THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE "Diamond
Numbers™" WEBSITE.
A) Terms and Conditions of Site use
B) Purchasing your new mobile numbers
C) General Provisions relating to use of the Site and sale of mobile numbers
A) Terms and Conditions of Site use
INTRODUCTION
Welcome to the Internet site of Diamond Numbers™ Limited. By accessing,
browsing and/or using the diamondnumbers.com internet site
(“Site”), you agree, without limitation or qualification, to be
bound by these terms and conditions and any additional or alternative
conditions, terms, policies and rules which are displayed or to which you may
be directed in connection with our Site, all as may be modified by us from time
to time in our sole discretion (collectively the "Terms and
Conditions"). If you do not agree with these Terms and Conditions, you may
not access, browse and/or use our Site and must navigate away from it now.
TERMINOLOGY "Us", "We", “Our”
means Diamond Numbers™ Limited.
(1) USER CONDUCT
In consideration of the availability, and your use, of our Site, you agree to
comply with all applicable laws and these Terms and Conditions when using our
Site. You acknowledge that we might investigate any violations of the law and
may also cooperate with any law enforcement authorities with regard to
prosecuting users. Also, you must agree:
1. not to post, transmit, link to, or otherwise distribute any
materials, information or content constituting, advocating or encouraging
conduct that would constitute a criminal offence or give rise to civil
liability, or otherwise use the Site in a manner which is contrary to the law
or would serve to restrict or prohibit any other user from using or enjoying
the Site or the Internet.
2. not to post, transmit, link to, or otherwise distribute any
materials, information, or content (including for greater certainty, software)
which contains a Trojan horse, worms, viruses, cancel bots or any other
damaging or disruptive component.
Diamond Numbers™ Limited reserves the right to refuse to
post material on the Site or to remove material already posted on the Site. You
will indemnify us against all losses, liabilities, costs and expenses
reasonably suffered or incurred by us, all damages awarded against us under any
judgment by a court of competent jurisdiction and all settlements sums paid by
us as a result of any settlement agreed by us arising out or in connection
with:
1. Any claim by any third party that the use of the Site by you is
defamatory, offensive or abusive, or of an obscene or pornographic nature, or
is illegal or constitutes a breach of any applicable law, regulation or code of
practice;
2. Any claim by any third party that the use of the Site by you
infringes that third party's copyright or other intellectual property rights of
whatever nature; and
3. Any fines or penalties imposed by any regulatory, advertising or
trading body or authority in connection with the use of the Site by you.
(2) INTELLECTUAL PROPERTY
All the material, content and information (collectively "Content")
available on this Site, including the manner in which such Content is presented
are: Copyright 2005 Diamond Numbers™ Limited, its affiliates and/or
licensors. All rights are reserved. Such Content is protected by English and
worldwide copyright laws and treaty provisions.
Diamond Numbers™ Limited grants you a limited non-exclusive,
non-transferable licence to use and display on your computer or other
electronic access device, the Content for your own personal and non-commercial
use only, provided that you do not modify the Content and that you maintain all
copyright and other proprietary notices.
(3) AVAILABILITY OF THE SITE
Although diamondnumbers.com aims to offer you the best service possible,
diamondnumbers.com makes no promise that the Site will meet your requirements.
diamondnumbers.com cannot guarantee that the Site will be fault free. If a
fault occurs in the Site you should report it to Customer Services. We reserve
the right to withdraw our mobile numbers from sale at anytime.
(4) ALTERATIONS TO THE SITE
We reserve the right, at our discretion, to modify, change, add, or remove
portions of these Terms and Conditions at any time. Please check periodically
for any changes. Your continued use of our Site following the posting of any
changes to these Terms and Conditions will mean that you accept those
changes.
(5) SITE LIABILITY
The Site is provided by Diamond Numbers™ Limited without any warranties
or guarantees. You must bear the risks associated with the use of the Internet.
