PAYG SIM Top-up Terms and Conditions
Terms and Conditions for Pay As You Go customers who purchase an online FREE SIM Top-up from Paragon Group UK Limited
These terms and conditions will apply when you access the SIM TopUp Service via the Talkmobile.co.uk website. Before proceeding to use the service, we ask that you read these terms and conditions carefully.
Please note in particular that by clicking the Paypal Checkout button on the Order Form you expressly request and give consent that we will begin the provision of the SIM TopUp Service and will have fully performed the Service before you can give notice of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
By ticking the corresponding box on the order page and clicking the Paypal Checkout button you acknowledge and agree that you will lose your right to cancel the contract with us before the end of the statutory 14 day cancellation period. Please see clause 5 below for further details.
If you find yourself unable to agree to this loss of your right to cancel or to anything else within these terms and conditions, then you must not use the SIM TopUp Service and we ask that you do not click on the Paypal Checkout button that appears at the end of the Order Form. If, however, you agree to these terms and conditions unconditionally, please confirm this by filling in the Order Form, ticking the check box regarding your loss of cancellation rights and clicking the Paypal Checkout button shown on the order page to order the SIM TopUp to which these terms and conditions will apply.
1. General information
1.1.For your convenience, we have listed below some general information about ourselves:
(a) "We" are Paragon Group UK Limited, a company registered in England and Wales with company number 00551336 and having its registered office at Pallion Trading Estate, Sunderland, Tyne and Wear, SR4 6ST.
(b) Our service ("the Service" or “TopUp Service) allows you to top up the Free SIM you have ordered from Talkmobile Limited on talkmobile.co.uk/order-payg-sim with £5, £10, £15 or £20 at the point of ordering. Please note though that the Free SIM itself is not provided by us but by Talkmobile Limited. Please click here to access the corresponding terms and conditions in relation to the provision of the Free SIM by Talkmobile Limited. Please also note that Talkmobile’s Pay As You Go Airtime Conditions apply to the use of the TopUp.
(c) Our email address is firstname.lastname@example.org. You can also obtain help from the Talkmobile website by going to talkmobile.co.uk/help.
(d) Our VAT number is 708876591.
2.1. "Agreement" means these conditions (and any documents referred to in them) and the Order Form. These Conditions, and any changes made to them, may be viewed and printed out at any time at talkmobile.co.uk/payg-tsandcs-may15
2.2. "Mobile Service" means services relating to the Free SIM, telephony or mobile phone service.
2.3. "Order" means your order of the Service via the website at talkmobile.co.uk/order-payg-sim
2.4. "Order Data" means your name, payment billing address, delivery address (if different to payment billing address), e-mail address, and payment details which you enter on the Order Form when placing your Order.
2.5. "Order Form" means the online form available to order the Services at talkmobile.co.uk/order-payg-sim
2.6. "Order Process" means the online completion of the Order Form for the Service by you at talkmobile.co.uk/order-payg-sim
2.7. "PayPal" means the online payment services provided by PayPal (Europe) Sarl et Cie SCA.
2.8. "Service" or "TopUp" means the topup of a Talkmobile Limited Free SIM with £5, £10, £15 or £20 at the point of ordering.
2.9. "we," "us," or "our" means Paragon Group UK Limited.
2.10. "you", "your," or "yours" means the person who accesses talkmobile.co.uk/order-payg-sim and places an Order for the Services with us.
3. Start of this Agreement
3.1. This Agreement starts when you receive confirmation that we have received the required payment via PayPal in respect of your Order and we send you an email notification that your Order has been accepted by us.
3.2. We reserve the right to decline your Order of the Service at our entire discretion; for example if you have insufficient credit to pay for the Service or if there is a suspicion of fraud. You will receive a notice either via the website or by email if your Order of the Service is declined.
4. The Service
4.1. We agree to provide you with the Service pursuant to the terms and conditions of this Agreement and in performing our obligations under this Agreement we will exercise reasonable care and skill.
4.2. Provision of the Service is dependent on the following:
(a) your completion of the Order Form in accordance with clause 4.4;
(b) your acceptance of Talkmobile's Free SIM terms and conditions and Talkmobile’s Pay As You Go Airtime Conditions;
(c) your acceptance of your loss of your statutory right of cancellation pursuant to clause 5;
(d) no declination of your Order pursuant to clause 3.2; and
(e) our confirmation to Talkmobile and/or its third party providers of our acceptance of your Order.
