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Terms and conditions.



Please note that these terms and conditions are updated from time to time. Changes will be posted on our Website at www.talkmobile.co.uk. Please check these regularly as continuing to use the Services after changes having been posted on our Website will mean that you agree to these terms, as amended.

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. Some sections of these terms are printed in bold to draw your attention to them.

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 set out below, headed “Network Terms and Conditions”.

The supplier of your mobile phone and other equipment (other than your SIM Card) is The Carphone Warehouse Limited of 1 Portal Way, London W3 6RS, registered in England and Wales under Company number 2142673 and VAT number GB 744032068 (“CPW”). You are entering into a separate agreement with CPW for the supply of this equipment on the terms set out below, headed “Equipment Terms and Conditions”.



Click here to see - Your right to cancel informationImportant - Your right to cancel

Subject to the paragraph below, 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 7 working days after the later of entering this Agreement, receiving this Agreement or receiving the Equipment supplied under the Equipment Terms and Conditions (in the case of a new customer or a Handset Upgrade) or after the later of entering this Agreement as long as you give us notice in writing of such cancellation within the Trial Period.

How to cancel

Please call our Customer Services team on 0870 071 5888 and we will explain how to do this.

If you cancel this Agreement in respect of provision of the Services, any agreement you may have entered into with CPW in respect of the provision of the Equipment (the "Equipment Terms and Conditions") will also be cancelled.

We recommend you enclose the Equipment (including the SIM card (unless it is a Handset Upgrade) and any accessories included in the price of your Equipment) undamaged with your notice of cancellation, with proof of purchase and the original packaging.

If you do not enclose this with your notice of cancellation, you must return it to us within 7 days of notice of cancellation undamaged, with proof of purchase by sending it to the address set out in clause ‎8.1.1 of the Equipment Terms and Conditions at your cost. Please enclose the original packaging.

It is your responsibility to ensure that the Equipment is received by us and we recommend using special delivery. If you do not return the Equipment and any accessories undamaged, we may charge you the costs we incur in collecting it from you (which may be substantial) or the value of the missing or damaged items (i.e. the full retail price or the handset-only retail price in the case of the Mobile Phone/Smart Phone).

You must make the Equipment available for collection on our request. Any sums paid by you for the Equipment (less our costs if we have to collect the Equipment from you) will be reimbursed within 30 days.

This paragraph does not apply to a customer who purchases the Equipment for business purposes. This paragraph does not affect your statutory rights.

By cancelling your 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.

You must take reasonable care of the Equipment until received or collected by us and you are entitled to examine the Equipment as you would in a shop.

However, if you use the Equipment during the Trial Period, you may lose your right to cancel. Use would include, but would not be limited to connecting to the Network for example by making or receiving a call, SMS or MMS, accessing the Web or downloading, or using any of the functions of the Equipment for example amending settings, saving any data, adding a contact or appointment, taking a photograph or using an application.

If you use your Equipment after notifying us of your wish to cancel, you will be responsible for all charges under the Airtime Contract and these may not be refunded.

We reserve the right to charge you the value of any Equipment that has been used prior to receipt or collection by us.

Please note, you will be deemed to have received the Equipment and a copy of these Terms and Conditions when we have tried to deliver them to you even if you were not there to collect them.

Click here to see - Network terms and conditionsNetwork terms and conditions

We agree to provide the Services in accordance with the terms and conditions of this Agreement and certain paragraphs are highlighted to draw your attention to them. This Agreement may be for a minimum period of time (selected during your Order) with monthly billing intervals as set out in your Order.

1. Definitions and important notes

1.1 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 and if you are a Business Customer services such as installation and field services details of which appear in the Tariff;

"Agreement" means these terms and conditions (together with such other terms as may be notified to you from time to time) and the current Tariff;

"Artificially Inflated Traffic" means any situation where the flow of calls to any particular revenue share service is, as a result of any activity on or on behalf of the party operating that revenue share service, 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 (company no 6534088) and 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 and The Carphone Warehouse Group plc and its subsidiary and holding companies (if any) from time to time, and in each case, "subsidiary company" and "holding company" shall have the meanings set out in the Companies Act 2006, section 1159;

"Charges" means all the charges associated with the Services and Additional Services described in the Tariff and the price of any Mobile Phone or accessories you buy from us;

"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;

"Credit or Debit Card" means your nominated credit or debit card, details of which are given in the application form, printed overleaf, or which you have already provided to us over the telephone or by e-mail/the internet;

"Equipment" means equipment including, without limitation, your Mobile Phone, Smart Phone (including any Handset Upgrade) and accessories (but not including your SIM Card), datacard, USB modem and other GSM/UMTS equipment provided to you by the Carphone Warehouse under the terms of the Equipment Terms and Conditions;

"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 using SIM Cards;

"Handset Upgrade" means the issue of a new Mobile Phone to you on the condition that you enter into a new agreement with us on our then current terms and conditions;

"Minimum Period" means in relation to all tariffs except SIM Only tariffs, the minimum period for the Services selected by you in your application and on which the price of your tariff is based, from the day on which the Services are first provided or from the day on which your Upgrade is effective;

"MMS" means Multimedia Messaging Service;

"Mobile Phone" means a cellular telephone or other device used by you to receive the Services and any accessories included in the price of your phone provided to you by CPW under the terms of the Equipment Terms and Conditions;

"Network" means the public switched telephone network and/or a wireless telegraphy 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;

"Pay As You Go" means a tariff where you have to Top-Up to use any Services or Additional 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 Phone will not be supplied when you agree to purchase the Services;

"SMS" means Short Messaging Service;

"Tariff" means the tariff setting out our list of Charges (including monthly charges) for the Services from time to time copies of which are available on our Website or by contacting 0870 071 5888;

"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 a Handset Upgrade or an Airtime-Only Upgrade;

"User Guides" means any guides or documentation supplied with your Mobile Phone either by us or by the supplier or manufacturer of your Mobile Phone that explains to you how the Services work and how to use your Mobile Phone;

"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 www.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 Carphone Warehouse Group plc (registered no. 3253714) group of companies, 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.

