orders placed by such User.



B. PURCHASE OF GOODS/SERVICES

7. Contract creation and electronic contracting

7.1 The technical steps required to create the contract between You and Us are as follows:

7.1.1 You place the order for Your Products on the website by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the website.

7.1.2 We will send to You an order acknowledgement email detailing the products You have ordered. This is not an order confirmation or order acceptance from Us.

7.1.3 As Your product is shipped from our warehouse We will send you a despatch confirmation email.

7.1.4 Order acceptance and the completion of the contract between You and Us will take place on the despatch to you of the Products ordered unless We have notified You that we do not accept Your order or You have cancelled it in accordance with the instructions in these conditions.

7.2 Non-acceptance of an order may be a result of one of the following:

7.2.1 The product you ordered being unavailable from stock.

7.2.2 Our inability to obtain authorisation for your payment.

7.2.3 The identification of a pricing or product description error.

7.3 You not meeting the eligibility to order criteria set out in the main Terms & Conditions.

8. Orders

8.1 All orders are subject to acceptance and availability. If the Good You have ordered is not available from stock You will be contacted by e-mail or phone (if you have given Us details) and You will have the option either to wait until the item is available from stock or to cancel Your order. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. However, We reserve the right to change prices without prior notice to You.

8.2 We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on Our part We are not liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or ordering from the Website.

8.3 You warrant that the User Information which You are required to provide when You make an offer to buy Goods or Services via the Website is true, accurate, current and complete in all respects.

8.4 You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use.

8.5 Please note that we may not be able to port/transfer telephone numbers to Goods purchased online. If you wish to keep your current telephone number, please contact 0870 087 0870 and speak to a member of our team before confirming your online purchase.

9. Offers to Purchase and Description of Goods/Services

9.1 Each Good or Service purchased is sold subject to its Product Description which sets out additional specific terms and conditions related to that Good or Service including, without limitation, terms and conditions concerning estimated delivery times and any warranties.

9.2 Any order made by You will be treated as an offer to purchase Goods or Services from Us. The contract between You and Us will only be completed when We despatch the Good to You or commence the provision of the Services, as the case may be, or when We debit Your credit or debit card, whichever is the earlier. The sale contract is therefore completed in London, England. We reserve the right to reject an y offer to purchase made by You at any time.

9.3 You acknowledge that any automated acknowledgement of Your order which You may receive from Us shall not amount to Our acceptance of Your offer to purchase Goods or Services advertised on the Website.

10. Refusal of transaction

10.1 We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

10.2 To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must:

10.2.1 Register by providing your real name, phone number, e-mail address, payment details and other requested information

10.2.2 Be over 18 years of age

10.2.3 Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not acceptable

10.2.4 Possess a valid credit or debit card issued by a bank acceptable to us

10.3 By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

11. Right of Cancellation

11.1 If you are a private consumer you may cancel any purchase at any time within 7 working days from the day after completing your order for the Services (in respect of Services) or 7 working days from the day after receipt of the Goods (in respect of Goods) ("Trial Period") without incurring any obligation or liability to us, however, you may not cancel any services once we have started to provide them with your agreement. In the event of any such cancellation you must return the Goods (including any accessories which were included in the price of the Goods) with proof of purchase, at your cost by sending it special delivery to the address in clause 11.2 below. Please note that if you do not return all accessories that were included with the Goods, we shall be entitled to charge you for the cost of the missing items. If you do not return the Goods to us in accordance with this Agreement, you must make the Goods available for collection and we may charge you the costs we incur in collecting it. You may examine the Goods, but must take reasonable care of it until returned or collected (we consider this to be undamaged with its original packaging).

11.2 If, after notifying us of your intention to cancel your contract within the Trial Period, you have failed to return your Goods to CPW by sending them special delivery to Direct Returns, CPW Logistics Centre, Bilston Road, Wednesbury, W. Midlands, WS10 7JN or you fail to make them available for collection as requested, you hereby irrevocably agree to pay CPW the retail price of the Goods and you authorise us to take this amount from your credit or debit card or through such other means as we may require.

