THE FOLLOWING TERMS AND CONDITIONS COMPRISING:
SECTION A : DEFINITIONS
SECTION B : TERMS AND CONDITIONS OF SALE
SECTION C : TERMS AND CONDITIONS OF USING THE WEBSITE
SECTION D : GENERAL PROVISIONS
(together referred to as the “Terms and Conditions”)

ARE LEGALLY BINDING AND OUTLINE THE CONTRACT BETWEEN US AND YOU.  IT IS MOST IMPORTANT THAT YOU READ AND UNDERSTAND CLEARLY THESE TERMS AND CONDITIONS BEFORE MAKING A PURCHASE FROM THE METALLIC NUMBERS LIMITED WEBSITE FOUND AT WWW.METALLICNUMBERS.COM OR VIA WWW.METALLICNUMBERS.CO.UK

In these Terms and Conditions;

“Handset” means the device or equipment that allows you to send or receive telephone calls and/or any related mobile telecommunication services;

“Metallic Number®” or “Metallic Numbers®” means the goods and services offered for sale from this site, including the mobile telephone numbers that we offer for use regardless of grading or price.  The term Metallic Number® collectively includes all mobile telephone numbers referred to on our site as Personalised; Bronze Number (s); Silver Number (s); Gold Number (s); Platinum Number (s); Limited Edition Number (s); or Special Edition Number (s);

“Network” or “Network Service Provider” means the appropriate third party company or organisation that provides you with mobile airtime in order to send and receive calls and/or provides you with any other related services;

“Our” “Us” or “We” means the company trading as Metallic Numbers Limited;

“PAC“ or “Porting Authority Code” means the unique code generated and/or issued by each respective Network Service Provider that permits a particular mobile telephone number to be rerouted and/or transferred to another Network;

“SIM” or “Subscriber Identity Module” means the microchip that is required in every mobile handset in order to allow you to connect to a Network;

“Site” means the websites www.metallicnumbers.com and www.metallicnumbers.co.uk ; and

“You” means either you as an individual or acting on behalf of, and/or representing, a group, business, company, organisation or any other legal entity.

• Words in the singular include the plural and vice versa;
• A reference to one gender includes a reference to another gender; and
• Clause headings do not affect the interpretations of these Terms and Conditions.
• Reference to clause or Clause refers to a clause in these Terms and Conditions.

In no particular order of Importance or Merit. 

AN INTRODUCTION

Listed below are the present Terms and Conditions that we operate under as the company trading under the name Metallic Numbers Limited.  It is important that you take the necessary time to familiarise yourself with the contents of these Terms and Conditions and that you not only clearly understand them but that you absolutely agree, without limitation or qualification, to be bound by them and/or any other additional or alternative terms, conditions, policies and/or rules that may be introduced.  When purchasing a Metallic Number™ from our site you will be asked specifically that you have read and understood these Terms and Conditions and that you willingly agree to be legally bound by them.  Please DO NOT declare to have read and understood the contents of these Terms and Conditions if you have not, as no argument shall be accepted or entertained at any subsequent later date that you were not aware of any particular points contained herein due to you not reading and understanding these Terms and Conditions.  For the reasons of clarity, fairness and to alleviate any prejudice, a full copy of our Terms and Conditions that are prevailing at your time of purchase will be sent to you electronically by e-mail for you to keep and to refer to at any later date as required.

1. AVAILABILITY OF A Metallic Number®

1.1       We reserve the right to withdraw any Metallic Number® from sale for any reason whatsoever with no prior notice, explanation or any liability to us.

1.2       All Metallic Numbers® sold that are selected using our database are sold in the six-digit format you have selected preceded with the five character combination 07***.

1.3       We fully reserve the right to substitute the three characters marked *** with any combination of numbers that we deem suitable and no discussion will be entered into regarding these numerals whatsoever.  By agreeing to purchase the Metallic Number® you have selected, you are agreeing that you waive all rights to decide what the three missing numerals will be.