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.

For all tariffs, 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 code from your previous network operator. For our Post-Pay tariffs, you must provide us with your PAC code as part of the order process prior to entering into this Agreement. For our Pay As You Go tariffs, you must provide us with your PAC code after entering into this Agreement. The ability to be able to port any existing mobile phone number to Talkmobile is subject to availability.

The details on our websites or in our advertisements or contained in our marketing material are only invitations to offer. 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 For Post Pay tariffs, this Agreement will continue for the Minimum Period and thereafter. It can be brought to an end (subject to the provisions of Clause ‎8) by either you or us giving one calendar month’s notice to the other on or at any time after the expiry of the Minimum Period, or otherwise as provided in Clause ‎8.

2.2 For Pay As You Go tariffs, this Agreement can be brought to an end by either you or us giving two business days’ notice to the other at any time, or otherwise as provided in Clause ‎8. This Agreement will end when we disconnect the Services.

2.3 For SIM only offers, this Agreement can be brought to an end by either you or us giving 30 (thirty) days notice to the other at any time. This Agreement will end when we disconnect the Services.

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

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 phones will be able to receive the Services. We only agree to provide the Services to Mobile Phones of a make and type provided specifically for use with the Services. If you buy a SIM Only tariff from us, your current mobile phone 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 mobile phone becoming permanently blocked. We accept no responsibility for mobile phones 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 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. We may pursuant to clause ‎3.11 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.

3.3 You agree that when you successfully register for the Services, when you contact our Customer Service line to acquire Additional Services or account balances or if you extend this Agreement in any way, such acts indicate your continued acceptance of the terms and conditions then in force in respect of the Services.

3.4 You will be entitled to the quality of Services generally provided by us for our customers. 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 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 ‎3.11. Any such deposit will not guarantee your right to receive Additional Services.

3.8 The Services may be used by you to 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 We will allocate a number for use of your SIM Card on the Network. The number does not belong to you and may only be transferred to another service provider in certain circumstances (including payment of our costs) details of which are available on request from 0870 071 5888.

3.11 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.

3.12 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 ‎3.11 ask you to pay a deposit. Once we have established that you have exceed 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.

3.13 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.

3.14 Upgrades are at the sole discretion of Talkmobile and will be subject to a minimum period duration unless we notify you otherwise.

3.15 We reserve the right to charge you a fee (details of which are available on request) to transfer your mobile phone number to another network or service provider.

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, and you will not be required to pay an increased amount for the Services.

5. Our Rights to Bar or Disconnect Your Mobile Phone

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

5.1.1 any of the circumstances in Clauses ‎7.4, ‎7.5, ‎7.6, ‎7.7 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 card, your SIM Card and/or Mobile Phone; 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 ‎3.13 and, if applicable, a re-connection charge if the Services are temporarily barred and/or your Mobile Phone 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 the Tariff using the details we have recorded. The Tariff may change from time to time. You must pay to us 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 Phone and/or SIM Card e.g. charges for the voicemail service, itemised billing, etc. which will be charged as we shall advise. For Post Pay tariffs, Charges will be payable by direct debit on the dates notified to you following acceptance of your order and you must pay the Charges within 14 days of the date of any bill. 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.

6.2 We will provide Post Pay customers with regular bills (whether online or in hard copy by post) which, unless you have requested itemised billing (for which we may charge you in accordance with our Tariff), will only advise you of the total amount of Charges.

6.3 You must pay to us all the Charges arising under this Agreement whether incurred by you or anyone else using your Mobile Phone and/or SIM Card (with or without your knowledge), including all Charges which relate to any Additional Services which you have requested from time to time at the times and in the manner set out in this Agreement even when such Charges exceed any Credit Limit imposed upon your account.

6.4 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.

6.5 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.

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

6.7 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 ‎6.14.

6.8 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.

6.9 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 the applicable tariff(s) for each chargeable period the call is active.

6.10 Where tariffs include 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.

6.11 Calls to your voicemail and any of our customer service lines will be chargeable in accordance with the Tariff and will not 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.

6.12 A standard text message contains up to 160 characters. Some handsets 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.

6.13 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 100kb. 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.

6.14 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 in accordance with the Tariff. Inclusive allowances may not be used for calls to certain countries and certain international numbers. More detailed information can be found in the Tariff. Inclusive allowances cannot be used whilst outside the UK.

6.15 For Post Pay tariffs, Charges are payable to us by direct debit. Credit or Debit Card will be used in the event that your Direct Debit fails. If a direct debit 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 (which may include third party charges levied on us). We may consider accepting payment other than by Direct Debit but we will then charge you an administration fee each month.

6.16 For any overdue payments we may charge interest (both before or 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. We shall also be entitled to charge you as compensation for our losses an amount equal to the costs that we incur as a result of your late payment or non-payment of any money you owe us (which may include third party charges levied on us).

6.17 If we advise you of the amount on your account from time to time this is an estimate based on the information we have received to date. We are not liable for, and you must pay, the estimated Charges and any Charges that exceed the estimate.

6.18 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 will be a valid discharge of your liability to pay such bills or invoices under this Agreement.

6.19 We reserve the right to increase/decrease our Charges from time to time and/or introduce new charges from time to time in accordance with Clause Error! Reference source not found.

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

6.19 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.

