Terms and Conditions

General
(Customer) is a trading name of Data Select Limited (referred to in these Terms of Use as "Data Select", "we", "us" and "our").

This website ("the Site") is published and maintained by Data Select who act as seller in respect of all orders for products processed through or via the Site.

By using the Site you agree to be bound by these Terms of Use.
If you do not agree to these Terms of Use, please do not use the Site. From time to time, we may change or modify these Terms of Use.

You should therefore visit these pages in conjunction with each and every visit to the Site.

If you continue to use the Site after we have changed or modified these Terms of Use, you agree to be bound by the Terms of Use as are in force for the time being.

The products and services displayed on the Site may not be available in your particular country or locality, or even at all.

The reference to such products and services on the Site is for information purposes only and does not imply or warrant that these products or services will be available in your particular country, location or elsewhere.

Applications and features may be dependent on SIM card and/or network compatibility of devices necessary for use.

Ownership
All materials, including all images, software, text and graphics, buttons, keywords, metatags and as well as the general "look and feel", ("the Content"), contained on the Site are protected by copyright under national laws and international treaties. The marks, corporate logos and emblems displayed on the Site are subject to the trade mark, intellectual property and other rights of Data Select or its Content providers.

Without limiting the foregoing, the (Customer) logo is a registered trademark of Data Select.

Content
You cannot use the Content except as specified in these Terms of Use.

Data Select and its Content providers reserve the right to take all rights and remedies available to them (including legal action) in respect of a breach of these Terms of Use by you.

The Content may be viewed and printed but the Content must not be used for any commercial or other purpose save than for the purpose of purchasing products and services from the Site.

You may not exchange, modify, sell or transmit anything on the Site.

If you send any communications or materials to the Site by electronic mail or otherwise, all such communications will, to the extent not otherwise labelled, be treated as non-confidential and non-proprietary information and in such cases as the sender of such communications you shall be deemed to have consented to Data Select free use of such information, without any compensation to you.

Links
For your convenience, the Site may include links (“Links”) to other websites (“Linked Sites”) on the internet which are owned, published and maintained by third parties.

Please note that Linked Sites are not under Data Select’s control, and therefore Data Select cannot assume any responsibility for the content of such Linked Sites.

Links to the Site are prohibited without the consent of Data Select.

Links do not, and are not intended to, create or constitute a legal affiliation between Data Select and any third party.

Data Select shall not have any liability or responsibility for the content, advice, representations, products or services of any third party, or any endorsement, warranty or guaranty of a third party’s products and services (or the performance or quality of same) as provided for or detailed in any Linked Site.

Software
Any software that may be available for download from the Site ("the Software") is the copyrighted work of Data Select or its Content providers. The Software is made available for downloading solely for end-users personal use and its use is subject to terms of the end user license agreement, which accompanies or is included with the Software ("the License Agreement"). Any reproduction or redistribution of the Software not in accordance with the License Agreement may result in civil and criminal penalties.

Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited.

The Software is warranted, if at all, only according to the terms of the License Agreement and except as warranted in the License Agreement, and in respect of the Software Data Select hereby disclaims all warranties and conditions regarding merchantability, fitness for a specific purpose, title and non- infringement.

The Content on this Site may include technical inaccuracies or typographical errors.

Data Select reserves the right to revise Content at is absolute discretion without notice.

Protection of information
Internet transmissions are never completely private and secure. You understand that any message or information you send on the Site may be read or intercepted by others. Further, you should not give your password to anyone. Also, if you share your computer with other people, you should log out from the Site and close your browser window when you are done.

Age limit
Everyone is welcome to visit the Site.

However, if you want to contribute to the different sections of the Site, for example join a club or group, enter a contest or buy anything online, you must register. If you have registered you warrant to Data Select that you are at least 18 years old.

Indemnification
Neither Data Select nor those persons who helped us to create, produce, deliver, and/or maintain the Site are responsible for any damages that may result from your use of the Site. This includes direct, incidental, consequential, indirect, or punitive damages and legal fees arising from your access to, or use of, the Site.

Therefore, you are entirely responsible for the consequences of your use of the Site.