1.4       Metallic Numbers® are offered subject to availability.  If the Metallic Number® you request is unavailable, we will take reasonable steps to inform you and we will give you the option to reconfirm your order with an alternative number (of equal value) or cancel your order.  If we cannot contact you within 7 days of receipt of your order, the order will be treated as cancelled.  If the order is cancelled due to a number being unavailable, a refund of any monies received will be made.

1.5       As a result directly or indirectly with a fault arising with our database, or any other aspect of our site, we reserve the right to withdraw any or all of our Metallic Numbers® from sale, either temporarily or indefinitely without prior notification and with no responsibility or liability to any third parties whatsoever.  Our decision is final.

2. RESERVED NUMBERS

2.1       You may reserve a maximum of 1 (one) Metallic Number® at any given time at our sole discretion.

2.2       We fully reserve the right not to accept reservations against any of our Metallic Numbers® without any explanation or liability.

2.3       All Metallic Numbers® that we agree to reserve shall be reserved for a period of 3 (three) working days with no obligation on you to purchase.

2.4       No deposit is required from you in order to reserve a Metallic Number® as we look at each request on an individual basis and merit.

2.5       At close of business (5:00PM) on the third working day after your reservation has been accepted, you lose all right or guarantee to purchase the Metallic Number® that has been reserved for you.  We reserve the right to offer it or sell it to another client with no prior notification from us to you and with no liability to us or you whatsoever.

2.6       All Metallic Numbers® are subject to availability and the acceptance of a reservation for a Metallic Number® does not provide you with any guarantee that you will obtain that Metallic Number®.

The following Clause set out the steps which are required to process your order for a Metallic Number®.  We would advise you to read the steps carefully.  A legally binding contract will come into force when we send an acknowledgement email to you in terms of clause 3.6.

3.         HOW TO ORDER

3.1       If you wish to order a Metallic Number® from us, you should click on the “Purchase” link next to the Metallic Number® you are purchasing.  You will then be automatically directed to a screen containing our Purchase Order Form which shows the details of the Metallic Number® you have selected.  Please ensure that all this information is correct before starting to complete the required fields of the Purchase Order Form.  You may stop your order by clicking on the “Cancel” button at any time.

Using the links provided we strongly suggest that you take the necessary time to read over and understand our Terms and Conditions of Business together with our Privacy Policy.  Please ensure you do this before confirming to us that you have accepted them as once you have indicated to us that you have read, understood and accepted them, this confirmation may be used at a later date should any disputes arise in the future.

Once you are satisfied that your order details are correct together with all the information you have provided us with and you are satisfied with our Terms and Conditions of Business and Privacy Policy, please acknowledge our disclaimer before clicking on the “Submit” button.

3.2       If you are paying by Cheque/Postal Order or Bankers Draft you will be directed to the relevant page indicating the address where payment should be sent to.

3.3       If you are paying online, all payments are administered on our behalf by WorldPay and you will be directed to the Worldpay website and you should complete your details.  Payment will be taken as soon as your credit or debit card details have been authorised.  We will send you an e-mail as soon as reasonably practical after your payment has been processed acknowledging that your order has been received.  Included within this acknowledgement e-mail will be notice by way of these Terms and Conditions being attached that you will be unable to cancel your order once this e-mail is sent. You should read this acknowledgement e-mail very carefully.

3.4       When you place an order with us, this constitutes an offer from you to purchase a Metallic Number® which is non-cancellable.

3.5       Acceptance of your order and conclusion of a legally binding contract between us and you will take place when we send an acknowledgement e-mail to you confirming details of your purchase and that is also when our service will begin in accordance with the terms of the Distance Selling (Consumer Protection) Regulations 2000.

4.         PAYMENT

4.1       We accept (i) online real-time payments by Credit or Debit Card (including but not limited to American Express, MasterCard, Visa, Switch/Maestro, Solo or Delta) via our payment service provider “WorldPay”; or (ii) Personal or Business Cheque or Bank Draft by post which must arrive with us no later than 7 days after the date of purchase of your Metallic Number®.