11.3 If you cancel your contract you must:

11.3.1 either notify us in writing to Talkmobile, PO Box 347, Unit 19, Southampton, SO30 2PZ, or by phone on 0870 071 5888;

11.3.2 retain possession of the Goods;

11.3.3 take reasonable care of the Goods until we collect the Goods, or deliver the Goods to us; and

11.3.4 ensure that the Goods are returned, or made available for collection, (as the case may be) in the same condition as it was when they were delivered to, or collected by, you (as the case may be).

11.4 If you cancel your contract, we will refund the monies you have paid to us within 30 days of you giving notice under the relevant contract.

12. Your Personal Data

12.1 We respect your personal information and undertake to comply with applicable Data Protection legislation in place from time to time.

12.2 We may hold information that you provide to us (such as on an application or registration form) or that we may obtain from another source (such as our suppliers, marketing organisations or credit reference agencies). This information ("Your Information") may include your name, address, date of birth, gender, telephone numbers, email address, bank and credit/debit card information, occupation and employment data, lifestyle information and details of how you use our products and services together with general information about the way you pay and manage your account. We may share Your Information with: companies within CPW Group and any company or other entity in which CPW Group owns (directly or indirectly) more than 15% of the issued share capital for the purposes described in these terms and conditions; and in the event that we undergo re-organisation or are sold to a third party you agree that Your Information may be transferred to that re-organised entity or third party for the purposes and subject to the terms of this Agreement.

12.3 Your Information may be held and used by us for a number of purposes and we may use third parties to support us with purposes which include, without limitation:

12.3.1 processing your orders or applications; administering your account and billing; settling accounts with those who provide related services to us; disclosing your data to bank and debit and credit card companies to validate your debit or credit card details; dealing with requests, enquiries or complaints and other customer care related activities; debt recovery (also using recovery agents and agents facilitating to contact you) and legal actions and all other general administrative and business purposes;

12.3.2 carrying out market and product analysis of Your Information to develop and improve and to tell you about CPW Group's products and services, new developments, special offers, discounts and awards which we believe may be of personal interest to you. We may also use Your Information for the purpose of testing our internal systems and developing new products and services. We may tell you by automated means or otherwise, including by email, fax, mobile text message, MMS, telephone, post and via world wide web, WAP and similar sites subject to any preferences indicated by you at the time you give us Your Information; contacting you about the products and services of carefully selected third parties and allowing you to receive advertising and marketing information from those selected third parties but without passing control of Your Information to the third party concerned;

12.3.3 passing on data to organisations from which you have ordered any products and services; registering your details and allocating or offering you rewards, discounts or other benefits and fulfilling any requests or requirements you may have in respect of our and our group companies' loyalty or reward programmes and other similar schemes;

12.3.4 carrying out any activity or disclosure in connection with a legal, governmental or regulatory requirement on us or in connection with legal proceedings, and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders; or

12.3.5 carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer. We may also use your information for the purpose of testing our internal systems and developing new products and services.

12.4 You agree to the disclosure by us of the following information to any telecommunications company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, credit provider or security agency:

12.4.1 any information relating to your contract with us including details of how you conduct your account and your obligations to us and your personal financial information;

12.4.2 any information which is covered by our registration under the Data Protection Act 1998 as amended from time to time; and

12.4.3 any information which we are required by an order of any court of competent jurisdiction or by statutory authority to disclose.

12.5 It may also be necessary for us to carry out anti-fraud and identity checks on you to help decide whether to accept your application or future applications, to verify your identity and to protect our legitimate interests. Any information obtained in such checks will be passed to credit reference agencies and may be used by third parties to assessing applications for credit from you and other members of your household and for debt tracing, crime and fraud detection and prevention and credit management purposes. You further agree that we may use Your Information for operating a publicly accessible directory service.

12.6 A comprehensive description of how we use personal information is publicly available from the Information Commissioner - please see www.dataprotection.gov.uk.

