THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING www.goldsims.co.uk WEBSITE.
A) Terms and Conditions of Site use
B) Purchasing your mobile number(s)
C) General Provisions relating to use of the Site and sale of mobile numbers
INTRODUCTION
By using the website goldsims.co.uk, you agree, without limitation or qualification, to be bound by these terms and conditions known as "Terms and Conditions". If you do not agree with these Terms and Conditions, you may not access, browse and/or use our Site and must navigate away from it now.
"Us", "We", “Our” means Olytrad Ltd, trading as goldsims.co.uk.
“Site” means any website or domain name owned and managed by Olytrad Ltd.
USER CONDUCT
In consideration of the availability and your use of our Site, you agree to comply with all applicable laws and these Terms and Conditions when using our Site. You acknowledge that we might investigate any violations of the law and may also cooperate with any law enforcement authorities with regard to prosecuting users. Also, you must agree:
Not to post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Site in a manner which is contrary to the law or would serve to restrict or prohibit any other user from using or enjoying the Site.
1. Any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
2. Any claim by any third party that the use of the Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
A) Although goldsims.co.uk aims to offer you the best service possible, we make no promise that the Site will meet your requirements. Goldsims cannot guarantee that the Site will be fault free. If a fault occurs in the Site you should report it to contact@goldsims.co.uk we reserve the right to withdraw our mobile numbers from sale at anytime.
B) We reserve the right, at our discretion, to modify, change, add, or remove portions of these Terms and Conditions at any time. Please check periodically for any changes. Your continued use of our Site following the posting of any changes to these Terms and Conditions will mean that you accept those changes.
C) We disclaim all liabilities in connection with the following:
1. incompatibility of the Site with any of your equipment, software or telecommunications links
2. Technical problems including errors or interruptions of the Site
3. unsuitability, unreliability or inaccuracy of the Site
4. Inadequacy of the Site to meet your requirements
D) To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site.
As a convenience to goldsims customers, the Site includes links to other web sites or material, which is beyond our control. Olytrad Ltd is not responsible for content on the Internet or World Wide Web or any other site outside the Site. You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Site, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Olytrad Ltd can assume no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Furthermore, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that we will not be held responsible or liable in any way for any losses or damages of any kind incurred as a result of, or in connection with, any such dealings or transactions.
Part of the Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material
You acknowledge and agree to be bound by the terms of our privacy policy:
Purchase of your chosen mobile number(s)
1. AVAILABILITY OF MOBILE NUMBERS
All numbers are subject to availability and become your responsibility for ensuring sufficient credit is added to the number to maintain use of the number when being used on a Pay As You Go basis.
Mobile Networks will suspend or remove mobile numbers which are dormant or without credit after certain periods. If you plan to use the SIM number infrequently, it is worthwhile checking the strike-off period with your mobile airtime provider. Olytrad Ltd will not be held responsible for numbers which ‘expire’ under the terms of airtime providers own contracts.
2. PRICES OF MOBILE NUMBERS
The prices payable for a mobile number are set out on the Site. Every effort is made to ensure that prices shown on the Site are correct. In the unlikely event that an error is made with the price shown on the Site, we will not be liable to supply the mobile number to you at the stated price.
3. PAYMENT FOR MOBILE NUMBERS
Payment can be made through PayPal using a credit or debit card or PayPal account; alternatively you can pay by Bank transfer, Cheque or Postal Order. Our liability to you in connection with any order will not exceed the total price charged for the relevant items.
All mobile numbers remain the property of Olytrad Ltd until payment has been received in full with cleared funds. We promise to refund any amount paid if the number on the sim card cannot be activated.
Olytrad Ltd reserves the right to change the price of a mobile number on our site at any time prior to purchase.
By purchasing a mobile number, you warrant that:
(a) all information you submit is true and correct (including without limitation all credit/debit card information), and
(b) you are the cardholder of the credit/debit card.
4. RESERVING MOBILE NUMBERS
A mobile number may be reserved for a period of 7 days without obligation to purchase. A deposit may be required.
5. DELIVERY
When you purchase a mobile number from us, we will deliver a SIM Card to the address specified by you on the completed order form or PayPal payment form.