4.2       We shall not be held responsible or liable in any way whatsoever if there are any errors, faults, inaccuracies or any other such problems or discrepancies with any aspect of the service or payment processing transacted on our behalf by WorldPay, or any of it’s third party associates, affiliates or partners.

4.3       If payment is made online we reserve the right to withhold releasing any Metallic Number®, numerical prefix or prefixes or Porting Authority Code until after what we deem a reasonable period of time has elapsed to ensure that no on-line fraud is likely to take place or has taken place.  Authority for payment to us must be given at time of order or any such orders placed shall be automatically cancelled without any liability to us.

4.4       If payment is made to us by post then you or any parties that you represent take sole responsibility for any loss or theft for mail that does not reach us.  All Cheques or Bank Drafts received by us regardless of origin must have all funds fully cleared into our relevant accounts before we will release any Metallic Number®, numerical prefix or prefixes or Porting Authority Code to you.

4.5       No Metallic Number® shall be released to you without payment having been made to us in full and all funds fully cleared and all Metallic Numbers® remain the property of us until such times.

4.6       By purchasing a Metallic Number® from our site you declare and warrant that;  i) all the information that you submit to us is true and accurate (including but not limited to, all Credit or Debit Card information, your name, address and all contact details and any other information that we ask you to submit);  ii) you are the registered cardholder of the Credit or Debit Card that you are using to make payment;  and iii) you are aged 18 (eighteen) years of age or older.

4.7       By agreeing to abide fully within the terms of these Terms and Conditions, you agree that we shall not be held guilty, responsible or otherwise liable in any way whatsoever for any unauthorised transactions, online or otherwise, that may take place or have taken place as a result of any of the details that you have submitted to us at your own risk, including but not limited to, any Credit or Debit Card information, name, address, telephone numbers and/or e-mail address.  We hereby serve notice that we shall assume no responsibility whatsoever in relation to any fraudulent or unauthorised use relating to any Credit or Debit Cards that you submitted details to us for payment, unless that loss is as a result of our negligence, in that case our liability shall be limited in terms of clause 2 in Section D.

5.         PRICING

5.1       All prices quoted are quoted in Pounds (£) Sterling.  We do not accept any other currency under any circumstances.

5.2       Please be aware that we do not accept tendered “offers” from any clients or any third parties for any of our Metallic Numbers®.  This is to allow a fair and uniform pricing structure that results in all of our clients or customers paying the same amount for identical, or what we consider to be similar number combinations.

5.3       We make every effort to ensure that the prices shown on our site are accurate and free from errors however in the event of any errors, omissions or otherwise arising due to error, whether human, technical or otherwise, we shall not be liable in any way whatsoever to supply you with the Metallic Number® at the price specified.  Furthermore, we reserve the right to amend or change the prices or pricing of any of our Metallic Numbers® at our sole discretion without prior notification or explanation.

5.4       If any pricing errors come to our attention, by whatever means, we will take reasonable steps to inform you and we will give you the option to reconfirm your order at the correct price or cancel it.  If we cannot contact you, the order will be treated as cancelled.  If the order is cancelled, for whatever reason, a refund of any monies received will be made.

6          DELIVERY

6.1       All Metallic Numbers® purchased from us are passed over to you using a Porting Authority Code (PAC) which we have obtained from the respective donor network.  This unique code will only be posted to you and never e-mailed or communicated using any other method, including but not limited to, telephone conversation or SMS text messages.

6.2       The anticipated timescale for you to take receipt of your Porting Authority Code is usually within 14 days from the date that we receive cleared funds for the purchase of your Metallic Number®, however we fully reserve the right to extend this beyond that timescale quoted if there is a delay or other such problem in obtaining that particular Porting Authority Code for whatever reason, as we are reliant on third party assistance in obtaining Porting Authority Codes and will not be held liable or responsible for delays outwith our control.

6.3       For security reasons, we always despatch Porting Authority Codes by Royal Mail Special Delivery which requires a signature upon delivery and which guarantees a delivery attempt by 1:00PM the next business day.  We shall deem that any signature given or used to accept delivery of any mail sent to you by us is our evidence of that item having been received by you or on your behalf and this signature may be used as evidence at a later date if necessary.  We shall not be held responsible or liable for the failure of any third party to deliver the Porting Authority Code within this timeframe.

