WHEREAS:
(A) MOBILEUNLOCKED.CO.UK has developed a service front-end facility that enables the creation of Unlock Codes.
(B) MOBILEUNLOCKED.CO.UK has entered into agreements with payment service providers to accept financial transactional payments in exchange for the service (the "Service")
(C) You (the "Customer") wish MOBILEUNLOCKED.CO.UK to provide you with the Service.
(D) The price for the service ("the Price") shall be the quoted price of the Seller, and payment of the Price shall be made by the Customer before delivery of the service.
Definitions --
Except where the context requires otherwise, the definitions contained in the Service Conditions (available on www.MOBILEUNLOCKED.CO.UK) shall apply equally to these Terms and Conditions.
Service --
2.1 In consideration of the Customer agreeing to the following terms and conditions, MOBILEUNLOCKED.CO.UK agrees to provide the Customer with Services in accordance with this Agreement.
2.2 MOBILEUNLOCKED.CO.UK reserves the right to amend, with reasonable notice, the cost, Unlock Code and any other aspect of the service issued to The Customer.
2.3 MOBILEUNLOCKED.CO.UK shall deliver the Service to the Customer via electronic mail (e-mail) to the address of the Customer provided at the point of order and in a reasonable and timely manner. The definition of reasonable and times shall be at the full discretion of MOBILEUNLOCKED.CO.UK.
2.4 This Agreement shall come into force immediately and shall cease on delivery of the Service to the Customer.
Costs --
3.1 The price is determined by and quoted by MOBILEUNLOCKED.CO.UK, and payment of the Price shall be made by the Customer before delivery of the Service.
3.2The Customer shall be liable to pay all and any additional charges in connection with the use of the Services.
Warranties --
4.1 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT MOBILEUNLOCKED.CO.UK HEREBY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL OTHER STATEMENTS, CONDITIONS OR WARRANTIES, EXPRESS AND/OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING AS TO, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY, OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE RELATING TO THE SERVICES.
4.2 MOBILEUNLOCKED.CO.UK DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELECOM NETWORKS. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES OR OTHERS CAN IMPAIR OR DISRUPT THE FLOW OF DATA. MOBILEUNLOCKED.CO.UK CANNOT PROVIDE ANY ASSURANCE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, MOBILEUNLOCKED.CO.UK DISCLAIMS ANY LIABILITY WHATSOEVER RESULTING FROM OR RELATED TO SUCH EVENTS.
Limitation of Liability --
5.1 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL MOBILEUNLOCKED.CO.UK BE LIABLE TO THE CUSTOMER IN CONNECTION WITH THE PROVISION OR USE OF THE SERVICES OR ANY OTHER OBLIGATION OF MOBILEUNLOCKED.CO.UK UNDER THIS AGREEMENT FOR ANY LOSS OR DAMAGES WHICH MAY BE SUFFERED BY THE CUSTOMER (OR ANY PERSON CLAIMING THROUGH OR UNDER THE CUSTOMER), WHETHER SUCH LOSSES OR DAMAGES ARE SUFFERED DIRECTLY OR INDIRECTLY OR ARE IMMEDIATE, INCIDENTAL OR CONSEQUENTIAL, WHICH FALL WITHIN THE FOLLOWING CATEGORIES:
A) LOSS OF OR DAMAGE TO TANGIBLE OR INTANGIBLE PROPERTY
B) LOSS OF REVENUE OR PROFITS OR ANTICIPATED PROFITS
C) LOSS OF ANTICIPATED SAVINGS
D) LOSS OF BUSINESS OPPORTUNITY OR GOODWILL
E) LOSS OF DATA
F) LOSS OF BARGAIN
G) BUSINESS INTERRUPTION
H) ECONOMIC OR CONSEQUENTIAL LOSS OF ANY NATURE
I) EXEMPLARY OR PUNITIVE DAMAGES; OR
J) SPECIAL DAMAGE,
THIS CLAUSE SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY, IN CONNECTION WITH THIS AGREEMENT AND EVEN IF MOBILEUNLOCKED.CO.UK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL MOBILEUNLOCKED.CO.UK'S CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED £50.
5.3 NOTHING HEREIN SHALL EXCLUDE OR LIMIT THE LIABILITY OF MOBILEUNLOCKED.CO.UK FOR DEATH OR INJURY RESULTING FROM ITS ACT OR OMISSION HEREUNDER
Acknowledgement --
THE CUSTOMER UNDERSTANDS AND AGREES THAT THE REMEDIES, EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT REFLECT A REASONABLE ALLOCATION OF THE RISKS OF PRODUCT AND SERVICE NONCONFORMITY BETWEEN THE PARTIES TAKING INTO CONSIDERATION, AMONGST OTHER THINGS, THE RESPECTIVE BARGAINING POSITIONS OF THE PARTIES, THE LEVEL OF FEES CHARGED AND THE AMOUNT OF INSURANCE INDEMNITY AVAILABLE TO MOBILEUNLOCKED.CO.UK AND THE CUSTOMER IN THIS RESPECT. THE CUSTOMER FURTHER UNDERSTANDS AND AGREES THAT THE FEES CHARGED IN RESPECT OF THE SERVICES HEREIN REFLECT, AND ARE SET IN RELIANCE UPON, THIS ALLOCATION OF RISK AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES AND LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT.