4.3. You represent and warrant that all information you provide to us in connection with the Service, including but not limited to your Order Data, will be true, complete and accurate in all respects. You acknowledge that we are wholly reliant on the accuracy of the Order Data you provide and will rely on it in the provision of the Service to you. If you provide any Order Data that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that your Order Data is untrue, inaccurate, not current or incomplete, we have the right to suspend, terminate, or refuse your current or future use of the Service.
4.4. To order the Service, you must provide us with your full name, postal address, supply valid credit or debit card details via PayPal as well as an email address (your "Order Data"). The Order Data that you provide may be validated by PayPal, Talkmobile and/or its subcontractors against information we may already have for you, your credit or debit card, your bank account or information we receive from any Vodafone third party providers, or information maintained by such third party provider.
4.5. You are responsible for providing a suitable computer with internet access and web browser and any other items of hardware or communications equipment necessary to enable you to access and use the Service. In consideration of agreeing to your use of this website, you acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, copyright) in this website belongs to us, to Talkmobile or any third party providers, as the case may be. Accordingly, no part of this website (or its source HTML code) may be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.
4.6. You may only use the trademarks featured on the website for the purpose of displaying the website on your computer screen or printing it out on your printer in accordance with clause 4.5 above.
4.7. You may not link this website to any other website. Furthermore, we do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hyperlink with this website.
4.8. You are responsible for ensuring the security of the computer or other computers you use to access the Service. We are not responsible for losses incurred by you including, without limitation, the use of your account by any person other than you, arising as the result of misuse of passwords. We are not responsible for losses incurred by you including, without limitation, the use of your account by any person other than you, arising as the result of inadequate provision of security on those computers used by you to access the service such that the passwords can be obtained without your consent.
4.9. We cannot guarantee that the Service will never be faulty and that the technical systems required to place an Order will always be available and error-free. However, we will work with our third party providers as well as with Talkmobile and its third party providers to correct reported faults as soon as we reasonably can.
4.10. We reserve the right to temporarily suspend the Service for operational reasons, but, wherever possible, we will give you as much notice as we reasonably can before doing so. We will endeavour to restore the Service as soon as possible after any suspension.
4.11. If you are not satisfied with any aspect of the TopUp Service you have received, you may contact us on email@example.com.
4.12. If you are not satisfied with any aspect of the Mobile Service you have received, you may contact Talkmobile by calling 5888 from your Talkmobile phone. There is a flat rate of 25p for calling this number. You can also check the Talkmobile website for help and frequently asked questions at talkmobile.co.uk/help.
4.13. Following acceptance of your Order by us, the Talkmobile account that corresponds with your ordered Free SIM will be updated to reflect the TopUp ordered by you shortly after your Order has been accepted. Payment is processed immediately and confirmed, and airtime will be credited before dispatch of the SI. Dispatch may take between 24 hours and 10 days.
4.14. The TopUp Service is deemed completed once the TopUp has been successfully carried out.
5. Loss of statutory right of cancellation
5.1. As the Service provided by us will have been fully performed before you can exercise your statutory right of cancellation pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you are required to make an express request to us that we may begin and fully perform the supply of the Service before the end of the 14 day cancellation period.
5.2. In relation to this Agreement, by ticking the corresponding box during the Order Process, you have made an express request that we may begin and complete the supply of the Service before the end of the cancellation period and consequently you have acknowledged and agreed to the loss of your statutory right of cancellation in relation to the Service ordered by you.
6. Charges and payment
6.1. We are responsible for collecting all payments for Orders placed for the TopUp Service via PayPal.
6.2. Payment via PayPal is governed by PayPal's terms and conditions and we will not be liable for any fault or error arising from PayPal's sphere of responsibility.
6.3. By placing your Order, you authorise PayPal to take the relevant payment via credit or debit card. This payment will appear on your account statement as PAYPAL * PARAGON GROUP UK LIMITED.
7. Use of your information
7.1. We will use the personal data you provide with your Order Data (but not your financial details) for the purposes of:
(a) processing your Order;
(b) administration of the Service; and
(c) the improvement of the Service.
7.2. Your email address will be used to confirm that you have successfully placed an Order for the TopUp Service, or if your Order for the TopUp Services has been declined. Your delivery address will be used by us to dispatch the Free SIM for your successful TopUp.
7.3. The financial information that you need to provide to obtain the Service will be encrypted by PayPal immediately upon you sending it. Your financial information received in this way will solely be processed by PayPal. We will have no access to it at any time.
7.4. We may share your personal information as follows:
(b) with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006, only to the extent that it is necessary to enable us to perform the Services to you; and
(c) with our business partners, suppliers and sub-contractors to enable us to perform the Service to you.