6.4       All undelivered Special Delivery attempts are usually returned to your local Royal Mail Sorting Office or Depot and held for a maximum of 3 weeks to await collection before being returned to us.

6.5       All Porting Authority Codes will only be despatched to the name and address submitted to us on the Purchase Order Form that has been submitted by you.

6.6       We fully reserve the right to conduct what we deem to be reasonable security checks to verify a clients identity and/or the address submitted to us on the Purchase Order Form.

6.7       We fully reserve the right not to despatch Porting Authority Codes to any address or recipient whom we suspect may be trying to secure any Metallic Number® fraudulently.

6.8       We do not charge for delivery.

6.9       Please note that we only despatch Porting Authority Codes to addresses within the United Kingdom and will not despatch any Porting Authority Codes or Metallic Numbers® outwith this area under any circumstances.

7.         CANCELLATIONS AND REFUNDS

7.1       The provision of a Metallic Number® constitutes a service where you are able to purchase the use of a mobile telephone number online.  You will be provided with an acknowledgement e-mail upon completion of the order that will notify you that you do not have any right of cancellation in terms of the Distance Selling (Consumer Protection) Regulations 2000 once the performance of the service has begun.  The performance of the service will begin when we receive your order as we will require to activate your number.

7.2       It is very important that you are happy with your choice of Metallic Number® specified at the time of purchase as we shall not consider any cancellations regardless of the reason once your order has been received by us.

7.3       We test all Metallic Numbers® prior to dispatch, once your Metallic Number® is connected to the SIM card of your choice, we shall cease to offer any refund after this time as any problems with your Metallic Number® will be the responsibility of your relevant Network Service Provider.

7.4       Where you are entitled to a refund, any refund of monies paid will usually be refunded using the original method of payment although we reserve the right to refund any amount payable to you by whichever method is most practical to us.  Our decision is final in respect of all cancellations or refunds and you acknowledge this and agree to abide by this statement of fact when you acknowledge and agree to be bound by these Terms and Conditions at time of purchase.

8.         OUR RIGHT TO CANCEL

8.1       We fully reserve the right to cancel any contract of sale between us and you at any time and without reason or explanation and with no liability to us or you.  Instances of when we would be likely to consider cancelling or actually cancel the agreement between us and you include, but are not limited to; when any of the Metallic Numbers® purchased by you was sold at an incorrect price for whatever reason; and/or we cannot supply you with the Metallic Number® you have purchased for whatever reason whatsoever; or if we suspect there may be fraudulent activity afoot whether proven or not.

8.2       If we decide to cancel any agreement between us and you, we shall contact you in the first instance either by e-mail or by letter informing you of our decision to cancel.

8.3       Any monies paid to us by you shall be refunded in accordance with our refund method applicable in the Terms and Conditions that formed part of the agreement you entered into when making your purchase.

9.         WARRANTIES

9.1       You must be aware that you are purchasing from us the use of a Metallic Number®, the definition of which is simply: a mobile telephone number used by you or any other appropriate third party, to send and receive mobile telephone calls and other related services, including but not limited to, SMS (Short Messaging Service) text messages, picture messaging (when available) and/or any data services (when available).  The use of a Metallic Number® is subject to cancellation by a Network without notice and we cannot accept responsibility for any subsequent termination of a number and do not warrant that your use of a Metallic Number® shall be uninterrupted.

9.2       We shall not be liable or held responsible for any faults whatsoever that occur after you have taken possession of your new Metallic Number®, including but not limited to, breaks in service, number incompatibility, network incompatibility, restrictions of service, failure of own number sending/caller ID and/or any other faults that may arise whatsoever with your Metallic Number®.

9.3       All mobile network services are network dependant and we shall not be held responsible and/or liable to you in any way for any network services or features whatsoever being incompatible with any Metallic Number® purchased from us and/or otherwise unavailable for any reason whatsoever.