Warranties and Indemnities --
7.1 The Customer warrants and undertakes that:
(a) it shall not knowingly use the Service for unlawful purposes;
(b) it shall not knowingly use (or authorise or permit any other party to) the Services to receive or transmit material which is in violation of any law, regulation, or which is obscene, threatening, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright), or is otherwise unlawful;
(c) it shall not knowingly use (or authorise or permit any other party to) the Services in any way that contravenes or violates any law, regulation or code of practice regulating the provision of such Services, or which would result in MOBILEUNLOCKED.CO.UK contravening or violating any law, regulation or code of practice regulating the provision of such Services;
(d) it shall not knowingly or recklessly transmit any electronic material (including viruses) through the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by MOBILEUNLOCKED.CO.UK, other customers of the Service, or any other Service users;
7.2 Any breach of these obligations shall entitle MOBILEUNLOCKED.CO.UK immediately to terminate this Agreement and the provision of Services to the Customer without prior notice.
7.3 The Customer hereby agrees to fully indemnify and to hold MOBILEUNLOCKED.CO.UK harmless from and against any claim brought by a third party resulting from the use of the Services by the Customer and in respect of all claims, losses, damages, liabilities, obligations, costs and expenses, including reasonable legal fees and expenses, whatsoever ("Claims") suffered or incurred by MOBILEUNLOCKED.CO.UK in consequence of the Customer's breach or non-observance of these terms and conditions.
Force Majeure --
Neither party shall be liable to the other for any loss of data or if the performance of its obligations under this Agreement is prevented or hindered or delayed, in whole or in part, as a result of acts or omissions, events, causes, or conditions that could not be avoided by the exercise of due care by such party which include, acts of God; omissions of the other party or third party non-performance; failure of or defect and errors in third party software and hardware; acts of government; civil disobedience or insurrection; lock-outs; earthquakes; freight embargoes; acts of civil or military authority; national emergencies; fire, flood or catastrophe; war or riots.
General --
9.1 MOBILEUNLOCKED.CO.UK reserves the right to vary these terms and conditions from time to time. Such changes shall be notified to the Customer in writing and by posting on the MOBILEUNLOCKED.CO.UK Website (www.MOBILEUNLOCKED.co.uk). Changes in this manner shall be deemed to have been accepted if the Customer continues to use the Services after a period of two weeks from the date that the Customer receives notice in writing.
9.2 Except as expressly provided in this Agreement, nothing in this Agreement will create or confer any rights or other benefits on or in favour of any person who is not a party hereto whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.
9.3 This Agreement contains the whole agreement between the parties in respect of the Services and supersedes any prior written or oral agreement between them relating to it and the parties confirm that they have not entered into this Agreement on the basis of any representations that are not expressly incorporated in this agreement.
9.4 The Customer acknowledges that it has read and accepts the terms and conditions of this Agreement. Use of the Services by the Customer or execution of an order form by the Customer shall be deemed as acceptance of the terms and conditions of this Agreement.
9.5 Service performance can only be guaranteed if all information provided at the point of order by the Customer is correct and all instructions are followed precisely, the mobile phone is not stolen, blacklisted or already unlocked, and the IMEI number has never been altered, changed or tampered with in any way. Also if the phone has never undergone an attempted unlocking with codes in the past
A refund shall not be warranted if all of these criteria are not met. MOBILEUNLOCKED.CO.UK will endeavor to solve any problem any customer may have while attempting to use our service, however liability for the success of the service lies solely with the consumer. Furthermore, MOBILEUNLOCKED.CO.UK cannot guarantee that this service will enable the target handset to operate on any specific network. Certain handsets will only operate on certain networks.
9.6 This Agreement shall be governed by and construed in accordance with the laws of England and the Customer hereby submits to the exclusive jurisdiction of the courts of England.
9.7 The unlock code you are given is what you are purchasing. MOBILEUNLOCKED CO.UK, its affiliates and its parent company cannot be held liable or responsible for any failure to make that code unlock the phone, or for any subsequent failure of the phone as a result of any deviation from the strict instructions.
9.8 The customer agrees that once it has received the unlock code either by email or within it's web browser, it is not eligible to cancel the order. Due to the service we provide being based on the specific content of the order, the customer agrees to indemnify MOBILEUNLOCKED.CO.UK free of any obligation in accordance with the Distance Selling Regulations.
9.9 The customer acknowledges that not all Samsung handsets are compatible with the unlock codes we supply. Approx 20% of Samsung Handsets (in particular the A300, A800 & the E7' range) have an incompatible firmware installed on the handset which rejects the unlock code. Since we cannot determine which handsets will reject the unlock codes we supply and given the fact our website is fully automated we are unable to offer a money back guarantee for your purchase. This does not affect your statutory rights.
Rights of Consumer -- Nothing in these Conditions shall affect the statutory rights of a consumer..