In particular, we disclaim all liabilities in connection with
the following:
1. incompatibility of the Site with any of your equipment, software or
telecommunications links
2. technical problems including errors or interruptions of the Site
3. unsuitability, unreliability or inaccuracy of the Site
4. inadequacy of the Site to meet your requirements
To the full extent allowed by applicable law, you agree that we will not be
liable to you/or any third party for any consequential or incidental damages
(including but not limited to loss of revenue, loss of profits, loss of
anticipated savings, wasted expenditure, loss of privacy and loss of data) or
any other indirect, special or punitive damages whatsoever that arise out of or
are related to the Site.
(6) THIRD PARTY WEBSITES
As a convenience to Diamond Numbers™ Limited customers, the Site includes
links to other web sites or material which are beyond its control. Diamond
Numbers™ Limited is not responsible for content on the Internet or World
Wide Web or any other site outside the Site. You acknowledge and agree that
your correspondence or business dealings with any third parties, including any
merchants or advertisers, found on, or through, the Site, including payment for
and delivery of related goods and services, and all other terms, conditions,
representations and warranties related to such dealings, are solely as between
you and such third parties. Diamond Numbers™ Limited can assume no
responsibility whatsoever for any charges you or any user of your account
incurs when making purchases or other transactions in this manner. Furthermore,
the responsibility for ensuring compliance with all applicable laws in
connection with any such transactions shall be yours alone. You agree that we
will not be held responsible or liable in any way for any losses or damages of
any kind incurred as a result of, or in connection with, any such dealings or
transactions.
(7) ADVERTISING AND SPONSERSHIP
Part of the Site may contain advertising and sponsorship. Advertisers and
Sponsors are responsible for ensuring that material submitted for inclusion on
the Site complies with relevant laws and codes. We will not be responsible for
any error or inaccuracy in advertising and sponsorship material
(8) PRIVACY
You acknowledge and agree to be bound by the terms of our privacy policy.
B) Purchasing your new mobile numbers
(1) AVAILABILITY OF MOBILE NUMBERS
Items shown on the Site will be in stock unless we tell you otherwise but
occasionally we may be unable to supply a particular mobile number.
(2) PRICES OF MOBILE NUMBERS
The prices payable for a mobile number are set out on the Site and lists the
prices payable for that order. Every effort is made to ensure that prices shown
on the Site are correct. In the unlikely event that an error is made in the
price shown on the Site, we will not be liable to supply the mobile number to
you at the stated price, provided that we notify you before we despatch the SIM
Card concerned. In those circumstances, we will not despatch the SIM Card but
will notify the correct price to you so you can decide whether or not you wish
to order the mobile number at that price.
(3) PAYMENT FOR MOBILE NUMBERS
a. Master card or Visa credit card, Switch or Delta card
You can pay by Master card or Visa credit card, Switch or Delta debit card.
Your credit/debit card details will be accepted to minimise the possibility of
unauthorised access or disclosure. Authority for payment must be given at the
time of order.
Our liability to you in connection with any order will not
exceed the total price charged for the relevant items.
b. Paypal Account
You can pay via a designated Paypal Account. We will not be responsible if any
error(s) arise with their service. Please refer to PAYPAL’s terms and
conditions at www.paypal.com.
c. Cheques
We also accept cheques.
Note all mobile numbers remain the property of Diamond
Numbers™ Limited until full payment has been received in cleared funds.
We DO NOT authorise any REFUNDS for any purposes. All Numbers are sold on a
strict sale only basis.
Diamond Numbers™ Limited reserves the right to change the
price of a mobile number and method of payment upon notice to you. Notice
includes the posting of any changes on the relevant pages of this Site related
to payment provisions.
By purchasing a mobile number, you warrant that:
(a) you are of the age of majority in the jurisdiction in which you reside,
(b) all information you submit is true and correct (including without
limitation all credit/debit card information), and
(c) you are the cardholder of the credit/debit card.
(4) RESERVING MOBILE NUMBERS
A mobile number may be reserved for 2 working days without obligation to
purchase when a ten percent (10%) non refundable deposit is received by Diamond
Numbers™ Limited. After 2 working days the mobile number will be
re-listed unless we have received the balance payment due.