6.20 You will have to pay for SIM Cards or replacement SIM Cards at the price as stated in our Tariff at that time.

7. Your Responsibilities

7.1 You agree to use your Mobile Phone, SIM Card and the Services in the way described in 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 number, code or any associated number or agree to transfer them to anyone else without our consent.

7.2 If the SIM Card or the Mobile Phone is lost, stolen, damaged, destroyed or used in an unauthorised manner we may charge you the amount specified in the Tariff for reconnection. You will be responsible for any Charges incurred as a result of unauthorised use of the Mobile Phone or the SIM Card, or the information contained within your SIM Card, until we have suspended the Services. 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 damage to or loss or theft of your Mobile Phone and SIM Card;

7.3.2 to inform our customer services as soon as possible on 0870 071 5888 if the Mobile Phone or 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 only use a Mobile Phone of a make and type provided by us for use with the Services. 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 is 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;

7.5.4 to generate Artificially Inflated Traffic; or

7.5.5 other than in accordance with the acceptable use policies of the Network and (if appropriate) any relevant Internet standards.

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 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.

7.9 Where a Mobile Phone is restricted to use on the Network we reserve the right to apply a charge for releasing or unlocking the Mobile Phone. Details of the charge are available by calling Customer Services.

8. Suspension and Ending the Agreement

8.1 In addition to anything else we can do, we may end the Agreement and/or suspend the Services and/or bar your Mobile Phone and/or SIM Card at any time without telling you and without incurring any liability to you if:

8.1.1 you use the Services, or 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 ‎7.4, ‎7.5, ‎7.6 or ‎7.7 and you do not correct the situation within 7 days of our request;

8.1.2 bankruptcy or insolvency proceedings are brought against you, or if an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation;

8.1.3 you fail to pay the Charges when they are due including any deposit we have asked for and you do not put it right within 7 days of our request;

8.1.4 you break this Agreement in any material way and you do not put it right within 21 days of our request;

8.1.5 we have reasonable cause to suspect fraudulent use of your Credit or Debit Card (or those of any other person) has occurred to purchase the Mobile Phone, the SIM Card and/or the Services;

8.1.6 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;

8.1.7 If you do anything (or allow anything to be done) which we think may damage or affect the operation of the networks;

8.1.8 your Credit Limit is exceeded;

8.1.9 you notify us that your Mobile Phone or SIM Card has been lost or stolen;

8.1.10 for reasons outside of our control; or

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

8.2 If we suspend the Services, we will not provide it again until you confirm that you will use the Services only as agreed in this Agreement.

8.3 You must pay a re-connection charge of £10.00 if the Services are temporarily suspended for the reasons stated in Clauses ‎8.1.1 to ‎8.1.9 above.

8.4 Subject to clause ‎8.5, you may end this Agreement immediately by notifying us if:-

8.4.1 we break this Agreement in any material way and do not put it right within 21 days of being asked in writing to do so;

8.4.2 all of the Services are permanently no longer available to you;

8.4.3 we change this Agreement to your significant disadvantage (in our reasonable opinion) in accordance with clause Error! Reference source not found. provided you give us a minimum of 14 days' notice by contacting us in accordance with Clause ‎8.10 and provided you notify us within 30 days of our telling you about the changes; or

8.4.4 monthly (or other periodic) Charges are increased under Clause Error! Reference source not found. provided you give us a minimum of 14 days’ notice by contacting us in accordance with Clause ‎8.10 and provided 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.

8.5 Your right to end this Agreement set out in clause ‎8.4 does not apply if:

8.5.1 the changes to this Agreement made under clause ‎8.4.3 are made as a direct result of new law or regulation;

8.5.2 the increase to Charges made under clause ‎8.4.4 are made as a direct result of new law or regulation including or an increase in taxes (including VAT) which we are obliged to add to the Charges; or

8.5.3 the increase to Charges made under clause ‎8.4.4 (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.

8.6 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) line rental charges for any Minimum Period which remains to run.

8.7 If this Agreement is ended:

8.7.1 your mobile device will be disconnected;

8.7.2 you will no longer be entitled to use your mobile device number;

8.7.3 your SIM Card must be returned in good condition to us;

8.7.4 you must immediately pay all Charges outstanding at disconnection;

8.7.5 unless you have ended the Agreement in accordance with Clause ‎2.1 or Clause ‎8.4 (except where excluded under clause ‎8.5), you must immediately pay us by way of damages for loss of contract the monthly (or other periodic) charges for any remaining Minimum Period or if the Minimum Period has expired you must immediately pay us also by way of damages for loss of contract the monthly (or other periodic) charge for a further calendar month; and

8.7.6 we will repay any deposit you have given us, but only if you do not owe us any money. No interest will be payable.

8.8 After this Agreement is ended you must pay all Charges incurred during this Agreement (including any payment due from you to us in accordance with Clause ‎8.9 below).

8.9 If you breach this Agreement, and we ignore your breach or the Services are suspended, we can still end this Agreement if you breach it again.

8.10 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. In any case, to terminate you must write to us at the address set out in clause Error! Reference source not found. stating your name, address, Mobile Phone number and account number.

9. Limitation of Liability

9.1 We do not exclude or limit liability (i) if you are injured or die as a result of our negligence or that of our servants, agents or employees or (ii) for fraud or fraudulent misrepresentation. Nothing in this Clause ‎9 shall exclude or restrict our liability in respect of any liability that we cannot exclude or restrict by law.

9.2 Other than for death or personal injury or for fraud or fraudulent misrepresentation, any liability we have of any sort (including any liability because of our negligence) is limited to £1,000 for any one event or series of related events, and to £2,000 in total for all incidents in any 12 month period.

