1           Introduction

These general terms and conditions including the pricing and any wording contained on marketing materials and packaging including operating manual apply to Sim2dial dialler. Sim2dial is provided and serviced by Choice Technologies Limited with a registered office at 7 Spring Street, London, W2 3RA, UK. This terms and conditions shall remain valid and active until terminated the usage of Sim2dial. Any natural person, legal entity or partnership, who uses the Services (when your account is first activated) will be deemed to have accepted this Agreement and will be referred to as a customer (hereinafter “Customer”) of Choice Technologies Limited. The Agreement shall apply to all Services rendered by Choice Technologies Ltd.

 2           Products and Services provided by Choice Technologies Ltd.           

2.1    Sim2dial shall exercise such reasonable skill and care in the provision of the Services as may be expected of a reasonably competent telecommunications network operator.

2.2           The quality and the availability of the Services are related to Products and Services is subject to certain limitations, including the proximity of base stations and circumstances beyond sim2dial dialler’s reasonable control including, but not limited to, geographic and atmospheric conditions and the functional capability of Customer Product. The maintenance of the Network varies depending on your contracted network provider

  The quality and coverage of the Services depends partly on the Products, partly on the Network and partly on other telecommunications networks or services to which the Network is connected.  The Services might be adversely affected by too many people trying to use the Network at the same time, physical features (such as buildings and underpasses) and by atmospheric conditions or other causes of interference. Transmission of data calls shall occur at any particular speed or time or that all traffic (including certain capacities can or will be transmitted by the Network or there will be absolute protection of its Network against unauthorised access or interception.

 2.3           Sim2dial may, from time to time, and without notice, change the Services and Products in order to comply with applicable safety, regulatory or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for the Services and Products.

 2.4           Sim2dial may modify or suspend the Services wholly or partially, with or without notice, if such notice is deemed necessary by Sim2dial (e.g. for maintenance, upgrading, security, emergency or other valid reasons) or by an authorised authority. All reasonable efforts shall be made to minimise such Service disruptions. However, some interruption may be inevitable.

 2.5           If applicable, we will use reasonable efforts to enable you to obtain access to networks when you travel to other countries. We call this “roaming”. You should bear in mind that overseas networks may also be limited in quality and coverage and that we have no control over them.

Access to overseas networks will depend upon the arrangements between the foreign operators. We cannot therefore offer you any guarantee about roaming services. If you use Services from a country outside the UK your use of the Services may be subject to different laws and regulations that apply in that country. Sim2dial is not liable for your failure to comply with those laws or regulations.  Roaming charge may apply, please check with your net work provider. 

 2.6          Sim2dial reserves the right to bar certain accounts from the Services or disconnect the Services and Sim2dial on a temporary or permanent basis if there are reasonable grounds to suspect fraudulent activity or where Sim2dial would suffer direct loss.

2.7           Usage of the Sim2dial smart SIM Card and Service is limited to fair and reasonable usage. Our Services and tariffs assume fair usage of the Service by you. In the event of fair usage not being sustained on your account, Sim2dial reserves the right to review the rates and tariffs applied to your account or to terminate the Services and in this event, such termination shall be deemed to have been made by you. 

 2.8           The Customer may not make certain types of calls using the Products and Services. Please refer to sim2dial customer information guide and/or Sim2dial’s website www.sim2dial.co.uk for details.

 3           Customer's obligations

3.1           The Customer shall inform Sim2dial as soon as possible if your phone and SIM dialler (Products) is lost, stolen, damaged, or destroyed or likely to be used in an unauthorised manner and to co-operate with sim2dial in our reasonable security and other checks. The Customer further agrees that if the mobile phone and/or SIM Card is lost, stolen, damaged or destroyed or used without your authority, we shall have no obligation to make a refund to you of the credits left on your Account.

 3.2           The Customer is responsible for the acts and omissions of all persons using the Services and the Customer’s Product. Without prejudice to any provision of this Agreement, the Customer agrees:

 3.3           It is wholly responsible for the content of your use of the Service and sim2dial shall not be responsible or liable for any call content sent or received by the Customer (including content which contains a virus or other harmful or unlawful material). SIm2dial makes no representation and gives no warranty as to the quality, accuracy, correctness, completeness or suitability of any call content. The Customer’s reliance on or use of call content is at its sole risk.

 4           Prices

 4.1          The current up-to-date binding prices are published at all times on the Internet at

www.sim2dial.co.uk. The pricing is inclusive of VAT. If the sim2dial SIM dialler contains an initial credit and/or promotional credit that will be credited to the Customer’s account in accordance with the terms and conditions applicable to that offer.