(5) DELIVERY
When you purchase a mobile number, we will deliver a SIM Card to the address
specified by you on the completed order form.
Please note that we can only deliver SIM Cards within England,
Scotland and Wales. Your order will be delivered by Royal Mail special delivery
which you will have to sign for. If you are unavailable when they call, a card
will be left and you can pick up your items at your local postal depot within
21 days. We do our best to secure delivery within 30 days of the date of your
order. Diamond Numbers™ Limited shall not be liable for loss occasioned
by delay in delivery arising out of any cause beyond our control. For orders
placed before 12 noon we aim to deliver your order the next day (except for
weekends and bank holidays). In all cases we aim to deliver within 3 to 7
working days. Ownership of the SIM Card will not pass to you until such time as
we have received payment of the purchase price in full. Risk of damage to or
loss of the SIM Card shall pass to you at the time of delivery of the SIM Card.
Wrong or missing items.
Please check your order and despatch note carefully. You must contact us on
08452 222 333 within 48 hours of receipt of your order if you have received any
incorrect items or anything is missing from your order.
(6) ACTIVATING YOUR MOBILE NUMBER
The SIM Card will be connected to one of the main mobile phone networks. This
SIM Card will in most cases work when you receive it. The SIM Card will come
registered to yourself (the customer) or to Diamond Numbers™ Limited,
depending on the network that the particular SIM Card is registered to. If
registered to Diamond Numbers™ Limited the details can simply be changed
using the username and password that we will supply. For full details on how to
transfer ownership please see the Site or the booklet provided with your SIM
Card. We do however reserve the right to keep the SIM Card registered in our
name for a minimal amount of time as in some cases this may be necessary.
(7) RIGHT FOR YOU TO CANCEL YOUR CONTRACT
You may cancel your contract with us for a mobile number at any time up to the
end of the seventh working day from the date you receive the SIM Card. You do
not need to give us any reason for canceling your contract nor will you have to
pay any penalty.
To cancel your contract you must notify us in writing, at our
contact address. If you have received the SIM Card before you cancel your
contract then you must send the SIM Card back to our contact address at your
own cost and risk. If you cancel your contract but we have already processed
the SIM Card for delivery you must not unpack the SIM Card when it is received
by you and you must send the SIM Card back to us at our contact address at your
own cost and risk as soon as possible.
Once you have notified us that you are canceling your contract,
any sum debited to us from your credit card will be re-credited to your account
as soon as possible and in any event within 30 days of your cancellation
PROVIDED THAT the SIM Card in question is returned by you and received by us in
the condition it was delivered to you. If you do not return the SIM Card
delivered to you or do not pay the cost of delivery, we shall be entitled to
deduct the direct costs of recovering the SIM Card from the amount to be
re-credited to you.
(8) RIGHT FOR US TO CANCEL YOUR CONTRACT
We reserve the right to cancel the contract between us if:
(a) We do not have the mobile number you have ordered,
(b) One or more of the mobile numbers you have ordered was listed at an
incorrect price due to a typographical error or an error in the pricing
information received by us from our suppliers.
If we do cancel your contract we will notify you by e-mail and
will re-credit to your account any sum deducted by us from your credit card as
soon as possible but in any event within 30 days of your order. We will not be
obliged to offer any additional compensation for disappointment suffered.
(9) LIABILITY
If the SIM Card delivered to you is damaged or defective, we shall have no
liability to you unless you notify us in writing at our contact address of the
problem within 5 working days of the delivery of the SIM Card in question.
If you do not receive the SIM Card within 30 days of the date on
which you ordered it, we shall have no liability to you unless you notify us in
writing at our contact address of the problem within 40 days of the date on
which you ordered the SIM Card. If you notify a problem to us under this
condition, our obligation will be at our option to make good any non-delivery,
repair a SIM Card that is damaged or defective, or to refund to you the amount
paid by you for the mobile number in question.
Save as precluded by law and the above clause we, including our
licensors and affiliates, will not be liable to you for any direct, indirect or
consequential loss, incidental special or exemplary damages or
expenses(including loss of profits, savings, business or goodwill) however
arising out of any action or default of any third party over which we have no
control, nor will we be liable to refund to you the amount paid by you for the
mobile phone number in question.
