Terms and Conditions
It is important that you read and understand these Terms and Conditions that apply to any contract of sale. If there are any terms that you do not understand or do not wish to agree to, please do not confirm your purchase unless you have spoken to us, and only confirm your purchase if you wish to be bound by these Terms and Conditions. By consenting to be bound by these Terms and Conditions, you agree that your cancellation rights end as soon as payment is made as performance of our service begins at this point.
THE FOLLOWING TERMS AND CONDITIONS COMPRISE: -
SECTION A : DEFINITIONS
SECTION B : GENERAL TERMS AND CONDITIONS OF SALE
SECTION C : GENERAL PROVISIONS
(together referred to as the “Terms and Conditions”)
AND ALL 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 HTTP://WWW.METALLICNUMBERS.COM OR VIA HTTP://WWW.METALLICNUMBERS.CO.UK
SECTION A: DEFINITIONS
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” means the goods and services offered for sale from our website, 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 Number (s);
Bronze Number (s); Silver Number (s); Gold Number (s); Platinum Number (s); Titanium Number (s); Ultimate Number (s); Exclusive Number (s);
Special Number (s) or Featured 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 business 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 website found at www.metallicnumbers.com and found via the domain address 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.
SECTION B: GENERAL TERMS AND CONDITIONS OF SALE
In no particular order of Importance or Merit.
AN INTRODUCTION
Listed below are the present Terms and Conditions that we operate with as the business trading under the name of 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 email for you to keep and refer to at any later date as required.
| 1. |
AVAILABILITY OF A METALLIC NUMBER |
| 1.1 |
We reserve the right at all times to withdraw any Metallic Number from sale, or to refuse to sell any Metallic Number, for any reason whatsoever without any prior notice, explanation or 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***. We fully reserve the right at all times 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 any and all rights to decide what the three missing numerals will be. |
| 1.3 |
Only when a Metallic Number is shown in its entirety with all 11 digits displayed will that be the specific Metallic Number that is being offered for sale. |
| 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. |
| 2.1 |
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 at all times 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 2 (two) working days with no obligation for 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 second working day after your reservation has been accepted, you will lose any and all right or guarantee to purchase the Metallic Number that has been reserved for you. We reserve the right to then 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 actually obtain that Metallic Number. |
The following Clause sets 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.
| 3.1 |
If you wish to order a Metallic Number from us, you should click on the appropriate “Purchase” link next to the Metallic Number you are purchasing. You will then be presented with our Purchase Page on your screen containing a link to our Terms and Conditions of business. You must click on this link and carefully read and understand the Terms and Conditions presented to you and then agree to be bound by them by clicking the acknowledgment button on our Purchase Page that states your acceptance of our Terms and Conditions and your acceptance that your cancellation rights end immediately upon payment being made. Should you choose not to accept this statement then you must not click to acknowledge that you do. Furthermore, should you choose to decline to agree to our Terms and Conditions of business you will not be permitted to make your purchase. |
| 3.2 |
When you have read and understood our Terms and Conditions of business you can close the browser window. Please ensure that the information you provide to us on the Purchase Page is correct. You may stop your purchase by clicking on the “Cancel” button at any time. Once you are satisfied that your purchase details are correct together with all the information you have provided us with, please click to acknowledge and accept our disclaimer before completing your purchase by clicking on the “Purchase Now” button. |
| 3.3 |
If you select to pay us by bank transfer you will be sent an email as soon as is reasonably practical after your purchase has been made, which will contain all of the information you will require in order to make payment from your bank account into our bank account. |
| 3.4 |
If you select to pay online by credit or debit card, all payments are administered on our behalf by RBS WorldPay and you will be directed to the RBS Worldpay website where 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 email as soon as reasonably practical after your payment has been processed acknowledging that your order has been received. Included within this acknowledgement email will be notice by way of these Terms and Conditions being attached that you will be unable to cancel your order once your payment has been made. |
| 3.5 |
When you place an order with us, this constitutes an offer from you to purchase a Metallic Number which is non-cancellable. |
| 3.6 |
Acceptance of your order and conclusion of a legally binding contract between us and you will take place upon payment being made at which point you will receive an acknowledgement email from us confirming details of your purchase. In accordance with the Consumer Protection (Distance Selling) Regulations 2000, the point at which payment is made is when our service will begin. |
| 3.7 |
In every case, by purchasing and submitting payment for any Metallic Number from us, you automatically agree without exception to be legally bound by these Terms and Conditions in their entirety regardless of whether or not you have read them in their entirety and/or regardless of whether or not you have intentionally acknowledged or signalled your acceptance of them. |
| 4.1 |
We accept (i) online real-time payments up to the value of £3,000.00 sterling by credit or debit card (including but not limited to MasterCard, MasterCard Debit, Visa, Visa Debit, Visa Electron, Maestro or Solo) via our payment service provider “RBS WorldPay”; or (ii) direct bank transfer from your bank account into our bank account for any amount, which must arrive into our account no later than 7 (seven) days after the date of purchase of your Metallic Number otherwise your purchase will be automatically cancelled without any notice or liability to us. Please note all payments due to us of more than £3,000.00 sterling must only be paid to us in their entirety by bank transfer. |