9.3 Other than for death or personal injury, we shall not be liable to you under, or in connection with this Agreement whether or not as a result of our negligence in contract, tort, pre-contract or other representations or otherwise for any indirect or consequential loss, loss of business, revenue, profits, savings you expected to make, contracts, expenses, or for any other purely financial loss.

9.4 Other than for death or personal injury we have no liability under this Agreement unless we agree otherwise, for any data being lost, or harmed unless as a result of our negligence.

9.5 Each provision of this Clause ‎9 excluding or limiting liability operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply and they continue to apply notwithstanding the expiry or termination of our agreement.

10. Matters beyond our reasonable control

10.1 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.

11. Use and Disclosure of Information

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

11.2 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 which may include the numbers you call, the type, date, time, location, duration, cost of calls, messages or other communications, the addresses you send messages to and information about your browsing activities when visiting one of our web, WAP or similar sites together with general information about the way you pay and manage your account. We may share Your Information with: companies within the Best Buy Group and any company or other entity in which The Carphone Warehouse Group PLC ("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, in which case 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. In addition, we may share Your Information with a third party insurance company if you decide to take out insurance with them through us.

11.3 Your Information may be held and used by us for a number of purposes and we may use third parties to support us with or to perform any such purposes on our behalf or as our agent (and we may share Your Information with such third parties) and such purposes include, without limitation:

11.3.1 processing your orders or applications; administering your account and charging or 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;

11.3.2 carrying out market and product analysis of your Information to develop and improve and to tell you about our and Best Buy Group’s products and services, new developments, special offers, discounts and awards which we believe may be of personal interest to you. 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 apply to enter into this Agreement or subsequently; 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;

11.3.3 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 Best Buy Group’s loyalty or reward programmes and other similar schemes;

11.3.4 carrying out any activity or disclosure in connection with a legal, governmental, national security or regulatory requirement on us or CPW 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

11.3.1 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.

11.4 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:

11.4.1 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;

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

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

11.5 We may administer your account and provide other services (including sales and debt collections services) from centres in countries outside Europe that do not always have the same standard of data protection laws as the UK. However, we will have appropriate safeguards in place to ensure that your information is adequately protected, and we will remain bound by our obligations under the Data Protection Act even when your personal information is processed outside of Europe.

11.6 If you wish to use our products or services abroad, for example, if you wish to roam on a network abroad, your Information may be transferred outside the European Union to that country. Our web, WAP and similar sites may also be based on servers located outside of the European Union. Please note that the data protection and other laws of countries outside the European Union may not protect you as well as those within the European Union.

11.7 We may use your information for the purpose of testing our internal systems and developing new products and services.

11.8 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.

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

11.10 If you would like us to tell you what information we hold about you, please write to: The Data Protection Office, Talkmobile C/o The Carphone Warehouse, 1 Portal Way, London W3 6RS. We may charge a £10.00 administration fee; please quote your mobile and account number on all requests. You can also call us on 0870 071 5888 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. Any change to your preferences may take up to thirty (30) days to implement.

11.11 If you do not wish your details to be used for the purposes described in Clauses ‎11.2 and ‎11.3, please write to us at Talkmobile, P.O. Box 347, Unit 19, Southampton, SO30 2PZ, 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 ‎11.3 in respect of agreements relating to other products and/or services. Any change to your preferences may take up to thirty (30) days to implement.

11.12 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, Best Buy Group or third parties contacting you for any of the above purposes whether by telephone, email, MMS, 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.

11.13 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 Services 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.

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

11.4 If you have registered your account with us, 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 SIM Card or it is stolen from you. Please contact us at the above address 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. Internet Access

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

12.2 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 Phone and the information stored on your Mobile Phone. These programs may perform actions that you have not authorised, possibly without your knowledge.

12.3 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 Phone 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.

12.4 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.

12.5 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.

12.6 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.

12.7 For all tariffs, when your Mobile Phone is connected, it will have been programmed so that you are barred from accessing Content that we deem to be ‘adult’. The ability to use such 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 Mobile Phone unbarred, then you should call us on 0870 071 5888. We may ask you to make a payment by credit or debit card or pursuant to clause 3.11 ask you to pay a deposit.

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

13. Changing the Agreement

13.1 We can change the conditions of this Agreement including any Charges at any time. We will give you notice of any changes (to the extent that they are to your significant disadvantage or relate to an increase in the Charges) either by writing to you, sending you an SMS, publishing them in the "Buyer's Guide" available in stores owned or operated by CPW Group (or by writing to us at the address set out in clause 14.11) or by posting them on our Website. You may then be able to end this Agreement in accordance with Clause 8.4. The changes will not affect an Agreement ended in this way.

13.2 This Agreement supersedes all prior arrangements, understandings and agreements between the parties relating to the provision of the Services and sets out the entire agreement between the parties. Neither Party has relied on any representation arrangement understanding or agreement (whether written or oral) not expressly set out in this Agreement. In the event of any dispute, the Agreement as then accessible on the Website shall take precedence.

14. General

14.1 You cannot transfer or try to transfer this Agreement to anyone else unless we agree in writing. We can transfer the benefit and you agree that we can transfer the obligation under this Agreement to any third party (including, without limitation, any member of the CPW Group).

14.2 We reserve the right to transfer this Agreement to any third party at any time. You may not transfer this Agreement to anyone else unless we have agreed in writing beforehand and we shall not unreasonably withhold such agreement.

14.3 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.

14.4 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.

14.5 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 Tariff guide 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.

14.6 For your own protection, you must keep confidential the electronic serial number of your mobile phone, any lock code(s) associated with your Mobile Phone, 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.

14.7 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 Phone. Depending upon the manufacturer and model, your Mobile Phone may send information stored on it and receive information to and from certain third parties without your knowledge.