12.7 If you would like us to tell you what information we hold about you, please write to: The Data Controller, The Carphone Warehouse Limited , 1 Portal Way, London W3 6RS . We may charge a £10.00 administration fee; please quote your mobile and/or account number on all requests. You can also call us on 0870 0870 168 to correct or update any inaccurate or incomplete information and to advise us of any preferences you may have concerning how you can be contacted for marketing purposes or to indicate your preferences for directory entries.

12.8 If you do not wish your details to be used for the purposes described in Clauses 12.2 and 12.3 , please write to The Data Controller, The Carphone Warehouse Limited, 1 Portal Way, London W3 6RS stating your full name, address, account number and mobile phone number. Please note: this will not affect any marketing consent which you have already given to any of the companies referred to in Clause 12.3 in respect of agreements relating to other products and/or services.

12.9 Subject to your rights of objection set out in this clause, and your right of objection in the registration process, you agree that you consent to us, CPW Group or third parties contacting you for any of the above purposes whether by telephone, email, SMS or in writing and you confirm that you do not consider any of the above as being a breach of any of your rights under The Privacy and Electronic Communications (EC Directive) Regulations 2003.

12.10 You should be aware that if we are requested by the police or any regulatory government authority investigating suspected illegal activities to provide your user information or information concerning your activities whilst using the Service we shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning your use that is deemed by us to be inconsistent with these terms.

12.11 We may disclose to third parties aggregated data relating to the use of the Goods provided that a single individual is not identifiable in such data.

12.12 If you purchase a mobile phone from us, we will pass your information to the Mobile Equipment National Database ("MEND") and the Stolen Equipment National Database ("SEND") (organisations operated by Recipero Limited, a company registered in England and Wales under Company No. 3794898 and with its registered office at Lawrence House, Lower Bristol Road, Bath BA2 9ET) to enable MEND or SEND to contact you in the event that you lose your mobile phone or it is stolen from you.  Please contact us on 0870 0870 168 if you do not want your information to be passed to MEND and/or SEND. PLEASE NOTE: Once you have been registered with MEND and SEND, it is your responsibility to ensure that you notify any change of mobile phone to MEND and SEND to ensure that there is no interruption of their service to you.

12.13 We will not collect any personal information about you unless you have chosen to give it to us. Do not give it to us if you do not want it collected.

12.14 We may use information we have collected about you for improving customer service, and to respond to your queries.

12.15 We may store some information on your hard disk ("a cookie"). To find out more about our use of cookies see our  privacy policy.

12.16 When you speak to us on the phone, some calls may be monitored or recorded in case we need to check we have carried out your instructions correctly and to help improve our quality of service.

12.17 The personal information you provide by submitting this form will be collected by The Carphone Warehouse Ltd. who may (i) pass Your details to any associated company and certain third parties to assist them in analysing use of the Website and enabling them to contact You about Goods or Services which may be of interest to You and (ii) use it in accordance with Our privacy policy.

Click here to view the carphonewarehouse.com privacy policy (which sets out how We use Your personal information)

13.Payment

13.1 Payment can be made by any major credit or debit card. Payment will be debited and cleared from Your account before the despatch of Your Good or provision of the Service to you.

13.2 You confirm that the credit/debit card that is being used is Yours.

13.3 All credit/debit card holders are subject to validation checks and authorisation by the card issuer and We may share Your personal information with such third parties as are necessary to enable Us to do such checks. If the issuer of Your payment card refuses to authorise payment to Us, we will not be liable for any delay or non-delivery.

14. Eligibility to Purchase

14.1 The purchase of Goods or Services is limited to parties that lawfully can enter into and form contracts on the Website under English law and who are resident or incorporated in the United Kingdom. This means that if You are an individual, You must be 18 years or older to purchase any Goods or Services via the Website and by offering to purchase any Goods or Services You represent to us that You are 18 years of age or older. To register, You must provide Your real name, phone number, e-mail address, credit card details and other requested information.