You agree to indemnify, and hold Data Select its providers, licensors and licensees, officers and parent companies (together "Indemnified Parties") harmless from and against any and all liabilities, claims and expenses, including any legal fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use.

Every effort has been made to ensure the accuracy of the information on the Site.

However, because of the nature of the medium and the risks of interruption and disruption, our liability is excluded as set out below.

Disclaimer of warranties and damages
Your use of the Site is at your own risk.

The Site (including all Content and functions made available on or accessed through the Site) is provided ""as is"" and "as available" to the fullest extent permissible by law.

With regard to the Content on the Site Data Select makes no representations or warranties of any kind whatsoever:

for the accuracy, merchantability, fitness for a particular purpose, or non- infringement of any Content published on or available through the Site; and
that the server that makes the Site available is free of viruses or other components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use the site.

Other than liability for death or personal injury caused by Data Select's negligence and to the fullest extent as is permitted by law, Data Select shall not be liable in contract, tort and/or circumstances including but not limited to negligence, for any consequential, direct, incidental, indirect, punitive, special damages and/or any loss of profits related to:

the use of or performance of the site or information available on the Site,
the inability to use the Site, or
errors or omissions in the Content and functions of the Site,

even if Data select or an authorised representative of Data Select has been advised of the possibility of such damages.

Miscellaneous
These Terms of Use and any additional terms and conditions posted on the Site together constitute the entire agreement between Data Select and you with respect to your use of the Site.

The failure of Data Select to require performance of any provision in these Terms of Use shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Data Select of a breach of any provision of these Terms of Use be taken or held to be a waiver of the provision itself. To be effective, any waiver by Data Select must be in writing.

Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.

If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible by law so as to affect the intent set out in these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

These Terms of Use shall be governed by and construed in accordance with the laws of England and you agree to submit to the non-exclusive jurisdiction of the Courts of England in respect of any dispute or other matter arising from these Terms of Use.

Privacy Policy Statement
Data Select is committed to respecting your privacy and to complying with applicable data protection and privacy laws.

You can visit our Site without disclosing any personally identifiable information about yourself (although please note that we may use cookies and collect other non-personally identifiable information about your browsing activity - see below for more information).

If you do submit personal information by ordering products, or services, for example, you can be assured that we will use your personal information only to support your continuing relationship with Data Select.

We have provided this Privacy Policy Statement to help you understand how we collect, use and protect your information when you visit our Site and when you generally use our products and services. We wish to help you make informed decisions, so please take a few moments to read the sections below and learn how we may use your personal information.

You should read this notice in conjunction with the Terms of Use for the Site and any other separate terms & conditions issued with your airtime or other product/service contract.

We endeavour to collect and use your personal information only with your knowledge and consent and typically when you order and subsequently use products and services, make customer enquiries, register for information or other services, request product information, submit a job application or when you respond to communications from us (such as questionnaires or surveys).

The type of personal information we may collect could include, for example, your name and postal address, date of birth, gender, telephone and fax numbers, email address, and credit/debit card information; lifestyle and other information collected on registration or through surveys. If you choose to provide us with personal information it will be used in support of the intended purposes stated at the time at which it was collected, and subject to any preferences indicated by you.

We may also collect non-personally identifying information about your visit to our Site and other similar websites based on your browsing (click-stream) activities. This information may include the pages you browse and products and services viewed or ordered for example. This helps us to better manage and develop our Site, to provide you with a more enjoyable, customised service and experience in the future, and to help us develop and deliver better products and services tailored to your individual interests and needs.

We may use your information for a number of purposes which includes: processing your orders and managing and administering your account; delivering any services, products or information requested by you; responding to complaints or account enquiries; administering debt recoveries; verifying your identity when required (you may lose your password or security information for example, and we may then need to ask you for other 'identifiable' information to protect your data from unauthorised access).

We may also undertake market and product analysis based on your use of our Site, services and products and contact you with information about new developments, products, services and special offers by post, telephone and automated means such as mobile text message (SMS), Email, Fax, Pager, WAP and the world wide web (subject to any preferences expressed by you).