14.8 If you need to send notices to us these must be in writing and can be (i) delivered by hand or sent by first class post to our address as stated in clause 14.11 or (ii) sent by e-mail, which must be sent to us at info@talkmobile.co.uk or by completing the Contact Us form on our Website. If we need to send notices to you these must be in writing and can be (i) delivered by hand or posted to your address as stated on the order form or given to us during the application process (ii) sent by SMS, which must be sent to your mobile phone number, or (iii) sent by e-mail, which must be sent to you at the address stated in your application form or given to us during the application process or any other e-mail address that you supply to us for the purpose. 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.

14.9 We or our agents may monitor or record your calls, emails, MMS or SMS messages for our lawful business purposes, such as quality control and training, to prevent unauthorised use of our telecommunications systems, to ensure effective systems operation and in order to prevent or detect crime.

14.10 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.

14.11 You may address any complaints in writing to: Talkmobile, P.O. Box 347, Unit 19, Southampton, SO30 2PZ. Please include your mobile phone and account number in any correspondence.

14.12 These conditions also apply if you lend or give your Mobile Phone to someone else.

14.13 This Agreement is subject to the law of the relevant part of the United Kingdom and the English Courts have exclusive jurisdiction.

14.14 Except in the case of any permitted assignment of this Agreement under Clause 14.1, a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any clause of this Agreement.

14.15 Calls to our telephone numbers may be monitored or recorded.

Click here to see - Equipment terms and conditionsEquipment terms and conditions

In these terms and conditions of supply:

"Airtime Contract" means a contract entered into between you and your Network Operator relating to the provision of the Services under the terms of the Network Terms and Conditions above;

"Equipment" means equipment including, without limitation, your Mobile Phone, Smart Phone (including any Handset Upgrade) and accessories (but not including your SIM Card) provided to you by us;

"Handset Upgrade" means the issue of a new handset to you to use in conjunction with your Airtime Contract for the Minimum Period;

"Network Operator" means a Network provider nominated by us to you into which you have entered any Airtime Contract;

"Smart Phone" means PDA, MDA, XDA, Blackberry and similar devices and any accessories included in the price of your device provided to you by us;

"we" or "us" means The Carphone Warehouse Limited (registered no. 2142673) of 1 Portal Way, London, W3 6RS; 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.

Other defined terms used in these Equipment Terms and Conditions shall have the meanings given to them in the Network Terms and Conditions.

All orders for Equipment from you accepted by us are subject exclusively and strictly to the following conditions and no alterations proposed by you shall be binding unless we agree in writing.

1. Orders and specifications

The provisions of paragraph 1 of our terms and conditions of sale printed on the reverse of your invoice apply.

2. Price of equipment

The provisions of paragraph 2 of our terms and conditions of sale printed on the reverse of your invoice apply.

3. Terms of payment

The provisions of paragraph 3 of our terms and conditions of sale printed on the reverse of your invoice apply.

4. Risk and property

The provisions of paragraph 4 of our terms and conditions of sale printed on the reverse of your invoice apply.

5. Warranties and replacements

The provisions of paragraph 5 of our terms and conditions of sale printed on the reverse of your invoice apply.

7. Liability

7.1 We do not exclude or limit liability if you are injured or die as a result of our negligence or that of our servants, agents or employees or for fraud or fraudulent misrepresentation. Nothing in this Clause ‎7 shall exclude or restrict our liability in respect of any liability which we cannot exclude or restrict by law.

7.2 Other than for death or personal injury or for fraud or fraudulent misrepresentation, any liability we have of any sort (including any liability because of our negligence) is limited to the amount paid by you to us for the Equipment.

7.3 Other than for death or personal injury, we shall not be liable to you under, or in connection with these Terms and Conditions whether or not as a result of our negligence in contract, tort, pre-contract or other representations or otherwise for any indirect or consequential loss, loss of business, revenue, profits, savings you expected to make, contracts, expenses, or for any other purely financial loss.

7.4 Other than for death or personal injury we have no liability under this Agreement unless we agree otherwise, for any data being lost, or harmed unless as a result of our negligence.

7.5 Each provision of this Clause ‎7excluding or limiting liability operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply and they continue to apply notwithstanding the expiry or termination of our agreement.

8. Default under and termination of your Airtime Contract

8.1 Except if you are a SIM Only customer, if (i) within 7 working days of receipt of your Equipment, you have failed to arrange connection of the Equipment to the Network if it is not already connected; (ii) you move onto a tariff which offers a lower rate monthly subscription during the Minimum Period; (iii) your Network Operator ends the Airtime Contract in accordance with its terms (including not limited to where you have failed to fulfill your payment obligations during the Minimum Period); (iv) you end the Airtime Contract for any reason within 9 months (if your Minimum Period is 12 months or more) or within your Minimum Period (if your Minimum Period is less than 12 months) or (v) you have been issued with a new Mobile Phone/Smart Phone to use in conjunction with your Airtime Contract for a new Minimum Period and you have not used the new Mobile Phone/Smart Phone within 30 days of receipt, and the relevant tariff includes a discounted Mobile Phone/Smart Phone, you must in addition to paying any other charges under the Airtime Contract either:

8.1.1 return the Mobile Phone/Smart Phone to us by sending it special delivery to Direct Returns, CPW Logistics Centre, Bilston Road, Wednesbury, W Midlands, WS10 7JN; or

8.1.2 keep the Mobile Phone/Smart Phone, in which case you agree to pay us the amount of the discount being the handset only purchase price of the Mobile Phone/Smart Phone less the amount paid by you at the time of purchase for the Mobile Phone/Smart Phone.

9. Your personal data

The provisions of paragraph 9 of our terms and conditions of sale printed on the reverse of your invoice will apply.