14.2 The Website is available only to individuals and companies or partnerships who We, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those who have been issued a valid credit card by a bank acceptable to Us, whose applications are acceptable to Us and who have authorised Us to process a charge or charges on their credit card in the amount of the total purchase price for any Goods or Services which they purchase.

14.3 By making an offer to buy any Goods or Services, You specifically authorise Us to transmit information (including any updated information) or to obtain information about You from third parties from time to time, including but not limited to Your credit-card number or credit reports, to authenticate Your identity, to validate Your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.



C. GENERAL

15. Intellectual Property and Right to Use

15.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Us or Our licensors. You are permitted to use this material only as expressly authorised by Us or Our licensors.

15.2  You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only and that You may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

16. Notices

16.1 You may send us notices under or in connection with these Conditions:

16.1.1 by post to Group Legal Department, The Carphone Warehouse, 1 Portal Way , London W3 6RS

16.1.2 by fax to Group Legal Department on 020-8753-8031

16.1. by email to by clicking here

16.2As proof of sending does not guarantee Our receipt of Your notice, You must ensure that You have received an acknowledgement from Us which should be retained by You.

17. Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

18. Limitation of Liability

18.1 While We will use reasonable endeavours to verify the accuracy of any information We place on the Website, We make no warranties, whether express or implied in relation to its accuracy.

18.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

18.3 We make no warranty that the Website will meet Your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

18.4 To the fullest extent permissible under applicable law, We disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods and Services including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.

18.5 Notwithstanding any other provision in the Conditions, nothing herein shall limit Your rights as a consumer under English law.

18.6 The information provided to You in connection with the Goods and Services is provided by the suppliers of such Goods and Services and You acknowledge that We do not verify the accuracy of such information. The fact that information, products or services are shown on this site does not necessarily mean that:

18.6.1 you should rely on the information (whether provided by us or third parties);

18.6.2 we endorse the information, products or services provided by third parties; or

18.6.3 the product and services that we provide are suitable for you. It is your responsibility to check this out. Some of the services on this site may not be available or may have changed.

18.7 We therefore exclude all liability of any kind (including but not limited to defamation, breach of confidence, intellectual property right infringements, invasion of privacy and negligence) for the transmission or reception of such information of whatever nature to

18.8 You acknowledge that We cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by You.

18.9 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for:

18.9.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

18.9.2 any loss of goodwill or reputation; or

18.9.3 any loss which was not brought to Our attention at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Us; or

18.10 in any case whether or not such losses were within the contemplation of either of Us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of Us arising out of or in connection with the provisions of any matter under these Conditions.

18.11 Nothing in the Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our servants, agents or employees.

18.12 We are not in any way responsible for anything mentioned on or linked to this site that someone else is marketing.

19. Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

20. Waiver

No waiver by Us shall be construed as a waiver of any preceding or succeeding breach of any provision.

21. Survival

Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

22. Entire Agreement

These Conditions (as amended from time to time) contain the entire agreement between You and Us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between You and Us in relation to such matters. You confirm that You have read these conditions and, You fully understand them and You also agree that these conditions are the only terms (together with Your network provider agreement) that rule Your relationship with us.

23. Law

24. The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

25. Handling Complaints

25.1There may well be occasions when you are unhappy with the service that We provided to You. In these cases, We will endeavour to be fair and efficient in handling any complaint You should have and to process your complaint confidentially.

25.2 If You have a complaint, please send us a letter to this address (Talkmobile, PO Box 347, Unit 19, Southampton, SO30 2PZ) or an e-mail to this address (info@talkmobile.co.uk).