Please note that we can only deliver SIM Cards within England, Scotland, Wales & Ireland. Your order will be delivered by Royal Mail special delivery which you will have to sign for. If you are unavailable when they call, a card will be left and you can pick up your items at your local postal depot within 21 days. We do our best to secure delivery within 7 days of the date of your order. Olytrad Ltd shall not be liable for loss occasioned by delay in delivery arising out of any cause beyond our control. For orders placed before 2pm we aim to deliver your order the next day (except for weekends and bank holidays). In all cases we aim to deliver within 3 working days. Ownership of the SIM Card will not pass to you until such time as we have received payment of the purchase price in full. Risk of damage to or loss of the SIM Card shall pass to you at the time of delivery of the SIM Card.
Wrong item(s) sent.
Please check your purchase and invoice carefully. You must contact us on 07999 123 888 or by email to sales@goldsims.co.uk within 24 hours of receipt of your order if you have received any incorrect item(s) or anything is missing from your Purchase.
6. ACTIVATING YOUR MOBILE NUMBER
The SIM Card will be connected to one of the main mobile phone networks. This SIM Card will in most cases work when you receive it. The SIM Card will come Un-registered or sometimes it will be registered to us for security purposes only, depending on the network and / or the particular SIM Card number. If registered to us, the details can simply be changed using the username and password that we will supply. We will supply you full instructions on how to register and/or transfer your number to a different network.
7. RIGHT FOR YOU TO CANCEL YOUR CONTRACT
You may cancel your contract with us for a mobile number at any time up to the end of the seventh working day from the date you receive the SIM Card. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
To cancel your contract you must notify us in writing, at our contact address. If you have received the SIM Card before you cancel your contract then you must send the SIM Card back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the SIM Card for delivery you must not unpack the SIM Card when it is received by you and you must send the SIM Card back to us at our contact address at your own cost and risk as soon as possible.
Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation provided that the SIM Card in question is returned by you and received by us in the condition it was delivered to you. If you do not return the SIM Card delivered to you or do not pay the cost of delivery, we shall be entitled to deduct the direct costs of recovering the SIM Card from the amount to be re-credited to you.
8. RIGHT FOR US TO CANCEL YOUR CONTRACT
We reserve the right to cancel the contract between us if:
(a) we do not have the mobile number you have ordered, or can not activate the number.
(b) One or more of the mobile numbers you have ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible (normally within 24 hours) but in any event within 14 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
9. LIABILITY
If the SIM Card delivered to you is damaged or defective, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 5 working days of the delivery of the SIM Card in question.
If you do not receive the SIM Card within 14 days of the date on which you ordered it, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 30 days of the date on which you ordered the SIM Card. If you notify a problem to us under this condition, our obligation will be at our option to make good any non-delivery, repair a SIM Card that is damaged or defective, or to refund to you the amount paid by you for the mobile number in question, save as precluded by law and the above clause we, including our licensors and affiliates, will not be liable to you for any direct, indirect or consequential loss, incidental special or exemplary damages or expenses (including loss of profits, savings, business or goodwill) however arising out of any action or default of any third party over which we have no control, nor will we be liable to refund to you the amount paid by you for the mobile phone number in question.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase a mobile number from our Site. We make no representation and accept no liability in respect of the export or import of the mobile number you purchase.
General Provisions relating to use of the Site and sale of mobile numbers
NOTICES
Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our postal address at Olytrad Ltd, The Old Bakery, High Street, Ninfield, Battle, East Sussex TN33 9JR.
ARBITRATION AND ACTIONS
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of our Site or your purchase of a mobile number or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in the United Kingdom and governed by English law as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the mobile communications field in the United Kingdom and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
MISCELLANEOUS
The rights under these Terms and Conditions are personal to you and you may not assign them to anyone. These Terms and Conditions constitute the entire Contract between Olytrad Ltd and you pertaining to your use of our Site, content and purchasing of mobile numbers and supersedes any prior agreements between you and Olytrad Ltd with respect to the subject matter hereof. Our failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. Olytrad Ltd reserves the right to amend our Terms and Conditions at anytime without displaying them on our Site.