We may also tell you about the products and services of carefully selected third parties and allow you to receive advertising and marketing information from those selected third parties without passing control of your personal information to the third party.

We may disclose information about you, your account and your mobile phone to companies within the Phones International Group for the purposes and subject to the terms of this Privacy Policy Statement; and In the event that we undergo a re-organisation or are sold to a third party, you irrevocably and unconditionally agree that any personal information we hold about you may be transferred to that re-organised entity or third party for the purposes and subject to the terms of this Privacy Policy Statement.

For the purposes of this Privacy Policy Statement, "Phones International Group" means Phones International Group Limited and any company or other entity in which Phones International Group Limited owns (directly or indirectly) more than 15% of the issued share capital. Companies in the Phones International Group shall include, without limitation, Phones International Group Limited, Virtual Phone Store Limited, Data Select Ltd, Wireless Logic Limited and Wireless Logic Managed Services Limited.

Please note that Data Select do not sell or pass your personal information to third parties (other than as set out in the paragraph above) unless you have given us permission or unless it is necessary to deliver the products and services ordered or used by you. For example, we may disclose your data to a credit card company to validate your credit card details and obtain payment when you buy a phone or other product or service.

Data Select may also be obliged to disclose your personal information to meet any legal or regulatory requirements or obligations in accordance with applicable law.

We may use cookies to record details such as a user identity and general registration details on your PC. This helps us recognise you on subsequent visits so that you don't have to re-enter your registration details each time you visit us and allows us to carry out those activities mentioned in the above section "non-personally identifying information".

Depending upon the type of browser you are using, you may be able to configure your browser so that:

you are prompted to accept or reject cookies on an individual basis or
you may be able to prevent your browser from accepting any cookies at all.

You should refer to the supplier or manufacturer of your web browser for specific details about cookie security.
You can write to us at any time to obtain details of the personal information we may hold about you.* Please write to: Data Protection Manager (SAR), Data Select, Network House, Globe Park, Marlow, Buckinghamshire SL7 1LY.

*we reserve the right to charge you £10 to cover the administration costs involved.

Please quote your name and address together with your account number. We would be grateful if could also provide brief details of what information you want a copy of (this helps us to more readily locate your data).

We will take all reasonable steps to confirm your identity before providing you with details of any personal information we may hold about you.

Data Select recognises that its customers are increasingly concerned about how companies protect personal information from misuse and abuse and about privacy in general. Data Select is constantly reviewing and enhancing its technical, physical and managerial procedures and rules to protect your personal data from unauthorised access, accidental loss and/or destruction. We use industry standard secure sockets layer (SSL) technology, for example, to encrypt sensitive information such as your credit card and other financial information.

Please be aware that communications over the Internet, such as emails/webmails, are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered - this is the nature of the World Wide Web/Internet. Data Select cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.

Sales Terms & Conditions
The following sales terms & conditions (“Terms and Conditions”), apply to all orders made by you for products (“Products”) and services (“Services”) on or through the Site.

(Customer) is a trading name of Data Select Limited (referred to in these Terms and Conditions as "Data Select", "we", "us" and "our").

By ordering products and services on or through the Site you agree to be bound by these Terms and Conditions.

Data Select is acting as seller for all orders (“Orders”) placed by you through the Site:

Orders

All Orders are subject to acceptance by us and subject to availability. If the item or items that are subject to your Order is/are not available you will be contacted by e-mail or phone (if you have given us your contact details) and you will have the option either to wait until the item is available or to cancel your order.
All prices shown on are Site are unless otherwise stated inclusive of value added tax (“VAT”) at the current rates as are correct at the time. However, we reserve the right to change prices without prior notice to you.
The purchase of ‘Pay as You Talk’ handsets is limited to 3 per customer/household.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your Order and any associated payment details secure, but in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
You warrant that the user information which you are required to provide when you make an Order and offer to buy Products and/or Services via the Site is true, accurate, current and complete in all respects.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Subject to clause 1.8 below, if you are a private consumer, you may cancel any Products and/or Services that are subject to an Order made by you at any time within 14 days of receipt (exceptions apply) of those Products and/or Services without incurring any obligation or liability to us.
Notwithstanding clause 1.7 above you may not cancel any Services that are subject to an Order once we/any relevant third party have started to provide those Services to you.