25.3 We will endeavour to give You an answer within 21 days and will provide You with a likely timescale for resolving the dispute. We will keep You informed about the progress of Your complaint. We undertake to check Our system regularly for handling complaints and We welcome any suggestion You may have in relation to how this system may be improved

25.4 We undertake to check Our system regularly for handling complaints and We welcome any suggestion You may have in relation to how this system may be improved

Blackberry Internet Service Terms and Conditions

  1. The BlackBerry Internet Service (BIS) is available to pay monthly customers only.
  2. BIS is subject to your normal terms and conditions for the supply of Talkmobile Network Services, which are to be found at www.talkmobile.co.uk.
  3. BIS may be available whilst roaming abroad for an additional charge. Your BlackBerry may synchronise with your email accounts automatically resulting in you incurring such additional charges. If you do not wish to receive email whilst abroad you can turn off the Blackberry internet service directly from your BlackBerry (see our user manual for details).
  4. Your use of BIS is subject to your acceptance of the terms and conditions of Research in Motion Limited (BlackBerry), as may be amended from time to time. These terms are made available to you at the time of activation of your BIS. These terms include the right to use BlackBerry's software to access the service. By activating BIS you agree to comply with BlackBerry's terms.
  5. Where there is any inconsistency between these terms and the Talkmobile Network Terms, Talkmobile's Network Terms will prevail.
  6. All Blackberry devices accompanied with Talkmobile services are automatically provisioned to access premium content. The premium content control bar which restricts access to the internet, cannot be applied to these devices and services

BlackBerry, RIM, Research In Motion and related trademarks, names and logos are the property of Research In Motion Limited and are registered and/or used in the U.S. and countries around the world. Used under license from Research In Motion Limited.

Pay As You Go Rewards


1. At the point of purchase you will have access to the standard Pay As You Go tariff only.

2. You will only receive rewards for top-ups after you have opted in. You will need to opt-in by calling free-of-charge to our Customer Services automated menu by dialling 5888 from your Talkmobile enabled phone, or by speaking to a customer service advisor (which is chargeable).

3. You will only be entitled to opt-in to 1 reward at a time.

4. Your first top up will not be eligible for rewards, your rewards will be applied the next time you top-up.

5. You may be given assistance at the point of sale to choose your rewards. You must choose your reward prior to any top-up to receive a reward

6. You can select to change between reward options free of charge once every 30 days.

7. Customers requesting to change between reward options more frequently than once every 30 days will be charged £5 which will be deducted from their remaining top-up credit.

8. If you already have an active reward and you top-up again, you will be eligible for your next reward, but you will not be able to receive more than 1 reward in advance.

9. We will endeavour to ensure that your rewards are applied to your account within 1 hour of topping up.

10. Following a top-up, you will receive a text message to your Talkmobile phone to advise when a reward has been applied.

11. Rewards will only become active when an existing reward of the same type has expired.

12. Once opted-in, you will continue to receive your chosen reward following subsequent top-ups.

13. If you change your reward option, the new reward will only take effect from the next top-up.

14. We reserve the right to amend or discontinue the Pay As You Go rewards programme at any time. If we amend or discontinue the programme, we will give you notice of any changes by posting them on our website at www.Talkmobile.co.uk. Check our website from time to time for any changes.

15. Free SIM orders placed by texting shortcodes are restricted to two free SIMs per household. Texts to 84252 are charged at your standard network rate and texts received from 84252 are free.


Textmania rewards

1. Our Textmania rewards offer "Unlimited" UK Texts for a limited period of time.

2. The "Unlimited" UK Texts offer is subject to a fair use policy and is only available for a limited period.

3. The limited time period will depend on the amount that you top-up (a) if you top-up £5, the limited time period is 7 days (b) if you top-up £10, the limited time period is 14 days (c) if you top-up £15, the limited time period is 30 days (d) if you top-up £20, the limited time period is 30 days.

4. If you are sending a usual number of texts in excess of what we believe is a fair use of our services may be sent a text from Talkmobile to advise that charges for texts sent (if the fair usage policy is exceeded) may be chargeable.

5. Textmania rewards will expire after the time period indicated. The time periods differ depending on the applicable top-up value.

6. You will only be entitled to one Textmania reward during your limited time period.

7. When referring to a day, the time period is midnight to midnight.

8. We reserve the right to amend or discontinue the Textmania rewards programme at any time. If we amend or discontinue the programme, we will give you notice of any changes by posting them on our website at www.Talkmobile.co.uk. Check our website from time to time for any changes.