4.2 The Sim2dial smart card and credit vouchers are provided and serviced by Choice Technologies Limited.

 4.2           You pre-pay for the Services by topping up your account with us. You do this by

Purchasing Top-Ups as set out in the rules relating to the Sim2dial tariffs and Services at www.sim2dial.co.uk  your pre-payments for Top-Ups are not repayable by us nor is interest payable on any credit you have with us.

  4.3          The call charges for International calls are stated and charged per minute and will be rounded up to the next whole minute. Therefore the minimum call charge shall be for one minute at prevailing rates.

 4.4          The Customer will be given due notice of price increases for services of Sim2dial, which can be implemented at any time and can be effective from any date. If the Customer continues to use the services after the entry into force of changes in prices, the new prices will be considered as accepted.

 5           Intellectual property rights

5.1           The title and goodwill attaching to the names, trademarks, copyright, brands and logos of sim2dial shall remain vested in Choice Technologies Ltd at all times.

 5.2           The Distributor shall not copy sim2dial names, trademark, pictures, brands and logos, nor copy any of sim2dial’s manuals or documentation, without Choice Technologies Ltd’s prior written consent.

 6           Data protection

6.1           For the purpose of this Clause 6, Personal Data shall include the following:

6.1.1        All information provided by you on activating your Sim2dial smart card; as part of your use of the Services; and/or should you choose to register your use of Mobile number with us.

6.1.2        Call, network and traffic information generated by your use of the Service covered by these terms and conditions or your use of Products, services and content accessed via or facilitated by your use of the Products, Services covered by these terms and conditions, including but not limited to your Mobile number, the numbers you call, the type, date, time, location, duration and cost of calls, messages or other communications.

6.1.3        Information obtained from third party sources such as our suppliers, marketing organisations or credit reference agencies.

6.1.4        If you have special needs, we may process sensitive personal data about your health, where you have advised us about those special needs. 

 6.2       Choice Technologies may contact the Customer by SMS, email or any other means from time to time in connection with the provision of the Services.

 6.3           Your personal data may be used by sim2dial, its group and affiliate companies or carefully selected third parties for the following general business-related purposes:-

6.3.1        Passed onto any third party assisting sim2dial in running the Network and to assist them in running the network and providing the Services, whether that use is direct or indirect.

6.3.2        Account management such as charging enquiries, and to provide customer care activities (including answering your queries)

6.3.3        Processing your applications and orders, and to supply and manage any services or products which we provide.

 6.3.4       To carry out customer care surveys.

 6.3.5       for carefully selected third parties to undertake some of the marketing and customer service responsibilities on our behalf.  Therefore, by using your Mobile you consent to your personal data being shared with these third parties.

 6.4           We may also contact you about the Products and services of carefully selected third parties, which we believe may also be of interest to you without passing control of your personal data to the third party concerned.

 6.5           If you do not wish to receive these marketing messages from sim2dial or wish to change any previously stated preferences, you can notify us by:

   6.5.1 Sending email to admin@sim2dial.com telling us your request or

   6.5.2 Calling the sim2dial admin on 0207 706 32 11 or

   6.5.3 Write to Sim2dial, Data Protection, 7 Spring Street, London, UK

 7           Suspension and Disconnection

We may suspend the services in whole or part at any time without notice if we have good reason to believe you haven’t complied with one or more of the terms and conditions. Sim2dial has the right to suspend any or all Services and to terminate the service with the Customer without notice. This particularly applies, in cases of abuse of the Services, in the event that facilities and service of sim2dial is being put at risk. In such cases, in lieu of terminating, Sim2dial may choose to block the Services. In case of blocking or termination of a contract, the Customer is fully liable for any and all damages.

8           Termination

Sim2dial top up vouchers will be valid for 90 days from activated date. 

9           Miscellaneous

In the event of a conflict between the terms and conditions of this Agreement and any advertising materials, these terms and conditions shall take precedence.

Prepaid Terms and Conditions Version 1.0 Valid from August 2008

Choice Technologies Returns Policy

Sim2dial smart cards

If you decide you do not want your sim2dial smart card after you have bought from us, you must return it with account no to us within 7 working days at your own cost.  Our returns policy only applies to sim2dial smart cards which are unused.

 
Refunds

Refunds (where applicable) will be credited to the account for the original purchase after receipt of the returned equipment and satisfactory inspection by us. Please allow 30 days for the refund.

Credit vouchers are issued and serviced by Choice Technologies Limited.