9.4       We shall be deemed to have fulfilled all our obligations to you in respect of any Metallic Number® purchased from us as soon as the Metallic Number® in question has been successfully connected by the Network Service Provider you have chosen to use onto a SIM card designated by you to that Network.  At that point of successful connection any subsequent faults or problems that may arise in whatever shape or form, or for whatever reason, shall not be our responsibility and we shall accept no liability or responsibility under any circumstances.  On rare occasions and at our sole discretion we may decide to supply your Metallic Number® by sending you a SIM card with the Metallic Number® you purchased activated and attached to it.  In this instance we shall be deemed to have fulfilled all our obligations to you upon delivery of this SIM card to you when a signature has been obtained in order for you or someone representing you to accept delivery.

9.5       It is your sole responsibility to pass any Porting Authority Codes that we give to you, to the Network Service Provider of your choice as soon as is reasonably possible after receiving it from us.  In most cases, Porting Authority Codes have a validity date of approximately 30 days from date of issue by the respective donor network and it is most important that you use your Porting Authority Code before it expires.  Failure to do this may result in you losing the Metallic Number® that you have purchased.

9.6       We may, solely at our discretion, charge you an additional administration fee for acquiring another Porting Authority Code and forwarding this onto you within a reasonable timescale.  In the event that we decide to levy an administration fee for obtaining a second Porting Authority Code (PAC) on your behalf, this administration fee shall not exceed the sum of twenty five pounds sterling per additional Porting Authority Code.  Furthermore we shall require this payment in advance prior to us releasing to you any replacement Porting Authority Codes that you require

10.       SECURITY

10.1     You are required to make suitable provision for the safety and security of your new Metallic Number® immediately upon the activation of your new Metallic Number® onto your SIM card or upon delivery of a SIM card to you.  At that point then and thereafter you are totally responsible for ensuring that your Metallic Number® remains safe, secure and free from theft.

10.2     We shall not be held liable in any way whatsoever for any subsequent theft, attempted or actual, of any Metallic Number® purchased from us by you after said Metallic Number® has been activated and is connected to the SIM card of your choice.

10.3     We strongly advise you to request that your Network Service Provider makes reasonable effort to prevent any unauthorised access to your airtime account (regardless of whether Pre-Pay account or a Contract account) by placing relevant security measures on the account.  These may include, but are not limited to, a password, series of passwords and/or memorable date.  It is very important that you do not divulge to any other third parties what your security details are and you should treat them as you would a PIN number for use with a bank card.

10.4     By agreeing to abide by these Terms and Conditions you fully understand your responsibility to ensure that your Metallic Number® is secure at all times and furthermore, that you have legally waived any and/or all rights to take any action against us should a Metallic Number® purchased from us be taken from your possession without your express consent.

10.5     We also reserve the right to pursue a prosecution and secure a conviction against any users of this site, person, persons, groups, organisations, companies, businesses or any other entity or third party who in any way attempt to or actually steal, defraud, trick or in any way seek to take without our express permission, any of the Metallic Numbers® either featured within this site, in our ownership, in our possession or that we have any interest in regardless of what that interest may be.

10.6     All attempted or actual thefts shall be reported immediately to the police and/or any other relevant law enforcement agency or bodies and we shall co-operate fully with any police constabulary, law enforcement agency or bodies who requires our assistance in bringing any prosecution and/or conviction against any perpetrators. 

AN INTRODUCTION

Thank you for choosing our site.  We are sure that you will find the personalised Metallic Number® that you require whilst browsing the site.  However the use of our site involves adhering to certain Terms and Conditions and obligations.  By choosing to access, browse and/or use the site, you agree without limitation or qualification, to be wholly bound by these Terms and Conditions and any additional conditions, policies, rules or terms that are subsequently displayed on the site.  Furthermore, these Terms and Conditions may be improved and/or modified by us from time to time at our sole discretion.  We recommend that if you do not agree to be bound by these Terms and Conditions that you must navigate away from our site immediately as without consenting to agree to be bound by these Terms and Conditions you are not permitted to access, use or browse our site.