Globetalker rewards

1. Globetalker rewards offer free minutes that can be used to make international calls. These free minutes are in additional to the minutes purchased by you.

2. Some international destinations are excluded from the free minutes. See www.Talkmobile.co.uk for details.

3. All Globetalker rewards are valid for 30 days from the date of activation.

4. Globetalker rewards expire after 30 days.

5. If you use all of your Globetalker minutes within 30 days, you will be able to receive more rewards when that 30 day period has expired.

6. You will only be entitled to one Globetalker reward during a 30 day reward period.

7. We reserve the right to amend or discontinue the Globetalker rewards programme at any time. If we amend or discontinue the programme, we will give you notice of any changes by posting them on our website at www.Talkmobile.co.uk. Check our website from time to time for any changes.


Chatterbox rewards

1. Chatterbox rewards offer free minutes to any UK landline and mobile. These free minutes are in addition to the credit applied by you.

2. Chatterbox rewards are available for a limited time.

3. The limited time period will depend on the amount that you top-up (a) if you top-up £5, the limited time period is 7 days (b) if you top-up £10, the limited time period is 14 days (c) if you top-up £20, the limited time period is 30 days.

4. Chatterbox rewards will expire after the time period indicated. The time periods differ depending on the applicable top-up value.

5. You will only be entitled to one Chatterbox reward during your limited time period.

6. When referring to a day, the time period is midnight to midnight.

7. We reserve the right to amend or discontinue the Chatterbox rewards programme at any time. If we amend or discontinue the programme, we will give you notice of any changes by posting them on our website at www.Talkmobile.co.uk. Check our website from time to time for any changes.


Familyfusion rewards

1. Familyfusion rewards offer free minutes to any UK landline and other Talkmobiles as well as "Unlimited" free texts to other Talkmobiles. These free minutes and texts are in addition to the credit applied by you.

2. Familyfusion rewards are available for a limited time.

3. The limited time period will depend on the amount that you top-up (a) if you top-up £5, the limited time period is 7 days (b) if you top-up £10, the limited time period is 14 days (c) if you top-up £20, the limited time period is 30 days.

4. If you are sending a usual number of texts in excess of what we believe is a fair use of our services may be sent a text from Talkmobile to advise that charges for texts sent (if the fair usage policy is exceeded) may be chargeable.

5. Familyfusion rewards will expire after the time period indicated. The time periods differ depending on the applicable top-up value.

6. You will only be entitled to one Familyfusion reward during your limited time period.

7. When referring to a day, the time period is midnight to midnight.

8. We reserve the right to amend or discontinue the Familyfusion rewards programme at any time. If we amend or discontinue the programme, we will give you notice of any changes by posting them on our website at www.Talkmobile.co.uk. Check our website from time to time for any changes.

Lifesaver


1. Lifesaver is available to eligible Talkmobile Pay as you go customers who opt-in for the service by calling 5888 free from their Talkmobile phone.

2. Eligible customers will have been activated on the Talkmobile network for a minimum of 60 days. They must have made a minimum top-up of £5 on or after their 60th day of activation and must be opted-in to a current PAYG tariff with rewards.

3. Once opted-in for Lifesaver, customers will automatically have an additional £1 of airtime credit available to them that will be repaid out of their next top-up.

4. Following the use of the Lifesaver credit, customers will be debited a service fee of 10p from the next top-up that is applied. For example if you have used all of your £1 Lifesaver credit and your next top-up is £10, you will have a balance of £8.90 airtime.

5. When the Lifesaver airtime credit is in use, customers will be sent an SMS to advise that Lifesaver credit is in use.

6. Opted-in customers will not be eligible for £1 Lifesaver credit a second time until a top-up has been applied and the initial Lifesaver credit has been repaid.

7. Once opted-in customers will be able to request to opt-out of the Lifesaver service by calling 5888 from their Talkmobile phone.

8. Once opt-out has been requested, customers will be able to use any current remaining Lifesaver credit that is already in use, however no additional lifesaver credits will be available following next top-up.