10. General

10.1 The provisions of paragraph 10 of our terms and conditions of sale printed on the reverse of your invoice apply.

10.2 Calls to our telephone numbers will be charged at standard rates and may be monitored or recorded.

Returns and ExchangeReturns 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 useWebsite 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

Pay As You Go + RewardsPay 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 21 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 or upon usage.

5. If you use all your Globetalker minutes within 30 days, you will be able to receive more rewards within 48 hours following your next top-up.

6. 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.

Fair Use PolicyFair Use Policy

Unlimited Texts

1. Some Pay Monthly contract and SIMple texter tariffs include “Unlimited” UK Texts.

2. 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.

3. The “Unlimited” UK Texts offer is subject to a fair use policy of 3000 texts per monthly bill cycle.

4. If you are sending an unusual number of texts in excess of 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

1. Where a tariff includes “Unlimited” calls include calls, only calls made to standard UK mobile and landline numbers whilst in the UK are included in the “unlimited allowance”.

2. Calls to premium rate numbers are excluded from the allowance, as are calls to UK numbers made when roaming.

3. 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 Mobile Internet (included in tariff allowance)

1. Some Pay Monthly contract and SIMple tariffs include “Unlimited” mobile internet access as part of the tariff allowance.

2. “Unlimited” mobile internet is subject to a fair usage policy of 500MB per monthly billing cycle, and then subject to a charge of £1 per MB thereafter.

2.3. You will be notified by text message when you are approaching the fair use policy threshold and advised that charging will apply if this threshold is exceeded.


Unlimited Mobile Internet (30p daily access)

1. Where “Unlimited” mobile internet is NOT included as part of Pay monthly contract, SIMple and Pay As You Go tariffs, customers can use “Unlimited” mobile internet for a maximum daily charge of 30p.

2. “Unlimited” mobile internet is subject to a fair usage policy of 25MB per day, and then subject to a charge of £1 per MB thereafter.

3. You will be notified by text message when you are approaching the fair use policy threshold and advised that charging will apply if this threshold is exceeded.

50% Extra Free Promotion50% Extra Free Promotion

Terms & Conditions

1. 50% Extra free promotion valid from 15th January 2010 – 28th February 2010 (inclusive).

2. Eligible customers must be opted in to receive pay as you go “Globetalker” rewards.

3. Customers must top-up £20 during the promotional period to receive 50% extra free international minutes.

4. Eligible customers will receive 300 international minutes with a £20 top-up instead of 200 minutes, during the promotional period.

5. Globetalker free International minutes can be used to call all countries as specified on Talkmobile.co.uk/rewards

PAYG Online Prize DrawPAYG Online Prize Draw

Terms and Conditions for prize promotions (over 18 only)
By entering this prize promotion, you accept and agree to be bound by the following terms and conditions:

1. You will be automatically entered into this prize promotion when you purchase a new Pay As You Go SIM with a minimum £5 top-up from Talkmobile.co.uk. Only orders placed online at Talkmobile.co.uk will apply.

2. The prize promotion is open to UK residents (excluding Northern Ireland) aged 18 years or over except employees (and their families) of Talkmobile, The Carphone Warehouse Ltd, and any affiliates, subsidiary companies, as well as representatives or agents of Talkmobile or anyone else who may be involved or connected with the prize promotion. Any entries submitted by agents or third parties shall be invalid and not be accepted by the Promoter.

3. An entrant cannot enter on behalf of someone else. Only one applicable entry per person.

4. An entry will be void if it is reasonably deemed by Talkmobile to have been made by an ineligible person or if is incomplete. Talkmobile may request such information as it considers necessary or desirable for the purposes of verifying eligibility or the validity of any entry and any prize may be withheld unless and until Talkmobile is satisfied with the verification.

5. In the event of fraud, abuse, and/or an error affecting the proper operation of this Prize Draw, including the allocation of more prizes than are available, Talkmobile reserves the right to end or suspend the Prize Draw; amend these terms & conditions; declare void the notification of winner(s); and/or to allocate available prizes by conducting a simple draw from all wrongly allocated winners.

  • 1st prize = 1 x MINI First 1.4, Chili Red
  • 2nd prize = 1 x Macbook Pro, 13”, 4gb laptop
  • 3rd prize = 1 x Panasonic Lumix TZ7 digital camera (brown)

7. The prize promotion closing date is midnight on 30th November 2009, and any entries received after 30th November 2009 will not be accepted by the Promoter.

8. The winning entries will be selected by an independent judge selected at random on Friday 11th December 2009 and the winner(s) will be notified by email and/or phone within 1 week of selection.

9. Details of the name of each winner will be available after Friday 18th December 2009 and for three months thereafter by sending a signed request along with a stamped self-addressed envelope to the Promoter. Talkmobile Pay As You Go Online Prize Draw, PO Box 347, Unit 19, Southampton, SO30 2PZ.

10. Submission of entries will not constitute proof of receipt and no responsibility will be accepted by the Promoter for entries which the Promoter does not receive. The Promoter shall not be liable for any loss or corruption of data in transit. No responsibility will be accepted for entries which are lost, delayed or damaged in the post or elsewhere. Illegible, incomplete, late or defaced entries will be disqualified.

11. The prize(s) must be taken as offered. No cash equivalent or other alternative prizes are available in whole or in part except as provided for in these terms and conditions.

12. All prizes are non-transferable. The Promoter reserves the right to substitute the prize(s) with prize(s) of an equivalent value should prize(s) become unavailable for any reason. The Promoter shall use reasonable effort to contact the winner(s) through the means specified in these terms and conditions. If the Promoter is unable to contact any winner within a reasonable period of such a winner having been selected, or if any winner is unable for whatever reason to accept the prize(s), then the Promoter reserves the right to award the prize(s) to another participant.