Offers to Purchase and Description of Products/Services
1. Each Product or Service purchased on the Site is sold subject to its description as set out on the Site together with any additional specific terms and conditions related to that Product or Service including, without limitation, terms and conditions concerning estimated delivery times and any manufacturer's guarantee.
2. Products are sold with such guarantee as is provided in any relevant manufacturer's guarantee card supplied with a Product. Any manufacturer's guarantee is subject to you supplying proof of purchase and complying with any other conditions specified in the manufacturer’s guarantee card supplied with the Product. Any such manufacturer's guarantee shall not apply to any Product or part thereof, which:
3. Any Order made by you will be treated as an offer to purchase Products and/or Services (as the case may be) from us.
4. A contract (“Contract”) between you and us in respect of the supply of Products and/or Services (as the case may be) by us to you will only be formed when we have accepted the Order and dispatched the relevant Product(s) to you or commenced the provision of the relevant Services (as the case may be), or, if earlier, when we debit your credit or debit card, for payment of the Products and/or Services (as the case may be) pursuant to such Order.
5. Each Contract is completed in London, England.
6. We reserve the right at our absolute discretion to reject any Order made by you for Products and/or Services at any time and without reason.
7. You acknowledge that any automated acknowledgement of your Order which you may receive from us shall not amount to our acceptance of your offer to purchase Products and/or Services from us subject to that Order and as advertised on the Site.
Right of Cancellation / Returns
1. Subject to clause 3.2 below if you are purchasing Products and/or Services from us for private use (i.e. as a consumer as opposed to for business use), you have the right to cancel any Contract completed pursuant to clause 2.4 within 14 days of receipt by you of the relevant Products and/or Services (as the case may be) ("Cancellation Period").
2. Notwithstanding clause 3.1 above you may not cancel any Services that are subject to an Order once we/any relevant third party have started to provide those Services to you.
3. If you do cancel a Contract pursuant to clause 2.4 you must:
  (i)         either notify us in writing to, re: Data Select, Network House, Globe Park, Marlow, Buckinghamshire, SL7 1LY, United Kingdom, by email to dataselectsales@dataselect.co.uk or by phone on 0845 217 7712;
  (ii)         retain possession of the relevant Products;
  (iii)        take reasonable care of the Products until we collect such Products from you, or you deliver those Products to us; and
  (iv)        ensure that, subject to clauses 3.3 and 3.4 below, that the relevant Products are returned or are made available for collection (as the case may be) in the same condition as it/they was/were in when it/they was/were delivered to, or collected by, you from us (as the case may be).
4. If you do cancel a Contract pursuant to clause 2.4, then we will notify you of when we wish to collect the relevant Products or if we require you to return those Products to us at your cost. We will endeavour to collect the relevant Products within 21 days of our receiving your notification of cancellation in respect of those Products.
5. We reserve the right to charge you for any direct costs incurred in collecting the Products to be collected pursuant to clause 3.3 above and will, at our option, deduct these from any sum owed to you in respect of the cancellation of such Contract. Alternatively, if you wish, you may arrange return of the relevant Product(s) to us, during working hours, by calling 0845 217 7712 or by emailing us at returns@matobmobile.co.uk.
6. Our only liability to you in the event that you cancel a Contract is, subject always to clause 3.6 and our right to deduct costs as referred to in clause 3.4, to refund you the cost of the Products supplied pursuant to the cancelled Contract and returned to us in accordance with these Terms and Conditions.
7. If you have cancelled a Contract and returned Product(s) on the basis that such Product(s) are faulty and those Product(s) are not faulty or are returned in an opened, unfit for resale state then no refund will be applied and those Products will be returned to you. We reserve the right to charge post and packaging for re-sending unfit or incomplete returned Product(s).
8. If you do cancel a Contract pursuant to clause 2.4 and in accordance with this clause 3 and these Terms and Conditions generally, we will refund the monies you have paid to us in respect of the relevant Product(s) within 30 days of receipt of your cancellation notice in respect of such Contract.
Payment
1. You can pay for Product(s) and Service(s) ordered by you from us through our Site by any major credit or debit card. Payment will be debited and cleared from your credit card or debit card (as the case may be) at the time of the relevant Contract and before the dispatch of Your Good or provision of the Service to you.