9. Talkmobile reserves the right to withdraw or amend this offer at any time. Notice by text message will be provided to customers who have used the service before it is withdrawn. Notice will be effective immediately.

Talkmobile - Fair Use Policy


Unlimited Texts
  • Some Pay Monthly contract and SIMple texter tariffs include "Unlimited" UK Texts.
  • Only texts sent to standard UK mobile numbers whilst in the UK are included in the "Unlimited" allowance. Texts to premium rate and international numbers are excluded from the allowance, as are texts to UK numbers made when roaming abroard.
  • The "Unlimited" UK Texts offer is subject to a fair use policy of 3000 texts per monthly bill cycle
  • If you are sending an unusual number of texts in excess of the monthly allowance and what we believe is a fair use of our services you may be sent a text from Talkmobile to advise that charges for texts sent (if the fair usage policy is exceeded) may be chargeable.

Unlimited Calls
  • Where a tariff includes "Unlimited" calls, only calls made to standard UK mobile and landline numbers whilst in the UK are included in the "unlimited allowance".
  • Calls to premium rate numbers are excluded from the allowance, as are calls to UK numbers made when roaming abroard.
  • The "Unlimited" call allowance is subject to a fair use policy of 3000 minutes per monthly bill cycle.
  • The "unlimited" call allowance is subject to a maximum individual call length of 60 minutes. For calls exceeding 60 minutes standard call rates will apply.

Unlimited Internet (included in tariff allowance)
  • Some Pay Monthly contracts include "Unlimited" data access as part of the tariff allowance.
  • There is no limit on mobile internet usage on contracts which include "Unlimited" data access. However if we feel that your data usage is so excessive that other customers are detrimentally affected and/or we are concerned about fraud, we may introduce a fair use policy. If we publish a policy we will let you know. Any such policy may change from time to time, including where we introduce new Services which may require certain rules to ensure such new Services can be enjoyed by our customers. If, once we have implemented such a policy, your use of the Service is excessive, is causing problems for other users and you continue to use the Service excessively we may suspend all or some of the Services.

Mobile Internet Data (included in tariff allowance)
  • Some Pay Monthly contract and SIMple tariffs include inclusive Mobile Internet Data as part of the tariff allowance.
  • Mobile Internet Data is subject to a limit of 500MB or 1GB as stated on your plan per monthly billing cycle, and then subject to a charge of 10p per MB thereafter.

Daily Mobile Internet
  • Where "Unlimited" mobile internet is NOT included as part of Pay monthly contract, SIMple and Pay As You Go tariffs, customers can use Daily mobile internet for a maximum daily charge of 26p
  • "Unlimited" mobile internet is subject to a fair usage policy of 25MB per day, and then subject to a charge of 10p per MB thereafter.
  • You may be notified by a text message when you are approaching the fair use policy threshold and advised that charging will apply if this threshold is exceeded.

Code of practice


Please download this pdf: TalkMobile_Code_of_Practice.pdf view our code of practice.

Adobe Acrobat Reader and PDF Files

Certain files available for download from the Our Documents web site are in Portable Document Format (PDF). PDF files require the free Adobe Acrobat Reader. Adobe also provides free PDF tools for the visually impaired.

Download the Free Adobe Acrobat Reader Now

Unlimited Internet promotion – end date 20th February 2012


  • Pay monthly prices subject to credit check and minimum term.
  • Free unlimited internet promotion ends 20th February 2012 and is only available on selected handsets.
  • Data allowances can only be used for UK web access.
  • There is no limit on mobile internet usage on contracts which include "Unlimited" data access. However if we feel that your data usage is so excessive that other customers are detrimentally affected and/or we are concerned about fraud, we may introduce a fair use policy. If we publish a policy we will let you know. Any such policy may change from time to time, including where we introduce new Services which may require certain rules to ensure such new Services can be enjoyed by our customers. If, once we have implemented such a policy, your use of the Service is excessive, is causing problems for other users and you continue to use the Service excessively we may suspend all or some of the Services.