8.1. You must not re-sell or attempt to re-sell the Service (or any part of it) to any third party or attempt to exploit the Service for any commercial purposes.
8.2. A person who is not a party to this Agreement has no right under the Agreements (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
9.1. You or anyone else authorised by you must not use the Service:
(a) fraudulently or in connection with a criminal offence;
(b) in an unlawful manner, in contravention of any applicable legislation or license;
(c) in a way that does not comply with any instructions that we have given to you; or
(d) tamper with, hack, modify or otherwise corrupt the security or functionality of the Service or attempt to do so. The action we can take if it happens is explained in clause 10.
9.2. You agree not to post or transfer to our website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties' computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this condition, including, but not limited to, any claims made against us by any third party.
10. Breaches of this Agreement
10.1. We may suspend the Service or terminate this Agreement (or both) immediately if:
(a) you breach this Agreement;
(b) we believe that the Service is being used in a prohibited way as set out in clauses 8 and/or 9, even if you are unaware that the Service is being used in such a way;
(c) payments collected successfully by PayPal are subsequently disputed by you or your card issuer or your bank and the monies for the aforementioned payment are returned to you or your card issuer or your bank; or
(d) We receive notification from Talkmobile that your mobile network service provision has been barred.
10.2. If we suspend the Service, it will not be restored until we are satisfied that the Service will only be used in accordance with this Agreement.
10.3. If the Service is suspended because of a breach of this Agreement by you, this Agreement will still continue.
11. Events Outside Our Control
11.1. An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, computer viruses, unauthorised access, theft, operator error, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
11.2. We are not liable or responsible for any failure to perform, or any delay in performance of the Service that is caused by an Event Outside Our Control.
11.3. If an Event Outside Our Control takes place that affects the performance of the Service:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under this Agreement will be suspended and the time for performance of the Service will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of the Service to you, we will restart the Service as soon as reasonably possible after the Event Outside Our Control is over.
12. Our liability
12.1. We will use all reasonable endeavours to perform the Service without delay. In the event of technical difficulties outside our influence, we will use reasonable endeavours to deal with any orders as quickly as possible. We do not warrant the availability and functionality of the technical systems that are required to place an Order for the Service. If you experience any problems when using the TopUp Service please contact firstname.lastname@example.org, for any other issues visit talkmobile.co.uk/help or call you may contact Talkmobile by calling 5888 from your Talkmobile phone. There is a flat rate of 25p for calling this number.
12.2. We do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples);
(e) defective products under the Consumer Protection Act 1987; or
(f) any other liability that would be unlawful for us to exclude.
12.3. Subject to 12.2.
(a) our total liability to you in respect of all other losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the TopUp; and
(b) we are not liable for any loss that is not reasonably foreseeable, nor any loss of business, loss of revenue, loss of profit, loss of goodwill or loss of savings you were expecting to make, for wasted expenditure or loss of data or for any other direct, indirect, incidental, special or consequential loss, even if we have been advised of the possibility of such loss.
12.4. We are not liable under this Agreement whether in contract, tort (including negligence) breach of statutory duty, or otherwise for the acts or omissions of other providers of telecommunication services or faults in or failures of their networks or equipment.
12.5. We are not liable for any damages resulting from our inability to fulfil an Order due to any data processing errors or system or transmission failures that are outside our influence or the influence of our employees, representatives or agents.
12.6. As a consumer, you have legal rights in relation to goods that are faulty or not as described or services that are not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
13.1. You must reimburse us in respect of any sums we are obliged to pay because:
(a) you have used the Service in any of the ways described in clause 8 or clause 9; or
(b) any claims or legal proceedings are brought or threatened against us by another person in respect of defamation, breach of copyright or other intellectual property right infringement which are attributable to your use of the Service.
14. Other important terms
14.1. We may transfer our rights and obligations under this Agreement to another organisation, and we will notify you in writing if this happens, but this will not affect your rights or our obligations under these terms.
14.2. This Agreement is between you and Paragon Group UK Limited. Except as provided otherwise in this Agreement, no other person shall have any rights to enforce any of its terms.
14.3. Each of the clauses of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4. If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.5. These terms are governed by English law. You and we both agree to submit to the non exclusive jurisdiction of the English courts. However, if you are a consumer and a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer and reside in Scotland, you may also bring proceedings in Scotland.
Who are we: Paragon Group UK Limited, a company registered in England and Wales with company number 00551336 and having its registered office at Pallion Trading Estate, Sunderland, Tyne and Wear, SR4 6ST.
Contact us: email@example.com.
Updated May 2015