You must observe and comply with all applicable regulations and
legislation, including obtaining all necessary customs, import or other permits
to purchase a mobile number from our Site. We make no representation and accept
no liability in respect of the export or import of the mobile number you
purchase.
C) General Provisions relating to use of the Site and sale of mobile numbers
(1) NOTICES CLAUSE
Unless otherwise expressly stated in these Terms and Conditions, all notices
from you to us must be in writing and sent to our postal address at Diamond
Numbers™ Ltd, Contex House, Unit G, Longford Trading Estate, Thomas
Street, Stretford Manchester M32 0JT and all notices from us to you will be
displayed on this Site from time to time.
(2) ARBITRATION AND ACTIONS
Any controversy, claim or dispute arising out of or relating to these Terms and
Conditions, your use of our Site or your purchase of a mobile number or the
relationship which results from these Terms and Conditions, including without
limitation, the performance, breach, enforcement, existence or validity of the
matters provided for in these Terms and Conditions which cannot be amicably
resolved, even if only one of the parties declares that there is a difference
(collectively, a "Claim"), will be referred to and finally settled
(to the exclusion of the courts) by private and confidential binding
arbitration before a single arbitrator held in the United Kingdom and governed
by English law as amended, replaced or re-enacted from time to time. The
arbitrator shall be a person who is legally trained and who has experience in
the mobile communications field in the United Kingdom and is independent of
either party. Any such Claim shall be arbitrated on an individual basis, and
shall not be consolidated in any arbitration with any claim, controversy or
dispute of any other party. You agree to waive any right you may have to
commence or participate in any class action against us related to any Claim
and, where applicable, you also agree to opt out of any class proceedings
against us. Notwithstanding the foregoing, we reserve the right to pursue the
protection of intellectual property rights and confidential information through
injunctive or other equitable relief through the courts.
(3) GOVERNING LAW/JURISDICTIONAL ISSUES
The Site and Content is controlled, operated and administered by Diamond
Numbers™ Limited from its offices within the United Kingdom. We make no
representation or warranty that the Site is appropriate or available for use at
any locations outside the United Kingdom. Should you access our Site from
outside the United Kingdom, you are responsible for compliance with the
particular country’s laws. You may not export any of the Content
accessible through our Site in violation of applicable export laws and
regulations. These Terms and Conditions shall be interpreted, construed and
governed in accordance with English law and the English Courts shall have
jurisdiction to resolve any disputes between us.
(4) OFCOM
Diamond Numbers™ Limited is regulated by the Office of Communications
(Ofcom) or their replacement from time to time. For more information on Ofcom
go to www.ofcom.org.uk.
(5) MISCELLANEOUS
The rights under these Terms and Conditions are personal to you, and you may
not assign them to anyone. These Terms and Conditions constitute the entire
Contract between Diamond Numbers™ Limited and you pertaining to your use
of our Site, Content and purchasing of mobile numbers and supersedes any prior
agreements between you and Diamond Numbers™ Limited with respect to the
subject matter hereof. Our failure to insist upon or enforce strict performance
of any right or provision of these Terms and Conditions shall not constitute or
be construed as a waiver of any right or provision. If any of the provisions
(or parts thereof) contained in these Terms and Conditions are determined to be
void, invalid or otherwise unenforceable by a court of competent jurisdiction,
such determination shall not affect the remaining provisions (or parts thereof)
contained herein. Diamond Numbers™ Limited reserves the right to amend
our Terms and Conditions at anytime without displaying them on our Site.
(6) CONTACT DETAILS
The diamondnumbers.com site is owned and operated by Diamond Numbers™
Limited a company registered in England and Wales whose registered office is at
Contex House, Unit G, Longford Trading Estate, Thomas Street, Stretford
Manchester M32 0JT.
If you have any queries please contact Customer Services at
info@diamondnumbers.com or phone 08452 222 333
Company Registration No 05251852
VAT Registration Number: 868336288
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