1:         COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

1.1       All content, information and/or material including any photographic imagery (collectively known as “content”) displayed or shown on this site, including the presentation of all content, is subject to the © COPYRIGHT 2005-2006 of METALLIC NUMBERS LIMITED (unless otherwise stated).  All rights are reserved.

1.2       All content is protected by worldwide copyright laws and treaty provisions.  Metallic Numbers Limited grants you a limited non-transferable and non-exclusive licence to display and use on your computer or any other device used to access this site, the content displayed on our site for your own personal and strictly non-commercial use on the condition that you do not change or modify any of the content for whatever reason and that you agree to adhere to all applicable copyright laws and other proprietary notices.  You agree not to reproduce, except as provided herein, to make derivative works of, broadcast, communicate, distribute, publish, retransmit, sell or otherwise make available any of the content of our site or a Metallic Number™ including but without limitation, by caching, framing or any similar means without the prior written permission of any respective copyright owner (s).  COPYRIGHT THEFT WILL BE PURSUED.

2:         PRIVACY POLICY

2.1       Your details are processed in terms of our Privacy Policy listed separately.  However, we must stress that all personal details or information that you give to us remains solely with us and is never passed on to any third party unless we are legally obliged to do so.

2.2       We make ample provision for protecting the personal details and/or identity of high-profile individuals and VIPs.  This includes but is not limited to, Royalty regardless of nationality, Politicians, Celebrities, Prominent Business Leaders or any other private individuals who require absolute discretion at all times.  It is not our policy to actively communicate who our clients are to any third parties.  All enquiries we receive from prominent individuals are held in the strictest confidence.

2.3       We disclaim any responsibility or liability to you for any malicious or nuisance telephone calls and/or any unwanted messages that you may receive with any Metallic Number® that you have purchased from us.  We strongly suggest any malicious, nuisance or otherwise unwanted telephone calls and/or messages are reported immediately by you to the appropriate authorities for investigation.

3:         SITE ALTERATIONS AND AMENDMENTS

We fully reserve the right to change, discontinue, modify or suspend any aspect of our site at any time and without prior notice, consent or liability, from time to time and for whatever reason we deem appropriate.

4:         SITE AVAILABILITY

4.1       Metallic Numbers Limited always strives to offer you the very best service at all times.  However we cannot guarantee that our site will suit everyone or meet the requirements of everyone.

4.2       Whilst our site is maintained regularly to ensure it operates with maximum efficiency and smoothness, from time to time some faults may occur and be noticed by users of this site before being rectified by our webmasters.  Therefore if you feel that there is the possibility of there being a fault with the site, please report it to us at: customer.support@metallicnumbers.com

5:         SITE LIABILITY

5.1       The site is provided to you on the basis that you understand the risks associated with the use of the internet, in particular security risks associated with transmitting information via the internet or e-mail, and we do not provide any guarantees or warranties relating to your use of this site.

5.2       In particular, we cannot guarantee that the material, information or data obtained from or through the site is complete or accurate, that your access to or use of the site will be uninterrupted, timely or error-free or that defects in information contained in this site will be corrected.

6.         THIRD PARTY WEBSITES AND LINKS

6.1       Our site may contain links to other websites for the convenience of our site users which are not the property of Metallic Numbers Limited and beyond our control.  We shall not be responsible in any way whatsoever for any content or any other site on the internet or World Wide Web outwith our site.

6.2       You must therefore acknowledge and agree that any business dealings or correspondence you may enter into with any third parties whatsoever, either found on or via our site, are solely between you and those other third parties.  This includes but is not limited to; payment for and any subsequent delivery of any goods and/or services and all other applicable terms and conditions, representations or warranties.

6.3       We assume no responsibility whatsoever, directly or otherwise, for any charges incurred to you or any authorised or unauthorised user of any of your accounts when making purchases or other transactions in this manner.  In addition, you will be solely responsible for ensuring that you comply with all applicable laws in connection with any such transactions.