2. You warrant to us that any credit card or debit card used by you to purchase Products and/or Services from our Site is yours.
3. All credit/debit card holders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such third parties as are necessary to enable us to do such checks. If the issuer of your credit/debit card refuses to authorise payment to us, we will not be liable for any delay or non-delivery and will immediately cancel your Order and will not dispatch any Products or Services to you that are subject to such Order.
4. The merchant number for payment for Products and Services ordered through our Site is owned by Data Select. All payments will be fulfilled by “Pay Select” on Data Select's behalf in its capacity as seller and owner of the Site. All enquiries as to the payment of Products and Services from our Site should be directed to: 0845 217 7712 or by emailing us at sales@matobmobile.co.uk.
Eligibility to Purchase
1. The purchase of Products and/or Services from our Site is limited to parties that lawfully can enter into and form contracts under English law and who are resident or incorporated in the United Kingdom.
2. This means that if you are an individual, you must be 18 years or older to purchase any Products and/or Services via the Site and by submitting an Order you warrant and represent to us that you are 18 years of age or older.
3. To register on the Site, you must provide your real name in full, phone number, e-mail address, debit/credit card details and information requested by us as part of the Order process on the Site.
4. The Site is available only to individuals and companies or partnerships who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those who have been issued a valid debit/credit card by a bank acceptable to us, whose applications are acceptable to us and who have authorised us to process a charge or charges on their debit/credit card in the amount of the total purchase price for any Products or Services which are the subject to the relevant Order to which such purchase price relates.
5. By submitting an Order to us, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit/credit-card number or credit reports, to authenticate your identity, to validate your debit/credit card, to obtain an initial debit/credit card authorisation and to authorise individual purchase transactions.
Delivery
1. Delivery of any Products that you have submitted an Order for will be made through The Royal Mail Special Delivery service.
2. Delivery requires a signature upon delivery of the Products at the designated delivery address requested by you as proof of delivery of those Products to you. Our delivery commitment is limited to the delivery of the purchased Products to the address specified by you in the Order to which such Products relate.
3. Should no one be available at the time we attempt to make delivery of Products to you in accordance with this clause 6 then a calling card will be left asking you to contact your local sorting office to arrange collection of those Products from that sorting office. Proof of identity may be required when collecting products from the Royal Mail directly whether at that sorting office or otherwise.
Contact us
For technical Support on handsets and accessories or for sales advice please call 0845 217 7712
Or email us on sales@matobmobile.co.uk
Our office hours are: Monday to Friday 0830 to 1800 hrs
Amendment and Waiver
1. No alterations to, addition to or qualification of these Terms and Conditions shall be binding upon us unless expressly accepted in writing by us.
2. The failure by us at any time or for any period to enforce any one or more provisions of these Terms and Conditions shall not be a wavier of that those provision(s) nor a wavier of the right to enforce such provision(s) on a future occasion.
Disclaimer
1. To the fullest extent permitted by law, we disclaim all representations, terms, conditions and warranties (including those relating to satisfactory quality, merchantability, fitness for a particular purpose, title and non-infringement) relating to any Products and Services provided by us to you pursuant to these Terms and Conditions.
2. If you are a private consumer, these Terms and Conditions will not affect any statutory rights which you may have under any Act of UK Parliament and any rights which cannot be excluded by law and/or by agreement.
3. In the event that any provision of these Terms and Conditions is held by a court of law or competent jurisdiction to be unenforceable, these Terms and Conditions will be amended to such extent as is strictly necessary to ensure that they are enforceable and all other provisions of these Terms and Conditions that are not so amended shall continue to have full force and effect subject to such amendment.
Law and Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with English law and both we and you (by placing an Order), irrevocably and unconditionally agree to submit to the non-exclusive jurisdiction of the Courts of England in respect of any dispute or other matter arising out of these Terms and Conditions.

Email: enquiries@smartermobile.com

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Terms and Conditions