13. In order to claim their prize(s), each winner agrees to participate in any publicity or other such promotional activities which the Promoter may reasonably require in connection with the prize promotion and the Promoter shall have the right to use each winner’s name, likeness, image, voice and biographical information for advertising and promotional purposes in connection with the prize promotion in all media without further notice and without the need to make any payment to such a winner for such use.

14. The decision of the Promoter is final and binding and no correspondence will be entered into regarding the outcome of the prize promotion.

15. Promoter: Talkmobile, a company incorporated under the laws of England with a registration number 04154716 with its registered address at 1 Portal Way, London, W3 6RS.

16. This promotion is governed by English Law and is subject to the exclusive jurisdiction of the English courts

Click here to see - Top-up prize draw terms & conditions (end January 31st)Top-up prize draw terms & conditions (end January 31st)



Terms and Conditions for prize promotions
By entering this prize promotion, you accept and agree to be bound by the following terms and conditions:

1. You will be automatically entered into this prize promotion if your cumulative top-ups between the 1st January 2010 – 31st January 2010 inclusive are £20 or more, promotional top-up or credits are excluded from this offer.

2. The prize promotion is open to UK residents aged 16 years or over except employees (and their families) of [Talkmobile] and any affiliates, subsidiary companies, as well as representatives or agents of [Talkmobile] or anyone else who may be involved or connected with the prize promotion. Any entries submitted by agents or third parties shall be invalid and not be accepted by the Promoter.

3. An entry will not be eligible if it is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous, in breach of any third party intellectual property rights or illegal or otherwise in [Talkmobile’s] reasonable opinion not suitable to be published.

4. An entrant cannot enter on behalf of someone else. Only one applicable entry per person.

5. An entry will be void if it is reasonably deemed by [Talkmobile] to have been made by an ineligible person or if is incomplete. [Talkmobile] may request such information as it considers necessary or desirable for the purposes of verifying eligibility or the validity of any entry and any prize may be withheld unless and until [Talkmobile] is satisfied with the verification.

6. The prize promotion closing date is midnight on 31st January 2010 and any entries received after the 31st of January 2010 will not be accepted by the Promoter.

7. The winning entries will be selected by an independent judge on the 15th February 2010 and the winner(s) will be notified by by SMS and/or phone within 1 week of selection

8. Winners will be drawn at random and will receive one prize of £1,000, there are 3 prizes of £1,000 in this promotion.

9. Details of the name of each winner will be available from the 28th February 2010 and for three months thereafter by sending a signed request along with a stamped self-addressed envelope to the Promoter: Attention TalkMobile Marketing, Talkmobile Top Up Prize Draw, 1 Portal Way, London, W3 6RS.

10. The Promoter shall use reasonable effort to contact the winner(s) through the means specified in these terms and conditions. The Promoter reserves the right to redraw prizes if winners cannot be contacted within 3 attempts.

11. Submission of entries will not constitute proof of receipt and no responsibility will be accepted by the Promoter for entries which the Promoter does not receive. The Promoter shall not be liable for any loss or corruption of data in transit. No responsibility will be accepted for entries which are lost, delayed or damaged in the post or elsewhere. Illegible, incomplete, late or defaced entries will be disqualified.

12. The prize(s) must be taken as offered. No alternative prizes are available in whole or in part except as provided for in these terms and conditions.

13. All prizes are non-transferable. The Promoter reserves the right to substitute the prize(s) with prize(s) of an equivalent value should any prize(s) become unavailable for any reason.

14. Prizes will not be paid in cash, each winner must have a valid UK bank account and nominate this account for the prize transfer.

15. Each winner agrees to participate in any publicity or other such promotional activities which the Promoter may reasonably require in connection with the prize promotion and the Promoter shall have the right to use each winner’s name, likeness, image, voice and biographical information for advertising and promotional purposes in connection with the prize promotion in all media without further notice and without the need to make any payment to such a winner for such use.

16. The decision of the Promoter is final and binding and no correspondence will be entered into regarding the outcome of the prize promotion.

17. Promoter: Talkmobile, a company incorporated under the laws of England with a registration number 04154716 with its registered address at 1 Portal Way, London, W3 6RS.

Click here to see - Top-up prize draw terms & conditions (end December 15th)Top-up prize draw terms & conditions (end December 15th)



Terms and Conditions for prize promotions
By entering this prize promotion, you accept and agree to be bound by the following terms and conditions:

1. You will be automatically entered into this prize promotion if your cumulative top-ups between the 16th November 2009 – 15th December 2009 inclusive are £20 or more, promotional top-up or credits are excluded from this offer.

2. The prize promotion is open to UK residents aged 16 years or over except employees (and their families) of [Talkmobile] and any affiliates, subsidiary companies, as well as representatives or agents of [Talkmobile] or anyone else who may be involved or connected with the prize promotion. Any entries submitted by agents or third parties shall be invalid and not be accepted by the Promoter.

3. An entry will not be eligible if it is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous, in breach of any third party intellectual property rights or illegal or otherwise in [Talkmobile’s] reasonable opinion not suitable to be published.

4. An entrant cannot enter on behalf of someone else. Only one applicable entry per person.

5. An entry will be void if it is reasonably deemed by [Talkmobile] to have been made by an ineligible person or if is incomplete. [Talkmobile] may request such information as it considers necessary or desirable for the purposes of verifying eligibility or the validity of any entry and any prize may be withheld unless and until [Talkmobile] is satisfied with the verification.

6. The prize promotion closing date is midnight on 15th December 2009 and any entries received after the 15th December 2009 will not be accepted by the Promoter.