| 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 RBS 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, Porting Authority Code or SIM card until after what we deem a reasonable period of time has elapsed to ensure that no payment card fraud has taken place or is likely to take 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 bank transfer then you, or any parties that you represent, take sole responsibility for any and all losses incurred if any funds or money does not reach us. We will accept no liability whatsoever where any funds, money or payment has been sent to our bank account but does not reach our bank account. All payments due to us by bank transfer must be received into our bank account before we will release any Metallic Number, numerical prefix, Porting Authority Code or SIM card to you. |
| 4.5 |
If you select to make payment to us by bank transfer, you are agreeing to pay any and all associated charges or costs that may be levied by any bank, building society or any other third party entity for providing such payment service. In addition, all payments made into our bank account must originate from another bank account unless agreed otherwise in advance by us. |
| 4.6 |
If you wish to make payment to us with cash paid ’over the counter’ into our bank account, you must obtain authorisation from us prior to making any payment. We fully reserve the right to refuse this method of payment at our sole discretion and we will not be obliged to offer any reason, or enter into any discussion, regarding our decision. If we authorise you to make payment to us by cash paid ‘over the counter‘, we will not accept any liability or responsibility whatsoever for any funds, money or payment that does not reach our bank account. All cash payments made to us are at your own risk and you will be liable and responsible for any and all losses incurred. |
| 4.7 |
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 our property until such times. |
| 4.8 |
By purchasing a Metallic Number from our website 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. |
| 4.9 |
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 email 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 C. |
| 5.1 |
All prices quoted are quoted in British 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. |
| 6.1 |
All Metallic Numbers purchased from us are passed over to you using either a Porting Authority Code which we have obtained from the respective donor network or the actual SIM card that the Metallic Number you purchased is connected to. The method we choose to employ in order to pass the Metallic Number you have purchased to you is solely at our discretion. If we choose to provide you with the Porting Authority Code for the number you have purchased we will never communicate this to you by telephone conversation or SMS text messaging. |
| 6.2 |
On occasion and solely at our discretion, we may decide to provide you with the Porting Authority Code for your Metallic Number by email, to any or all email addresses supplied to us. By agreeing to these Terms and Conditions you are confirming to us, that to the best of your knowledge, all email accounts accessed by the email addresses provided to us are secure and cannot be accessed by any other person. With you confirming to us that all of your email accounts are secure, we will not accept any liability or responsibility for any Porting Authority Codes subsequently used without your permission. |
| 6.3 |
We will use reasonable endeavours to deliver your Porting Authority Code or SIM card within 7 (seven) days from the date payment is made, however in the case of circumstances beyond our control it may be necessary to extend this timescale. Examples of such circumstances would be if there is a delay outwith our control in obtaining the Porting Authority Code for the Metallic Number you purchased or any other such problem that prevents us providing you with either your Porting Authority Code or SIM card within the usual timeframe. We will not be held liable or responsible for delays outwith our control. |
| 6.4 |
When paying us by bank transfer, the term “Faster Service” is only indicative of us generally being able to provide you with the Porting Authority Code or SIM card for the Metallic Number you purchased sooner than if you paid us by credit or debit card. The term “Faster Service” does not represent any guarantee that this will be the case and all timeframes quoted for delivery and/or you being able to use the Metallic Number you purchased, are always approximate and provided as a guide only. |
| 6.5 |
For security reasons, we usually despatch Porting Authority Codes by Royal Mail Recorded Delivery and SIM cards by Royal Mail Special Delivery, both of which require a signature upon delivery. 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 any Porting Authority Code or SIM card within the timeframe quoted in Section B, Clause 6.3. |
| 6.6 |
All undelivered Recorded Delivery or Special Delivery mail is usually returned to the nearest Royal Mail Sorting Office or Delivery Office and held for a short period of time awaiting collection by the addressee before being returned to the sender. It is your responsibility to arrange to collect this mail from the relevant office. |
| 6.7 |
If payment has been made by credit or debit card, all Porting Authority Codes or SIM cards will only be despatched to the name and address submitted to RBS Worldpay at time of purchase. |
| 6.8 |
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 either our Purchase Page or the RBS Worldpay page and you agree to us making these security checks and assisting us with these security checks if required to do so. |
| 6.9 |
We fully reserve the right not to despatch any Porting Authority Codes or SIM cards to any address or recipient whom we suspect may be trying to secure any Metallic Number fraudulently and we reserve the right not to enter into any discussion regarding the matter with you or any third parties. |
| 6.10 |
We will not charge you for Recorded Delivery or Special Delivery postage within the UK. |
| 6.11 |
Please be aware that we only despatch Porting Authority Codes to addresses within the United Kingdom and will not despatch any Porting Authority Codes outwith this area under any circumstances. |
| 6.12 |