7:         USER BEHAVIOUR, CONDUCT AND RESPONSIBILITIES

7.1       In respect of the availability and use of our site, you must agree to comply with all applicable laws as well as these Terms and Conditions when using our website.  You acknowledge that in certain circumstances we may have to make investigations into any potential or actual violations or breaches of any applicable laws and that we shall always co-operate with the police or any other law enforcement agency, authority or other bodies with regard to prosecuting users of the site.

7.2       You also must agree not to distribute, post, transmit or link to any content or information encouraging or otherwise advocating behaviour or conduct which could be deemed, or actually is a criminal offence likely to give rise to any civil liability.  Nor are you allowed to utilise this website in any manner which is contrary to any applicable laws or may serve to prohibit or restrict any other users of this site from using, to the fullest extent, our site or any part of the Internet or World Wide Web.  You are also not permitted to distribute, post, transit or link to any content, information, material or software that contains cancel bots, viruses, trojan horses or any other damaging or disruptive component.

1.         COMPETITION AND PROMOTIONAL RULES

1.1       Periodically we may choose to organise certain promotions including but not limited to competitions, special offers and offering other such incentives.  All promotions that require us by law to display clear and concise terms and conditions shall have the applicable terms and conditions made clear over the duration of each respective promotion and these terms and conditions shall require to be adhered to by all participants under all circumstances.

1.2       All separate terms and conditions relating to any future promotional incentives shall be displayed alongside details of each respective promotion.

2.         LIMITATION OF LIABILITY

2.1       You expressly understand and agree that our site and any of the Metallic Numbers® shown are provided on an “as is and as available” basis only and to the fullest extent legally possible we hereby exclude all warranties, conditions and other terms implied by statute or common law.

2.2       Furthermore, we specifically make no guarantees or warranties that our site or any of the Metallic Numbers® including any content, information or any of our services, will be provided on an error-free, secure, timely or uninterrupted basis or that such services or the results derived therefrom will always meet your expectations or requirements.

2.3       We have no direct or indirect affiliation with or endorse any particular association, including but not limited to, any Network Service Providers, Companies, Businesses, Equipment Manufacturers and/or any other third party.

2.4       Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.

2.5       Subject to Clauses 2.1 and 2.4:-

2.5.1    Our total liability to you or to any third party whether in contract, delict (including negligence), misrepresentation or otherwise, arising as a direct consequence of your (or any third party’s) use of the Metallic Number® will be limited to the price of the Metallic Number®; and

2.5.2    We shall not be liable for any indirect or consequential loss or damage (including loss of profit, loss of business or otherwise), costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with your use of the Metallic Number®.

3.         GOVERNING LAW/JURISDICTIONAL ISSUES

3.1       This site and its contents are administered, controlled and operated by Metallic Numbers Limited and/or its authorised third party representatives all of whom are based within the United Kingdom.  We make no guarantee or warranty that our site is appropriate or available for use anywhere outwith the United Kingdom.

3.2       Should you visit or access our site from outwith the United Kingdom, you are solely responsible for any relevant compliance with any other country’s applicable laws.  You may not export any of the content accessible through our site in violation of applicable export laws and regulations.

3.3       These Terms and Conditions shall in their entirety be construed, governed and/or interpreted in accordance with Scottish law and the Scottish Courts shall have exclusive jurisdiction to resolve any disputes that may arise between us and you.

3.4       Each party hereby agrees to fully submit to the exclusive jurisdiction of the Courts of Scotland and to fully waive any objections based upon location or venue.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions under any circumstances.

4.         ALTERATION TO TERMS AND CONDITIONS

4.1       We reserve the right, wholly at our sole discretion, to add, change, modify or remove the whole of or sections of these Terms and Conditions at any time.  It is your responsibility to check from time to time to ascertain if any changes have been made.

4.2       The continued use of our site by you after any alterations or amendments have been made, signify to us that you have read and accepted any such changes.  All changes will be effective when notice is posted to our site, so please check these Terms and Conditions regularly.

4.3       If any of the alterations or changes are unacceptable to you, you must immediately discontinue use of our site and any of the services found on it.