7. The winning entries will be selected by an independent judge on the 21st December 2009 and the winner(s) will be notified by by SMS and/or phone within 1 week of selection

8. Winners will be drawn at random and will receive one prize of £1,000, there are 3 prizes of £1,000 in this promotion.

9. Details of the name of each winner will be available from the 31st December 2009 and for three months thereafter by sending a signed request along with a stamped self-addressed envelope to the Promoter: Attention TalkMobile Marketing, Talkmobile Top Up Prize Draw, 1 Portal Way, London, W3 6RS.

10. The Promoter shall use reasonable effort to contact the winner(s) through the means specified in these terms and conditions. The Promoter reserves the right to redraw prizes if winners cannot be contacted within 3 attempts.

11. Submission of entries will not constitute proof of receipt and no responsibility will be accepted by the Promoter for entries which the Promoter does not receive. The Promoter shall not be liable for any loss or corruption of data in transit. No responsibility will be accepted for entries which are lost, delayed or damaged in the post or elsewhere. Illegible, incomplete, late or defaced entries will be disqualified.

12. The prize(s) must be taken as offered. No alternative prizes are available in whole or in part except as provided for in these terms and conditions.

13. All prizes are non-transferable. The Promoter reserves the right to substitute the prize(s) with prize(s) of an equivalent value should any prize(s) become unavailable for any reason.

14. Prizes will not be paid in cash, each winner must have a valid UK bank account and nominate this account for the prize transfer.

15. Each winner agrees to participate in any publicity or other such promotional activities which the Promoter may reasonably require in connection with the prize promotion and the Promoter shall have the right to use each winner’s name, likeness, image, voice and biographical information for advertising and promotional purposes in connection with the prize promotion in all media without further notice and without the need to make any payment to such a winner for such use.

16. The decision of the Promoter is final and binding and no correspondence will be entered into regarding the outcome of the prize promotion.

17. Promoter: Talkmobile, a company incorporated under the laws of England with a registration number 04154716 with its registered address at 1 Portal Way, London, W3 6RS.

Click here to see - Top-up prize draw terms & conditions (end November 15th)Top-up prize draw terms & conditions (end November 15th)



Terms and Conditions for prize promotions By entering this prize promotion, you accept and agree to be bound by the following terms and conditions:

1. You will be automatically entered into this prize promotion if your cumulative top-ups between the 16th October 2009 – 15th November 2009 inclusive are £20 or more, promotional top-up or credits are excluded from this offer.

2. The prize promotion is open to UK residents aged 16 years or over except employees (and their families) of [Talkmobile] and any affiliates, subsidiary companies, as well as representatives or agents of [Talkmobile] or anyone else who may be involved or connected with the prize promotion. Any entries submitted by agents or third parties shall be invalid and not be accepted by the Promoter.

3. An entry will not be eligible if it is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous, in breach of any third party intellectual property rights or illegal or otherwise in [Talkmobile’s] reasonable opinion not suitable to be published.

4. An entrant cannot enter on behalf of someone else. Only one applicable entry per person.

5. An entry will be void if it is reasonably deemed by [Talkmobile] to have been made by an ineligible person or if is incomplete. [Talkmobile] may request such information as it considers necessary or desirable for the purposes of verifying eligibility or the validity of any entry and any prize may be withheld unless and until [Talkmobile] is satisfied with the verification.

6. The prize promotion closing date is midnight on 15th November 2009 and any entries received after the 15th November 2009 will not be accepted by the Promoter.

7. The winning entries will be selected by an independent judge on the 23rd November 2009 and the winner(s) will be notified by by SMS and/or phone within 1 week of selection

8. Winners will be drawn at random and will receive one prize of £1,000, there are 3 prizes of £1,000 in this promotion.

9. Details of the name of each winner will be available from the 30th November 2009 and for three months thereafter by sending a signed request along with a stamped self-addressed envelope to the Promoter: Attention TalkMobile Marketing, Talkmobile Top Up Prize Draw, 1 Portal Way, London, W3 6RS.

10. The Promoter shall use reasonable effort to contact the winner(s) through the means specified in these terms and conditions. The Promoter reserves the right to redraw prizes if winners cannot be contacted within 3 attempts.

11. Submission of entries will not constitute proof of receipt and no responsibility will be accepted by the Promoter for entries which the Promoter does not receive. The Promoter shall not be liable for any loss or corruption of data in transit. No responsibility will be accepted for entries which are lost, delayed or damaged in the post or elsewhere. Illegible, incomplete, late or defaced entries will be disqualified.

12. The prize(s) must be taken as offered. No alternative prizes are available in whole or in part except as provided for in these terms and conditions.

13. All prizes are non-transferable. The Promoter reserves the right to substitute the prize(s) with prize(s) of an equivalent value should any prize(s) become unavailable for any reason.

14. Prizes will not be paid in cash, each winner must have a valid UK bank account and nominate this account for the prize transfer.

15. Each winner agrees to participate in any publicity or other such promotional activities which the Promoter may reasonably require in connection with the prize promotion and the Promoter shall have the right to use each winner’s name, likeness, image, voice and biographical information for advertising and promotional purposes in connection with the prize promotion in all media without further notice and without the need to make any payment to such a winner for such use.

16. The decision of the Promoter is final and binding and no correspondence will be entered into regarding the outcome of the prize promotion.

17. Promoter: Talkmobile, a company incorporated under the laws of England with a registration number 04154716 with its registered address at 1 Portal Way, London, W3 6RS.

Code of practiceCode of practice

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Talk Mobile Limited is a Limited Liability Company registered in England and Wales under the number 04154716 and VAT NO 927 2265 20
with registered office located at 1 Portal Way, London W3 6RS. Copyright © 2009 Talk Mobile Limited