When we are required to send a SIM card (or SIM cards) outside the UK, we may decide to charge you for the cost of any postage charges we incur if the total amount of your purchase (or purchases) in any single transaction is less than £1,500.00 sterling. As this charge may vary depending upon the country of destination, we will provide you with a quotation prior to shipment and if requested by you to do so, prior to any purchase being made. All overseas postage charges must be paid to us in full prior to the release of any shipment. We will not charge you for overseas postage where the total amount of your purchase (or purchases) exceeds £1,500.00 sterling in any single transaction. Our liability for all overseas shipments shall cease when the shipment package is passed from us to the appropriate shipment company. |
| 7. |
CANCELLATIONS AND REFUNDS |
| 7.1 |
These Terms and Conditions comply with the Consumer Protection (Distance Selling) Regulations 2000. As performance of our service begins, with your agreement, on payment being made, there can be no cooling-off period and no right to cancel (under Regulation 13). |
| 7.2 |
It is of the utmost importance 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 despatch. Once your Metallic Number is connected to your SIM card after the porting of your number completes, we shall cease to consider or offer any refund after this time as any problems with your Metallic Number will be the sole responsibility of the relevant Network Service Provider your Metallic Number is connected to. |
| 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 or by submitting payment for any Metallic Number. |
| 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 Metallic Number 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 in writing, either by email or by letter informing you of our decision to cancel. Our decision will be final. |
| 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. |
| 9.1 |
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/or 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 any liability or responsibility for any subsequent termination of a number and do not warrant that your use of any 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, and/or supplied to you by 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. If we have chosen to provide you with the Metallic Number you have purchased by sending the actual SIM card to you with your Metallic Number already connected to it, 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. At that point upon delivery 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. Any and all faults or problems that may arise with your Metallic Number must be directed to the appropriate Network Service Provider the number is connected to. |
| 9.5 |
As it is the sole decision of every Network Service Provider to permit or refuse the porting or transferring of a mobile number onto their network, we do not make any guarantee that any Metallic Number sold by us will be permitted for use on any specific mobile network. Before purchasing a Metallic Number from us it is your responsibility to check that your preferred Network Service Provider will accept the porting or transferring of the number onto their network. We will not be held liable or responsible for any instances where a Network Service Provider refuses your request to port or transfer your number to them. In such instances where a Network Service Provider refuses to port or transfer your number onto their network, we reserve the right at all times to provide you with the Metallic Number you purchased connected to a SIM card (regardless of the mobile network the number is connected to) and in doing so we will be deemed to have fulfilled our obligation to you by providing you with the Metallic Number you purchased. |
| 9.6 |
It is your sole responsibility to pass any Porting Authority Code 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 with no liability to us. |
| 9.7 |
We may, solely at our discretion, charge you an administration fee for providing you with any replacement Porting Authority Codes you request. In the event that we decide to charge you an administration fee for providing this service, the administration fee shall be £50.00 sterling per each additional Porting Authority Code. Furthermore we shall require any payment due to us in respect of any such charges, to be paid to us in full prior to us releasing any replacement Porting Authority Code to you. |
| 10.1 |
It is your responsibility to make suitable provision for the safety and security of your Metallic Number immediately upon the activation of your new Metallic Number onto your SIM card or upon delivery of any SIM card to you. At that point then and thereafter you are 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 or any associated third parties, after said Metallic Number has been successfully transferred to you for your use. |
| 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 it is a pre-pay account or a monthly 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 our 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 our 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 appropriate police constabulary 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. |
SECTION C: GENERAL PROVISIONS
| 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, the Metallic Numbers found on it, or 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 any Metallic Number. |
3. |
GOVERNING LAW/JURISDICTIONAL ISSUES |
3.1 |
Our 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. |
5.1 |
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, 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. |
5.6 |
By agreeing to these Terms and Conditions you are automatically agreeing to be bound by the terms of our PRIVACY POLICY found on our website. |
5.7 |
We disclaim any liability or responsibility to you for any malicious or nuisance telephone calls and/or 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. |
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 at all times to terminate any contact with you, including but not limited to, telephone calls, email 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 its 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 as shown on our site 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 emails 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 email service provider has technical difficulties which delays us receiving your message. |
6.7 |
If contacting us via letter please note our geographic address as follows:-
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 US page of our site. |
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. |
8.1 |
The terms “Metallic Number”, “Metallic Numbers”, “metallicnumbers.com” and the SIM card device logo are all ® Registered Trademarks of Metallic Numbers Limited and cannot be used without prior permission. The term “metallicnumbers.co.uk” is a trademark of Metallic Numbers Limited and cannot be used without prior permission. |
These Terms and Conditions © Copyright 2005 - Present Metallic Numbers Limited. All Rights Reserved.