5.         MISCELLANEOUS

5.1       The rights under these Terms and Conditions are personal to you as an individual or representing a third party body or organisation and they may not be assigned to any other third parties under any circumstances.

5.2       These Terms and Conditions constitute the entire Contract between Metallic Numbers Limited and you pertaining to the purchase of any Metallic Numbers Limited, the use of our site and its content and supersedes any prior agreements between you and us with respect to the subject matter hereof.

5.3       Our failure or hesitation 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.

5.4       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 Law and of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein.

5.5       As the Mobile Telecommunications Network Numbering System is administered and regulated by The Office of Communication (Ofcom) we will not be held liable in any way for any subsequent changes made to any mobile telephone numbers in terms of appearance or functionality.  This may include, but is not limited to, additional digits or numerals attached to any part of a Metallic Number® you may purchase from us.

6.         CONTACTING US

6.1       In contacting us by whatever methods available to you, you agree to, at all times, treat any member of our staff, employee and/or any of our business associates and/or affiliates with courtesy and respect.

6.2       We shall not tolerate rude or offensive language or behaviour from you or any of your representatives, regardless of circumstance, and shall fully reserve the right to terminate any contact with you, including but not limited to, telephone calls, e-mail or letter, should we have grounds or justification to do so.

6.3       To comply with our stringent security measures, we do not under any circumstances answer anonymous inbound telephone calls to us from withheld numbers.  If you require to speak with us by telephone please call us without withholding your number.  Should you be using a telephone that withholds it’s number automatically please change the telephone’s settings as appropriate.  If you are calling us from a telephone which withholds its number at your local exchange or in some other permanent way, please contact us by an alternative method of communication.

6.4       Please note that all inbound SMS Text Messages or MMS Multimedia Messages sent to us will not be replied to under any circumstances.

6.5       Our hours of business are the usual hours of business prevailing on that business day with the exception of local and/or national holidays.  If you choose to telephone us outwith usual business hours you may leave us a voice message on our answer phone and your call will be returned upon the retrieval of your message.  We reserve the right not to return any calls to you if we are unable to understand clearly the message that you have recorded for us, so please speak slowly and clearly when prompted remembering to give us your full name, your contact telephone number and a short message about why you are contacting us.

6.6       We aim to reply to all e-mails sent to us by the end of the next business day after we have received your email, however we reserve the right to extend this period under special circumstances, including but not limited to, when an e-mail service provider has technical difficulties which delays us receiving your message.

6.7       If contacting us via letter please address envelopes to:-
           

Metallic Numbers Limited
Suite 1
111 West George Street
Glasgow G2 1QX

We aim to reply in writing to all letters received by us within three working days of us having taken delivery of your letter or mail, however we reserve the right to extend this under special circumstances, including but not limited to, when any postal service provider experiences delays delivering your letter or any mail to us for whatever reason.

6.8       Full details of how to contact us can be found on the Contact page of our site.

7.         THIRD PARTIES

7.1       You acknowledge and agree that any correspondence or business dealings whatsoever that you may have with any third parties, including but not limited to, any advertisers or merchants, found on or through our site or any of our services, including but not limited to, payment for and/or delivery of any related goods and/or services, and all other terms and conditions, representations and/or warranties related to such dealings, are solely as between you and any such third parties with no involvement, responsibility or liability on our part whatsoever.

7.2       Furthermore, the responsibility of ensuring compliance with all applicable laws in connection with any such dealings or transactions shall be yours and yours alone.  You understand and agree that we shall not be liable in any way whatsoever for any loss or damage of any kind incurred as a result of, directly, indirectly or in connection with, any such dealings or transactions.

The terms “Metallic Number®”, “Metallic Numbers®”, “metallicnumbers.com®” and the SIM Card device are registered trademarks of Metallic Numbers Limited. The term “Exclusive Personalised Mobile Telephone Numbers™” is a trademark of Metallic Numbers Limited.

These Terms and Conditions © 2005-2008 Metallic Numbers Limited.  All Rights Reserved.